[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Notices]
[Pages 44751-44752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19404]


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DEPARTMENT OF DEFENSE

[OMB Control Number 0704-0369]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; Rights in Technical Data and Computer Software

AGENCY: Department of Defense (DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the 
proposed extension of a public information collection requirement and 
seeks public comment on the provisions thereof. DoD invites comments 
on: (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of DoD, including whether the 
information will have practical utility; (b) the accuracy of the 
estimate of the burden of the proposed information collection; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. The Office of 
Management and Budget (OMB) has approved this information collection 
for use through November 30, 2003. DoD proposes that OMB extend its 
approval for use through November 30, 2006.

DATES: DoD will consider all comments received by September 29, 2003.

ADDRESSES: Respondents may submit comments directly on the World Wide 
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an 
alternative, respondents may e-mail comments to: [email protected]. 
Please cite OMB Control Number 0704-0369 in the subject line of e-
mailed comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Mr. Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
0350. Please cite OMB Control Number 0704-0369.
    At the end of the comment period, interested parties may view 
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296. 
The information collection requirements addressed in this notice are 
available electronically via the Internet at: http://www.acq.osd.mil/dp/dars/dfars.html. Paper copies are available from Mr. Euclides 
Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.

SUPPLEMENTARY INFORMATION: Title and OMB Number: Defense Federal 
Acquisition Regulation Supplement (DFARS) Subpart 227.71, Rights in 
Technical Data, and Subpart 227.72, Rights in Computer Software and 
Computer Software Documentation, and related provisions and clauses of 
the Defense Federal Acquisition Regulation Supplement (DFARS); OMB 
Control Number 0704-0369.
    Needs and Uses: DFARS Subparts 227.71 and 227.72 prescribe the use 
of solicitation provisions and contract clauses containing information 
collection requirements that are associated with rights in technical 
data and computer software. DoD needs this information to implement 10 
U.S.C. 2320, Rights in technical data, and 10 U.S.C. 2321, Validation 
of proprietary data restrictions. DoD uses the information to recognize 
and protect contractor rights in technical data and computer software 
that are associated with privately funded developments; and to ensure 
that technical data delivered under a contract is complete and accurate 
and satisfies contract requirements.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Annual Burden Hours: 1,235,970.
    Number of Respondents: 54,925.
    Responses Per Respondent: 26.
    Annual Responses: 1,403,170.
    Average Burden Per Response: .9 hours.
    Frequency: On occasion.

Summary of Information Collection

    DoD uses the following DFARS provisions and clauses in 
solicitations and contracts to require offerors and contractors to 
identify and mark data or software requiring protection from 
unauthorized release or disclosure in accordance with 10 U.S.C. 2320:
    252.227-7013, Rights in Technical Data'Noncommercial Items.
    252.227-7014, Rights in Noncommercial Computer Software and 
Noncommercial Computer Software Documentation.
    252.227-7017, Identification and Assertion of Use, Release, or 
Disclosure Restrictions.
    252.227-7018, Rights in Noncommercial Technical Data and Computer 
Software--Small Business Innovation Research (SBIR) Program.
    In accordance with 10 U.S.C. 2320(a)(2)(D), DoD may disclose 
limited rights data to persons outside the Government, or allow those 
persons to use limited rights data, if the recipient agrees not to 
further release, disclose, or use the data. Therefore, the clause at 
DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, 
requires the contractor to identify and mark data or software that it 
provides with limited rights.
    In accordance with 10 U.S.C. 2321(b), contractors and 
subcontractors at any tier must be prepared to furnish written 
justification for any asserted restriction on the Government's rights 
to use or release data. The following DFARS clauses require contractors 
and subcontractors to maintain adequate records and procedures to 
justify any asserted restrictions:
    252.227-7019, Validation of Asserted Restrictions--Computer 
Software.
    252.227-7037, Validation of Restrictive Markings on Technical Data.
    In accordance with 10 U.S.C. 2320, DoD must protect the rights of 
contractors that have developed items, components, or processes at 
private expense. Therefore, the clause at DFARS 252.227-7025, 
Limitations on the Use or Disclosure of Government-Furnished 
Information Marked with Restrictive Legends, requires a contractor or 
subcontractor to submit a use and non-disclosure agreement when it 
obtains data from the Government to which the Government has only 
limited rights.
    The provision at DFARS 252.227-7028, Technical Data or Computer 
Software Previously Delivered to the Government, requires an offeror to 
identify any technical data or computer software that it previously 
delivered, or will deliver, under any Government contract. DoD needs 
this information to avoid paying for rights in technical data or 
computer software that the Government already owns.
    In accordance with 10 U.S.C. 2320(b)(7), a contractor that delivers 
or makes technical data available to the Government must furnish 
written assurance that the technical data is complete and accurate and 
satisfies contract requirements. The clause at DFARS 252.227-7036, 
Declaration of

[[Page 44752]]

Technical Data Conformity, implements this requirement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 03-19404 Filed 7-29-03; 8:45 am]
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