Federal Acquisition Regulation; Information Collection; Rights in Data and Copyrights, 13764 [2010-6402]

Download as PDF 13764 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Notices DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0090; Docket 2010– 0083; Sequence 16] Federal Acquisition Regulation; Information Collection; Rights in Data and Copyrights jlentini on DSKJ8SOYB1PROD with NOTICES AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning rights in data and copyrights. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before May 24, 2010. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement Analyst, Contract Policy Branch, GSA (202) 501– 3775 or e-mail ernest.woodson@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose Subpart 27.4, Rights in Data and Copyrights is a regulation which VerDate Nov<24>2008 16:31 Mar 22, 2010 Jkt 220001 concerns the rights of the Government and Contractors with whom the Government contracts, regarding the use, reproduction, and disclosure of information developed under such contracts. The delineation of such rights is necessary in order to protect the contractor’s rights to not disclose proprietary data and to ensure that data developed with public funds is available to the public. The information collection burdens and recordkeeping requirements included in this regulation fall into the following four categories: (a) A provision which is to be included in solicitations where 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. (b) Contract provisions which, in unusual circumstances, would be included in a contract and require a contractor to deliver proprietary data to the Government for use in evaluating work results, or is software to be used in a Government computer. These situations would arise only when the very nature of the contractor’s work is comprised of limited rights data or restricted computer software and if the Government would need to see that data in order to determine the extent of the work. (c) A technical data certification for major systems, which requires the contractor to certify that the data delivered under the contract is complete, accurate and compliant with the requirements of the contract. As this provision is for major systems only, and few civilian agencies have such major systems, only about 30 contracts should require this certification. (d) The Additional Data Requirements clause, which is to be included in all contracts for experimental, developmental, research, or demonstration work (other than basic or applied research to be performed solely by a university or college where the contract amount will be $500,000 or less). The clause requires that the contractor keep all data first produced in the performance of the contract for a period of three years from the final acceptance of all items delivered under the contract. Much of this data will be in the form of deliverables provided to the Government under the contract (final report, drawings, specifications, etc.). Some data, however, will be in the form of computations, preliminary data, records of experiments, etc., and these will be the data that will be required to be kept over and above the deliverables. PO 00000 Frm 00038 Fmt 4703 Sfmt 9990 The purpose of such recordkeeping requirements is to ensure that the Government can fully evaluate the research in order to ascertain future activities and to ensure 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. All data covered by this clause is unlimited rights data paid for by the Government. Paragraph (d) of the Rights in Data— General clause (52.227.14) outlines a procedure whereby a contracting officer can challenge restrictive markings on data delivered. Under civilian agency contracts, limited rights data or restricted computer software is rarely, if ever, delivered to the Government. Therefore, there may rarely be any challenges. Thus, there is no burden on the public. B. Annual Reporting Burden Respondents: 1,100. Responses per Respondent: 1. Annual Responses: 1,100. Hours per Response: .95. Total Burden Hours: 1,040. C. Annual Recordkeeping Burden The annual recordkeeping burden is estimated as follows: Recordkeepers: 9,000. Hours per Recordkeeper: 2. Total Recordkeeping Burden Hours: 18,000. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 9000–0090, Rights in Data and Copyrights, in all correspondence. Dated: March 18, 2010. Al Matera, Director, Acquisition Policy Division. [FR Doc. 2010–6402 Filed 3–22–10; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Notices]
[Page 13764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6402]



[[Page 13764]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0090; Docket 2010-0083; Sequence 16]


 Federal Acquisition Regulation; Information Collection; Rights 
in Data and Copyrights

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

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Regulatory Secretariat will be submitting 
to the Office of Management and Budget (OMB) a request to review and 
approve an extension of a previously approved information collection 
requirement concerning rights in data and copyrights.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.

DATES: Submit comments on or before May 24, 2010.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to the General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC 
20405.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement 
Analyst, Contract Policy Branch, GSA (202) 501-3775 or e-mail 
ernest.woodson@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    Subpart 27.4, Rights in Data and Copyrights is a regulation which 
concerns the rights of the Government and Contractors with whom the 
Government contracts, regarding the use, reproduction, and disclosure 
of information developed under such contracts. The delineation of such 
rights is necessary in order to protect the contractor's rights to not 
disclose proprietary data and to ensure that data developed with public 
funds is available to the public.
    The information collection burdens and recordkeeping requirements 
included in this regulation fall into the following four categories:
    (a) A provision which is to be included in solicitations where 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.
    (b) Contract provisions which, in unusual circumstances, would be 
included in a contract and require a contractor to deliver proprietary 
data to the Government for use in evaluating work results, or is 
software to be used in a Government computer. These situations would 
arise only when the very nature of the contractor's work is comprised 
of limited rights data or restricted computer software and if the 
Government would need to see that data in order to determine the extent 
of the work.
    (c) A technical data certification for major systems, which 
requires the contractor to certify that the data delivered under the 
contract is complete, accurate and compliant with the requirements of 
the contract. As this provision is for major systems only, and few 
civilian agencies have such major systems, only about 30 contracts 
should require this certification.
    (d) The Additional Data Requirements clause, which is to be 
included in all contracts for experimental, developmental, research, or 
demonstration work (other than basic or applied research to be 
performed solely by a university or college where the contract amount 
will be $500,000 or less). The clause requires that the contractor keep 
all data first produced in the performance of the contract for a period 
of three years from the final acceptance of all items delivered under 
the contract. Much of this data will be in the form of deliverables 
provided to the Government under the contract (final report, drawings, 
specifications, etc.). Some data, however, will be in the form of 
computations, preliminary data, records of experiments, etc., and these 
will be the data that will be required to be kept over and above the 
deliverables. The purpose of such recordkeeping requirements is to 
ensure that the Government can fully evaluate the research in order to 
ascertain future activities and to ensure 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. All data covered by this clause is unlimited rights data 
paid for by the Government.
    Paragraph (d) of the Rights in Data--General clause (52.227.14) 
outlines a procedure whereby a contracting officer can challenge 
restrictive markings on data delivered. Under civilian agency 
contracts, limited rights data or restricted computer software is 
rarely, if ever, delivered to the Government. Therefore, there may 
rarely be any challenges. Thus, there is no burden on the public.

B. Annual Reporting Burden

    Respondents: 1,100.
    Responses per Respondent: 1.
    Annual Responses: 1,100.
    Hours per Response: .95.
    Total Burden Hours: 1,040.

C. Annual Recordkeeping Burden

    The annual recordkeeping burden is estimated as follows:
    Recordkeepers: 9,000.
    Hours per Recordkeeper: 2.
    Total Recordkeeping Burden Hours: 18,000.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0090, Rights in Data and Copyrights, in all 
correspondence.

    Dated: March 18, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010-6402 Filed 3-22-10; 8:45 am]
BILLING CODE 6820-EP-P