[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78965-78967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27999]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0095; Docket No. 2022-0053; Sequence No. 21]


Submission for OMB Review; Federal Acquisition Regulation Part 27 
Requirements

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding Federal Acquisition Regulation (FAR) part 27 requirements.

[[Page 78966]]


DATES: Submit comments on or before January 23, 2023.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA through https://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.
    Instructions: All items submitted must cite OMB Control No. 9000-
0095, Federal Acquisition Regulation Part 27 Requirements. Comments 
received generally will be posted without change to https://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. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or [email protected].

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)

    9000-0095, Federal Acquisition Regulation Part 27 Requirements.

B. Need and Uses

    The Department of Defense, General Services Administration, and 
National Aeronautics and Space Administration are combining OMB Control 
Nos. by FAR part. This consolidation is expected to improve industry's 
ability to easily and efficiently identify burdens associated with a 
given FAR part. This review of the information collections by FAR part 
allows improved oversight to ensure there is no redundant or 
unaccounted for burden placed on industry. Lastly, combining 
information collections in a given FAR part is also expected to reduce 
the administrative burden associated with processing multiple 
information collections.
    This justification supports the extension of OMB Control No. 9000-
0095 and combines it with the previously approved information 
collections under OMB Control Nos. 9000-0090 and 0096, with the new 
title ``Federal Acquisition Regulation Part 27 Requirements''. Upon 
approval of this consolidated information collection, OMB Control Nos. 
9000-0090 and 9000-0096 will be discontinued. The burden requirements 
previously approved under the discontinued numbers will be covered 
under OMB Control No. 9000-0095.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR requirements:
    FAR 52.227-2, Notice and Assistance Regarding Patent and Copyright 
Infringement. This clause requires contractors to notify the Government 
of any allegations of patent or copyright infringement arising during 
the performance of the contract. The clause requires contractors to 
furnish, when requested by the contracting officer, all evidence and 
information in the contractor's possession regarding such a claim or 
suit. This clause flows down to subcontracts that are expected to 
exceed the simplified acquisition threshold (SAT--currently $250,000).
    FAR 52.227-6, Royalty Information. This provision requires offerors 
to report all royalties anticipated or paid in excess of $250 for the 
use of patented inventions by furnishing:
    (1) Name and address of licensor.
    (2) Date of license agreement.
    (3) Patent numbers, patent application serial numbers, or other 
basis on which the royalty is payable.
    (4) Brief description, including any part or model numbers of each 
contract item or component on which the royalty is payable.
    (5) Percentage or dollar rate of royalty per unit.
    (6) Unit price of contract item.
    (7) Number of units.
    (8) Total dollar amount of royalties.
    Also, the contracting officer may ask the offeror to provide a copy 
of the current license agreement identifying claims to specific 
patents.
    FAR 52.227-9, Refund of Royalties. This clause requires contractors 
to furnish to the contracting officer, before final payment under a 
contract, a statement of royalties paid or required to be paid in 
connection with performing the contract. The clause requires 
contractors to notify the contracting officer if the contractor is 
relieved, within three years after final payment under the contract, 
from payment of royalties included in the final contract price. This 
clause flows down to subcontracts in which the amount of royalties 
reported during negotiation of the subcontract exceeds $250.
    FAR 52.227-11, Patent Rights--Ownership by the Contractor, or 
52.227-13, Patent Rights--Ownership by the Government--Commerce Patent 
Regulations. These FAR clauses require a Government contractor to 
report all inventions made in the performance of work under a 
Government contract or subcontract for experimental, developmental, or 
research work to the contracting officer, submit a disclosure of the 
invention, and identify any publication, sale, or public use of the 
invention (52.227-11(c), 52.227-13(e)(1)). The contracting officer may 
modify 52.227-11(e) or otherwise supplement the clause to require 
contractors to submit periodic or interim and final reports listing 
subject inventions (27.303(b)(2)(i) and (ii)). The contracting officer 
may also require a contractor, under FAR 52.227-11, to: provide the 
filing date, serial number, title, patent number and issue date for any 
patent application filed on any subject invention in any country or, 
upon request, copies of any patent application so identified; and 
furnish the Government an irrevocable power to inspect and make copies 
of the patent application file when a Government employee is a co-
inventor. (27.303(b)(2)(iv) and (v). In order to ensure that subject 
inventions are reported, the contractor is required to establish and 
maintain effective procedures for identifying and disclosing subject 
inventions (52.227-11, Alternate IV; 52.227-13(e)(1)). In addition, the 
contractor must require its employees, by written agreements, to 
disclose subject inventions (52.227-11(e)(2); 52.227-13(e)(4)). The 
contractor also has an obligation to utilize the subject invention, and 
agree to report, upon request, the utilization or efforts to utilize 
the subject invention (27.302(e); 52.227-11(f)).
    FAR 52.227-14, Rights in Data-General. This clause enables the 
contractor to protect qualifying limited rights data and restricted 
computer software by withholding the data from the Government and 
instead delivering form, fit, and function data. For unauthorized 
marking of data, the contractor may provide written justification to 
substantiate the propriety of the markings for the contracting officer 
to consider whether or not the markings are to be canceled or ignored. 
For omitted or incorrect markings of data that has not been disclosed 
without restriction outside the Government, the contractor may request, 
within 6 months (or a longer time approved by the contracting officer) 
after delivery of the data,

[[Page 78967]]

permission to have authorized notices placed on the data at the 
contractor's expense. 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 52.227-15, Representation of Limited Rights Data and Restricted 
Computer Software. This provision requires an offeror to represent that 
it has reviewed the requirements for the delivery of technical data or 
computer software and state, in response to a solicitation, whether 
data proposed for fulfilling the data delivery requirements qualifies 
as limited rights 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 a 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. For omitted or incorrect markings of data that has not been 
disclosed without restriction outside the Government, the contractor 
may request, within 6 months (or a longer time approved by the 
contracting officer) after delivery of the data, permission to have 
authorized notices placed on the data at the contractor's expense. 
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.
    The information collected is used to protect the Government's 
rights and interests.

C. Annual Burden

    Respondents/Recordkeepers: 1,121.
    Total Annual Responses: 14,965.
    Total Burden Hours: 54,633. (53,268 reporting hours + 1,365 
recordkeeping hours)

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
63070, on October 18, 2022. No comments were received.
    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. 9000-0095, Federal Acquisition Regulation Part 27 
Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-27999 Filed 12-22-22; 8:45 am]
BILLING CODE 6820-EP-P