[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Notices]
[Pages 45637-45638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16402]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0090; Docket No. 2020-0053; Sequence No. 5]


Information Collection; Rights in Data and Copyrights

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995, and the Office of Management and Budget (OMB) 
regulations, DoD, GSA, and NASA invite the public to comment on a 
revision and renewal concerning rights in data and copyrights. DoD, 
GSA, and NASA invite comments on: Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
Federal Government acquisitions, including whether the information will 
have practical utility; the accuracy of the estimate of the burden of 
the proposed information collection; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology. OMB has approved this information collection 
for use through October 31, 2020. DoD, GSA, and NASA propose that OMB 
extend its approval for use for three additional years beyond the 
current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by 
September 28, 2020.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through http://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite Information Collection 
9000-0090, Rights in Data and Copyrights. Comments received generally 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two-to-three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0090, Rights in Data and Copyrights.

B. Need and Uses

    Contracts must contain terms that delineate the appropriate rights 
and obligations of the Government and the contractor regarding the use, 
reproduction and disclosure of data. This clearance covers the 
information that offerors and contractors must submit to comply with 
the following Federal Acquisition Regulation (FAR) requirements:
     FAR 52.227-15, Representation of Limited Rights Data and 
Restricted Computer Software. This provision requires an offeror to 
state, in response to a solicitation, whether data proposed for 
fulfilling the data delivery requirements qualifies as limited rights

[[Page 45638]]

data or restricted computer software. If the Government does not 
receive unlimited rights, the offeror must provide a list of the data 
that qualify as limited rights data or restricted computer software. 
The offeror would identify any proprietary data it would use during 
contract performance, in order that the contracting officer might 
ascertain if such proprietary data should be delivered.
     FAR 52.227-16, Additional Data Requirements. This clause 
requires contractors to keep, for possible delivery to the Government, 
any data, in addition to data already required to be delivered under 
the contract, first produced or specifically used in performance of the 
contract for a period of three years from the final acceptance of all 
items delivered under the contract. The data delivered under this 
clause may be in the form of computations, preliminary data, records of 
experiments, etc. For any data to be delivered under this clause, the 
Government will pay the contractor for converting the data into a 
specific form, and for reproducing and delivering the data. The purpose 
of such recordkeeping requirements is to ensure that, if all data 
requirements are not known prior to contract award, 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.
     FAR 52.227-17, Rights in Data-Special Works. This clause 
is included in solicitations and contracts primarily for production or 
compilation of data. It is used in rare and exceptional circumstances 
to permit the Government to limit the contractor's rights in data by 
preventing the release, distribution, and publication of any data first 
produced in the performance of the contract. This clause may also be 
limited to particular items and not the entire contract. This clause 
requires contractors to assign (with or without registration), or 
obtain the assignment of, the copyright to the Government or its 
designated assignee.
     FAR 52.227-18, Rights in Data-Existing Works. This clause 
is used when the Government is acquiring existing audiovisual or 
similar works, such as books, without modification. This clause 
requires contractors to obtain license for the Government to reproduce, 
prepare derivative works, and perform and display publicly the 
materials.
     FAR 52.227-19, Commercial Computer Software License. This 
clause requires contractors to affix a notice on any commercial 
software delivered under the contract that provides notice that the 
Government's rights regarding the data are set forth in the contract.
     FAR 52.227-20, Rights in Data-SBIR Program. This clause 
authorizes contractors under Small Business Innovation Research (SBIR) 
contracts to affix a notice to SBIR data delivered under the contract 
to limit the Government's rights to disclose data first produced under 
the contract. Contractors shall obtain from their subcontractors all 
data and rights necessary to fulfill the contractor's obligations to 
the Government under the contract. If a subcontractor refuses to accept 
terms affording the Government those rights, the contractor shall 
notify the contracting officer of the refusal.
     FAR 52.227-21, Technical Data Declaration, Revision, and 
Withholding of Payment-Major Systems. This clause requires major 
systems contractors to certify that the data delivered under the 
contract is complete, accurate, and compliant with the requirements of 
the contract.
     FAR 52.227-23, Rights to Proposal Data (Technical). This 
clause allows the Government to identify pages of a proposal that would 
not be subject to unlimited rights in the technical data.

C. Annual Burden

    Respondents/Recordkeepers: 2,106.
    Total Annual Responses: 5,999.
    Total Burden Hours: 5,999. (1,403 reporting hours + 4,596 
recordkeeping hours).

Obtaining Copies

    Requesters may obtain a copy of the information collection 
documents from the GSA Regulatory Secretariat Division by calling 202-
501-4755 or emailing [email protected]. Please cite OMB Control No. 
9000-0090, Rights in Data and Copyrights.

William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2020-16402 Filed 7-28-20; 8:45 am]
BILLING CODE 6820-EP-P