[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Pages 5510-5511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2349]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0090]


Federal Acquisition Regulation; Information Collection; Rights in 
Data and Copyrights

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance (9000-0090).

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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) 
Secretariat will be submitting to the Office of Management and Budget 
(OMB) a request to review and approve an extension of a currently 
approved information collection requirement concerning rights in data 
and copyrights. The clearance currently expires on May 31, 2004.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.

DATES: Submit comments on or before April 5, 2004.

ADDRESSES: Submit comments including suggestions for reducing this 
burden to

[[Page 5511]]

the General Services Administration, FAR Secretariat, 1800 F Street, 
NW., Room 4035, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Craig Goral, Acquisition Policy 
Division, GSA (202) 501-3856.

SUPPLEMENTARY INFORMATION:

A. Purpose

    Rights in Data is a regulation which concerns the rights of the 
Government, and organizations with which the Government contracts, to 
information developed under such contracts. The delineation of such 
rights is necessary in order to protect the contractor's rights to not 
disclose proprietary data and to insure that data developed with public 
funds is available to the public.
    The information collection burdens and recordkeeping requirements 
included in this regulation fall into the following four categories:
    (a) A provision which is to be included in solicitations where the 
proposer would identify any proprietary data he would use during 
contract performance in order that the contracting officer might 
ascertain if such proprietary data should be delivered.
    (b) Contract provisions which, in unusual circumstances, would be 
included in a contract and require a contractor to deliver proprietary 
data to the Government for use in evaluation of work results, or is 
software to be used in a Government computer. These situations would 
arise only when the very nature of the contractor's work is comprised 
of limited rights data or restricted computer software and if the 
Government would need to see that data in order to determine the extent 
of the work.
    (c) A technical data certification for major systems, which 
requires the contractor to certify that the data delivered under the 
contract is complete, accurate and compliant with the requirements of 
the contract. As this provision is for major systems only, and few 
civilian agencies have such major systems, only about 30 contracts will 
involve this certification.
    (d) The Additional Data Requirements clause, which is to be 
included in all contracts for experimental, developmental, research, or 
demonstration work (other than basic or applied research to be 
performed solely by a university or college where the contract amount 
will be $500,000 or less). The clause requires that the contractor keep 
all data first produced in the performance of the contract for a period 
of three years from the final acceptance of all items delivered under 
the contract. Much of this data will be in the form of the deliverables 
provided to the Government under the contract (final report, drawings, 
specifications, etc.). Some data, however, will be in the form of 
computations, preliminary data, records of experiments, etc., and these 
will be the data that will be required to be kept over and above the 
deliverables. The purpose of such recordkeeping requirements is to 
insure that the Government can fully evaluate the research in order to 
ascertain future activities and to insure that the research was 
completed and fully reported, as well as to give the public an 
opportunity to assess the research results and secure any additional 
information. All data covered by this clause is unlimited rights data 
paid for by the Government.
    Paragraph (d) of the Rights in Data-General clause outlines a 
procedure whereby a contracting officer can challenge restrictive 
markings on data delivered. Under civilian agency contracts, limited 
rights data or restricted computer software is rarely, if ever, 
delivered to the Government. Therefore, there will rarely be any 
challenges. Thus, there is no burden on the public.

B. Annual Reporting Burden

    Respondents: 1,100.
    Responses Per Respondent: 1.
    Total Responses: 1,100.
    Hours Per Response: 2.7.
    Total Burden hours: 2,970.

C. Annual Recordkeeping Burden

    The annual recordkeeping burden is estimated as follows:
    Recordkeepers: 9,000.
    Hours Per Recordkeeper: 3.
    Total Recordkeeping Burden Hours: 27,000.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, FAR Secretariat (MVA), Room 4035, 1800 F Street, 
Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control 
Number 9000-0090, Rights in Data and Copyrights, in all correspondence.

    Dated: January 30, 2004.
Ralph J. DeStefano,
Acting Director, Acquisition Policy Division.
[FR Doc. 04-2349 Filed 2-4-04; 8:45 am]
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