[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59201-59202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20637]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[OMB Control Number 0704-0369; Docket Number DARS-2016-0025]


Submission for OMB Review; Comment Request

ACTION: Notice.

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SUMMARY: The Defense Acquisition Regulations System has submitted to 
OMB for clearance, the following proposal for collection of information 
under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 
35).

DATES: Consideration will be given to all comments received by 
September 28, 2016.

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.
    Type of Request: Revision.
    Number of Respondents: 75,250.
    Responses per Respondent: Approximately 13.
    Annual Responses: 959,602.
    Average Burden per Response: Approximately 1 hour.
    Annual Response Burden Hours: 904,574 hours.
    Total Annual Burden Hours: 995,174 hours.
    Annual Recordkeeping Burden Hours: 90,600 hours.
    Affected Public: Businesses or other for-profit and not-for profit 
institutions.
    Frequency: On occasion.
    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

[[Page 59202]]

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 are complete and accurate and satisfy contract requirements.
    Respondent's Obligation:
    a. Identification and assertion of use, release, or disclosure 
restrictions prior to delivery. DFARS provision 252.227-7017, 
Identification and Assertion of Use, Release, or Disclosure 
Restrictions, is used in all noncommercial solicitations that include 
either DFARS clauses 252.227-7013, Rights in Technical Data--
Noncommercial Items; 252.227-7014, Rights in Noncommercial Computer 
Software and Noncommercial Computer Software Documentation; and 
252.227-7018, Rights in Noncommercial Technical Data and Computer 
Software--Small Business Innovation Research (SBIR) Program, to require 
offerors to identify and assert, in their offer, technical data or 
computer software to be delivered with other than unlimited rights in 
their offer.
    b. Post-award notices of use, release, or disclosure restriction 
and marking. DFARS clauses 252.227-7013, Rights in Technical Data--
Noncommercial Items; 252.227-7014, Rights in Noncommercial Computer 
Software and Noncommercial Computer Software Documentation; and 
252.227-7018, Rights in Noncommercial Technical Data and Computer 
Software--Small Business Innovation Research (SBIR) Program, require 
contractors to both identify and mark technical data or software that 
must be protected from unauthorized release or disclosure.
    c. Justification for any asserted restriction. DFARS 252.227-7019, 
Validation of Asserted Restrictions--Computer Software, and 252.227-
7037, Validation of Restrictive Markings on Technical Data, require 
contractors and subcontractors to maintain adequate records to justify 
the validity of any markings that assert restrictions on the 
Government's rights to use, modify, reproduce, perform, display, 
release or disclose delivered or required to be delivered.
    d. Use and non-disclosure agreement. DFARS 227.7103-7, Use and non-
disclosure agreement, requires intended recipients of technical data or 
computer software delivered to the Government with restrictions on use, 
modification, reproduction, release, performance, display, or 
disclosure, to sign the use and non-disclosure agreement at 227.7103-
7(c) prior to release or disclosure of the data, unless the recipient 
is a Government contractor that requires access to a third parties data 
or software for the performance of a Government contract that contains 
the clause at 252.227-7025, Limitations on Use or Disclosure of 
Government-Furnished Information Marked with Restrictive Legends.
    e. Limitations on use or disclosure. DFARS 252.227-7025, 
Limitations on the Use or Disclosure of Government-Furnished 
Information Marked with Restrictive Legends, requires contractors and 
subcontractors at any tier that obtain data from the Government to 
which the Government has only limited rights, restricted rights, or 
SBIR rights legends to submit a ``Use and Disclosure'' agreement.
    f. Identification of previously delivered technical data or 
computer software. DFARS 252.227-7028, Technical Data or Computer 
Software Previously Delivered to the Government, requires offerors to 
identify any technical data or computer software that it intends to 
deliver that are identical or substantially similar to technical data 
or computer software that the offeror has produced for, delivered to or 
is obligated to deliver to the Government.
    OMB Desk Officer: Ms. Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Seehra at the Office of Management and 
Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number, and title for the Federal Register document. The 
general policy for comments and other public submissions from members 
of the public is to make these submissions available for public viewing 
on the internet at http://www.regulations.gov as they are received 
without change, including any personal identifiers or contact 
information provided. To confirm receipt of your comment(s), please 
check http://www.regulations.gov approximately two to three days after 
submission to verify posting (except allow 30 days for posting of 
comments submitted by mail).
    DoD Clearance Officer: Mr. Frederick C. Licari.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Licari at: Publication Collections Program, WHS/
ESD Information Management Division, 4800 Mark Center Drive, 2nd Floor, 
East Tower, Suite 02G09, Alexandria, VA 22350-3100.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-20637 Filed 8-26-16; 8:45 am]
 BILLING CODE 5001-06-P