[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Rules and Regulations]
[Pages 51188-51189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17422]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 207 and 227

RIN 0750-AF70


Defense Federal Acquisition Regulation Supplement; Technical Data 
Rights (DFARS Case 2006-D055)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 802(a) 
of the National Defense Authorization Act for Fiscal Year 2007. Section 
802(a) contains requirements for DoD to assess long-term technical data 
needs when acquiring major weapon systems and subsystems.

DATES: Effective date: September 6, 2007.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before November 5, 2007, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D055, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: [email protected]. Include DFARS Case 2006-D055 in the 
subject line of the message.
    [cir] Fax: (703) 602-7887.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 802(a) of the National Defense Authorization Act for Fiscal 
Year 2007 (Pub. L. 109-364) requires that DoD program managers for 
major weapon systems, and subsystems of major weapon systems, assess 
the long-term technical data needs of such systems and subsystems and 
establish corresponding acquisition strategies that provide for 
technical data rights needed to sustain such systems and subsystems 
over their life cycle. This interim rule amends DFARS Parts 207 and 227 
to implement Section 802(a) of Public Law 109-364. Although the law 
does not address requirements for computer software, it is long-
standing DoD policy to apply the same or similar requirements to both 
technical data and computer software, since many issues are common to 
both. Therefore, this interim DFARS rule applies to both technical data 
and computer software.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
pertains to acquisition planning that is performed by the Government. 
Therefore, DoD has not performed an initial regulatory flexibility 
analysis. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 
2006-D055.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 802(a) of the National Defense 
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 
802(a) requires DoD to revise regulations to incorporate requirements 
for program managers to assess the long-term technical data needs of 
major weapon systems and subsystems, and to establish corresponding 
acquisition strategies that provide for technical data rights needed to 
sustain such systems and subsystems over their life cycle. Comments 
received in response to this interim rule will be considered in the 
formation of the final rule.

List of Subjects in 48 CFR Parts 207 and 227

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 207 and 227 are amended as follows:
0
1. The authority citation for 48 CFR parts 207 and 227 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 207--ACQUISITION PLANNING

0
2. Section 207.106 is amended by adding paragraph (S-70) to read as 
follows:


207.106  Additional requirements for major systems.

* * * * *
    (S-70)(1) In accordance with Section 802(a) of the National Defense 
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and DoD policy 
requirements, acquisition plans for major weapon systems and subsystems 
of major weapon systems shall--
    (i) Assess the long-term technical data and computer software needs 
of those systems and subsystems; and
    (ii) Establish acquisition strategies that provide for the 
technical data deliverables and associated license rights needed to 
sustain those systems and subsystems over their life cycle. The 
strategy may include--
    (A) The development of maintenance capabilities within DoD; or
    (B) Competition for contracts for sustainment of the systems or 
subsystems.

[[Page 51189]]

    (2) Assessments and corresponding acquisition strategies developed 
under this section shall--
    (i) Be developed before issuance of a solicitation for the weapon 
system or subsystem;
    (ii) Address the merits of including a priced contract option for 
the future delivery of technical data and computer software, and 
associated license rights, that were not acquired upon initial contract 
award;
    (iii) Address the potential for changes in the sustainment plan 
over the life cycle of the weapon system or subsystem; and
    (iv) Apply to weapon systems and subsystems that are to be 
supported by performance-based logistics arrangements as well as to 
weapon systems and subsystems that are to be supported by other 
sustainment approaches.

PART 227--PATENTS, DATA, AND COPYRIGHTS

0
3. Section 227.7103-1 is amended by adding paragraph (f) to read as 
follows:


227.7103-1  Policy.

* * * * *
    (f) For acquisitions involving major weapon systems or subsystems 
of major weapon systems, the acquisition plan shall address acquisition 
strategies that provide for technical data and the associated license 
rights in accordance with 207.106(S-70).
0
4. Section 227.7203-1 is amended by adding paragraph (e) to read as 
follows:


227.7203-1  Policy.

* * * * *
    (e) For acquisitions involving major weapon systems or subsystems 
of major weapon systems, the acquisition plan shall address acquisition 
strategies that provide for computer software and computer software 
documentation, and the associated license rights, in accordance with 
207.106(S-70).

 [FR Doc. E7-17422 Filed 9-5-07; 8:45 am]
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