[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71588-71589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25614]


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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.

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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.

DATES: Consideration will be given to all comments received by December 
23, 2022.

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.
    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 developments; 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 non-disclosure 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 non-disclosure 
agreement, requires intended recipients

[[Page 71589]]

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. 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 
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.
    Comments and recommendations on the proposed information collection 
should be sent to Ms. Susan Minson, DoD Desk Officer, at 
[email protected]. Please identify the proposed information 
collection by DoD Desk Officer and the Docket ID number and title of 
the information collection.
    You may also submit comments, identified by docket number and 
title, by the following method: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
    DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of 
the information collection proposal should be sent to Ms. Duncan at 
[email protected].

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2022-25614 Filed 11-22-22; 8:45 am]
BILLING CODE 5001-06-P