[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54680-54681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19283]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2022-0021]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; Rights in Technical Data and Computer Software 
(OMB Control Number 0704-0369)

AGENCY: Defense Acquisition Regulations System; 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 the Paperwork Reduction Act of 1995, DoD 
announces the proposed extension of a public information collection 
requirement and seeks public comment on the provisions thereof. DoD 
invites comments on: 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; 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. The Office of 
Management and Budget (OMB) has approved this information collection 
for use under Control Number 0704-0369 through December 31, 2022. DoD 
proposes that OMB approve an extension of the information collection 
requirement, to expire three years after the approval date.

DATES: DoD will consider all comments received by November 7, 2022.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0369, using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: [email protected]. Include OMB Control Number 0704-
0369 in the subject line of the message.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. David Johnson, at 202-913-5764.

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; OMB Control Number 
0704-0369.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Reporting Frequency: On occasion.
    Type of Request: Extension of a currently approved collection.
    Number of Respondents: 75,250.
    Responses per Respondent: 13, approximately.
    Annual Responses: 959,602.
    Average Burden per Response: 1 hour, approximately.
    Annual Response Burden Hours: 904,574.
    Annual Recordkeeping Burden Hours: 90,600.
    Total Annual Burden Hours: 995,174.
    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 development; and to ensure 
that technical data delivered under a contract are complete and 
accurate and satisfy contract requirements.
    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 use, 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 data with use, release, or disclosure restrictions, 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 
exclusively 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 nondisclosure agreement when it 
obtains data from the Government to which the Government has less than 
unlimited rights. In addition, DFARS 227.7103-7, Use and nondisclosure 
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 nondisclosure 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 party's 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. 
According to 10 U.S.C. 2320(a)(2)(D), DoD may disclose limited rights 
data to persons outside the Government, or allow those persons

[[Page 54681]]

to use limited rights data, if the recipient agrees not to further use, 
release, or disclose the data.
    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.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2022-19283 Filed 9-6-22; 8:45 am]
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