Federal Acquisition Regulation; Submission for OMB Review; Patents, 66740-66742 [2013-26578]
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices
[FR Doc. 2013–26560 Filed 11–5–13; 8:45 am]
BILLING CODE 6210–01–C
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0096; Docket No.
2013–0077; Sequence No. 10]
Federal Acquisition Regulation;
Submission for OMB Review; Patents
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for comments
regarding an extension to an existing
OMB clearance.
AGENCIES:
Under the provisions of the
Paperwork Reduction Act, 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
patents.
DATES: Submit comments on or before
December 6, 2013.
ADDRESSES: Submit comments
identified by Information Collection
9000–0096, Patents, by any of the
following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by searching for
‘‘9000–0096; Patents’’. Select the link
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SUMMARY:
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‘‘Submit a Comment’’ that corresponds
with ‘‘Information Collection 9000–
0096, Patents’’. Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and
‘‘Information Collection 9000–0096,
Patents’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), IC 9000–0096, 1800 F
Street NW., 2nd Floor, Washington, DC
20405.
Instructions: Please submit comments
only and cite Information Collection
9000–0096, Patents, in all
correspondence related to this
collection. Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: FAR Desk Officer, OMB,
Room 10102, NEOB, Washington, DC
20503. All comments received will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Marissa Petrusek, Procurement Analyst,
at 202–501–0136. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755.
SUPPLEMENTARY INFORMATION:
A. Purpose
The patent coverage in Federal
Acquisition Regulation (FAR) subpart
27.2 requires the contractor to report
each notice of a claim of patent or
copyright infringement that came to the
contractor’s attention in connection
with performing a Government contract
(FAR 27.202–1 and 52.227–2).
The contractor is also required to
report all royalties anticipated or paid in
excess of $250 for the use of patented
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inventions by furnishing the name and
address of licensor, date of license
agreement, patent number, brief
description of item or component,
percentage or dollar rate of royalty per
unit, unit price of contract item, and
number of units (FAR 27.202–5, 52.227–
6, and 52.227–9).
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.
A notice was published in the Federal
Register at 78 FR 30304, on May 22,
2013.
B. Analysis of Public Comments
Two respondents submitted
comments on the extension of the
previsouly approved information
collection. The analysis of the public
comment is summarized as follows:
A. Approval To Extend This
Information Collection Requirement
Comment: One respondent
commented that the extension of the
information collection would violate the
fundamental purposes of the Paperwork
Reduction Act because the analysis
significantly underestimates the
paperwork burden imposed by this
requirement and has therefore not
provided sufficient justification for the
requested extension. The respondent
further stated that the agency and OMB
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By order of the Board of Governors of the
Federal Reserve System, October 31, 2013.
Robert deV. Frierson,
Secretary of the Board.
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices
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should assess the need to extend this
information collection requirement in
the context of assessing the total
information collection burden. The
respondent further commented that the
‘‘collective burden of compliance’’
required of the Government acquisition
community annually totals over 30
million hours. According to the
respondent, the collective burden
greatly exceeds the agency’s estimates
and outweighs any potential utility of
the extension.
Comment: A second respondent noted
that this extension should not be
granted unless it is a no cost extension
to the government. The burden is small
and understood prior to contract award.
Response: The criteria for extension of
an information collection requirement
must be based primarily on the need
and use for the required information. It
is essential for contractors to report
responsibility requirements, regardless
of the number of responses. If the
agencies have determined that the
information is essential to protect the
interests of the Government, then the
extension should be approved.
B. Accuracy of the Data Estimates
Comment: One respondent
commented that the agency did not
accurately estimate the public burden,
challenging that the agency’s
methodology for calculating the burden
is insufficient and inadequate and does
not reflect the total burden. The
respondent stated that—
• Thirty respondents responding just
once annually is grossly understated.
Under FAR 52.227–6, Royalty
Information, any response to a
solicitation containing costs or charges
for royalties totaling more than $250
triggers this information collection.
• The Agencies estimate the hours
per response of thirty minutes (.5 hours)
is inadequate. Each information
collection requirement effectively
imposes three separate requirements on
the public: (1) The need to monitor
whether reporting is required; (2) the
need to compile and collect the required
information; and (3) the need to disclose
that information to the Government.
Response: Based on data extrapolated
from the Federal Business Operations
Web site, and in consultation with
subject matter experts, the Councils
have increased the number of
respondents and the burden hour
estimates from 30 to 104 respondents
and from .5 hours to 1 hour, and
separated out the data. This reevaluation resulted in slightly upward
adjustment from the data previously
published in the Federal Register at 78
FR 30304, on May 22, 2013.
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C. Collective Burden of Compliance
Comment: One respondent objects to
the overall collective burden imposed
by the Government on all respondents.
Response: The Councils cannot
effectively address the broad allegations
with regard to the accuracy and utility
of the entire collective burden imposed
on all Federal acquisitions. The
Councils can only effectively address
each individual collection requirement
that is under consideration for OMB
approval. The Councils constantly
review information collection
requirements imposed by the FAR
regulations for ways to reduce the
burdens and still achieve the objectives
of the regulations, whether based on
policy or statute.
D. Agencies’ Estimated Burden Should
Be Increased
Comment: One respondent provided
that the Agency should reassess the
estimated total burden hours and revise
the estimate upwards to be more
accurate, as was done in FAR Case
2007–006.
Response: The Council takes serious
consideration, during the open
comment period, to all comments
received and will adjust the paperwork
burden estimate based on reasonable
considerations provided by the
respondents. This is evidenced, as the
respondent notes, in FAR Case 2007–
006 where an adjustment was made
from the total preparation hours from 3
to 60. This change was made
considering particularly the hours that
would be required for review within the
company, prior to release to the
Government. In this particular instance,
the burden was prepared using the
burden hours method taking into
consideration the time, effort and
financial resources put on the entity
submitting the information. This
includes reviewing instructions; using
technology to collect, process, and
disclose information; adjusting existing
practices to comply with requirements;
searching data sources; completing and
reviewing the response; and
transmitting or disclosing information.
The estimated hours must also be
viewed as an average between the hours
that a simple disclosure by a very small
business might require and the much
higher numbers that might be required
for a very complex disclosure by a major
corporation. Also, it must be noted that
the burden includes estimated hours
only for those actions which a company
would not undertake in the normal
course of business. In this instances, the
total burden hours were revised slightly
upwards.
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66741
C. Annual Reporting Burden
This information collection reflects a
slight adjustment from what was
published in the Federal Register at 78
FR 30304, on May 22, 2013, for the
number of respondents required to
comply with FAR 52.227–2, 52.227–6
and 52.227–9. This change is primarily
due to a re-evaluation based on
consultations with subject matter
experts and updated data retrieved from
the Federal Business Opportunities Web
site.
For FAR 52.227–2, data extrapolated
from the Federal Business Opportunties
Web site indicates that there were a total
of 18 solicitations. The Government
estimates that there are an additional 18
solicitations which were not accounted
for in Federal Business Opportunties. It
is further estimated that each
solicitation would result in
approximately two contract awards, or
72 (36 * 2) unique vendors. Of the 72
unique vendors, it is estimated that
approximately 30 percent or 20 unique
vendors would have claims of patent (or
copyright) infringement made against
them as a result of their contract work
requiring government notification. It is
estimated that there is an average of one
response per contract, resulting in
approximately 20 responses per year.
Two burden hours are estimated per
response to monitor claims of patent or
copyright infringement and prepare,
review, and submit the required
notification. It is estimated that this
work would be completed by a midlevel program manager and an attorney.
For FAR 52.227–6, data extrapolated
from the Federal Business Opportunties
Web site indicates that there were a total
of eight solicitations. The Government
estimates that there are an additional 12
solicitations which were not accounted
for in Federal Business Opportunties,
totaling 20. It is further estimated that
each solicitation would result in
approximately two contract awards, or
40 (20 * 2) unique vendors, required to
submit royalty information with their
proposal. Of the 40 unique vendors, it
is estimated that approximately 10
percent or four unique vendors would
be required to submit additional
information prior to contract award. It is
estimated that there is an average of one
response per solicitation, resulting in
approximately 44 responses per year.
One burden hours is estimated per
response to disclose the requested
information in the proposal including
such items as the amount of royalty
paid, the patent numbers and a brief
description of the component on which
the royalty is paid, and to submit the
required notification. It is estimated that
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices
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one hour is needed to provide a copy of
the current license agreement and redact
any proprietary data, and to submit it to
the government. It is estimated that this
work would be completed by a midlevel program manager.
For FAR 52.227–9, data extrapolated
from Federal Business Opportunties
Web site indicates that there was a total
of one solicitation. The Government
estimates that there are an additional
nine solicitations which were not
accounted for in Federal Business
Opportunties, totaling 10. It is further
estimated that each solicitation would
result in approximately one contract
award, or 10 unique vendors. It is also
estimated that each contract will have
three subcontractors, for a total of 30
unique subcontractor vendors. Of the 40
(10 + 30) unique vendors, it is estimated
that approximately 100 percent or 40
unique vendors would be required to
submit a statement of royalties paid. It
is estimated that there is an average of
one response per solicitation, resulting
in approximately 40 responses per year.
0.5 burden hours are estimated per
response to submit a statement of
royalties paid or required to be paid by
the contract.
a. FAR 52.227–2:
Number of Respondents: 20.
Responses per Respondent: 1.
Total Responses: 20.
Average Burden Hours per
Response: 2.
Total Burden Hours: 40.
b. FAR 52.227–6:
Number of Respondents: 44.
Responses per Respondent: 1.
Total Responses: 44.
Average Burden Hours per
Response: 1.
Total Burden Hours: 44.
c. FAR 52.227–9:
Number of Respondents: 40.
Responses per Respondent: 1.
Total Responses: 40.
Average Burden Hours per
Response: .5.
Total Burden Hours: 20.
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., Washington, DC 20405,
telephone 202–501–4755. Please cite
OMB Control No. 9000–0096, Patents, in
all correspondence.
Dated: October 31, 2013.
Karlos Morgan, Sr.,
Acting Director, Federal Acquisition Policy
Division, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2013–26578 Filed 11–5–13; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–P–0631]
Determination That MOBAN
(Molindone Hydrochloride) Tablets (5
Milligrams, 10 Milligrams, 25
Milligrams, 50 Milligrams, and 100
Milligrams) and Capsules (5
Milligrams, 10 Milligrams, and 25
Milligrams) Were Not Withdrawn From
Sale for Reasons of Safety or
Effectiveness
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) has determined
that MOBAN (molindone hydrochloride
(HCl)) tablets (5 milligrams (mg), 10 mg,
25 mg, 50 mg, and 100 mg) and capsules
(5 mg, 10 mg, and 25 mg) were not
withdrawn from sale for reasons of
safety or effectiveness. This
determination will allow FDA to
approve abbreviated new drug
applications (ANDAs) for MOBAN
(molindone HCl) tablets (5 mg, 10 mg,
25 mg, 50 mg, and 100 mg) and capsules
(5 mg, 10 mg, and 25 mg) if all other
legal and regulatory requirements are
met.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Helms Williams, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6217,
Silver Spring, MD 20993–0002, 301–
796–3381.
SUPPLEMENTARY INFORMATION: In 1984,
Congress enacted the Drug Price
Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98–417)
(the 1984 amendments), which
authorized the approval of duplicate
versions of drug products under an
ANDA procedure. ANDA applicants
must, with certain exceptions, show that
the drug for which they are seeking
approval contains the same active
ingredient in the same strength and
dosage form as the ‘‘listed drug,’’ which
is a version of the drug that was
previously approved. ANDA applicants
do not have to repeat the extensive
clinical testing otherwise necessary to
gain approval of a new drug application
(NDA).
The 1984 amendments include what
is now section 505(j)(7) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(7)), which requires FDA to
publish a list of all approved drugs.
FDA publishes this list as part of the
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‘‘Approved Drug Products With
Therapeutic Equivalence Evaluations,’’
which is known generally as the
‘‘Orange Book.’’ Under FDA regulations,
drugs are removed from the list if the
Agency withdraws or suspends
approval of the drug’s NDA or ANDA
for reasons of safety or effectiveness or
if FDA determines that the listed drug
was withdrawn from sale for reasons of
safety or effectiveness (21 CFR 314.162).
A person may petition the Agency to
determine, or the Agency may
determine on its own initiative, whether
a listed drug was withdrawn from sale
for reasons of safety or effectiveness.
This determination may be made at any
time after the drug has been withdrawn
from sale, but must be made prior to
approving an ANDA that refers to the
listed drug (21 CFR 314.161). FDA may
not approve an ANDA that does not
refer to a listed drug.
MOBAN (molindone HCl) tablets (5
mg, 10 mg, 25 mg, 50 mg, and 100 mg)
and capsules (5 mg, 10 mg, and 25 mg)
are the subject of NDA 017111, held by
Endo Pharmaceuticals, and initially
approved on January 18, 1974. MOBAN
(molindone HCl) tablets (5 mg, 10 mg,
25 mg, 50 mg, and 100 mg) and capsules
(5 mg, 10 mg, and 25 mg) are indicated
for the management of schizophrenia.
MOBAN (molindone HCl) tablets (5 mg,
10 mg, 25 mg, 50 mg, and 100 mg) and
capsules (5 mg, 10 mg, and 25 mg) are
currently listed in the ‘‘Discontinued
Drug Product List’’ section of the Orange
Book.
CorePharma, LLC, submitted a citizen
petition dated May 22, 2013 (Docket No.
FDA–2013–P–0631), under 21 CFR
10.30, requesting that the Agency
determine whether MOBAN (molindone
HCl) tablets (5 mg, 10 mg, 25 mg, 50 mg,
and 100 mg) were withdrawn from sale
for reasons of safety or effectiveness.
Although the citizen petition did not
address MOBAN (molindone HCl)
capsules (5 mg, 10 mg, and 25 mg), that
dosage form has also been discontinued,
and on our own initiative, we have also
determined that MOBAN (molindone
HCl) capsules (5 mg, 10 mg, and 25 mg)
were not withdrawn for safety or
effectiveness reasons.
After considering the citizen petition
and reviewing Agency records and
based on the information we have at this
time, FDA has determined under
§ 314.161 that MOBAN (molindone HCl)
tablets (5 mg, 10 mg, 25 mg, 50 mg, and
100 mg) and capsules (5 mg, 10 mg, and
25 mg) were not withdrawn for reasons
of safety or effectiveness. The petitioner
has identified no data or other
information suggesting that MOBAN
(molindone HCl) tablets (5 mg, 10 mg,
25 mg, 50 mg, and 100 mg) and capsules
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]]>Agencies
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66740-66742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26578]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0096; Docket No. 2013-0077; Sequence No. 10]
Federal Acquisition Regulation; Submission for OMB Review;
Patents
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for comments regarding an extension to an
existing OMB clearance.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Paperwork Reduction Act, 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
patents.
DATES: Submit comments on or before December 6, 2013.
ADDRESSES: Submit comments identified by Information Collection 9000-
0096, Patents, by any of the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching for
``9000-0096; Patents''. Select the link ``Submit a Comment'' that
corresponds with ``Information Collection 9000-0096, Patents''. Follow
the instructions provided at the ``Submit a Comment'' screen. Please
include your name, company name (if any), and ``Information Collection
9000-0096, Patents'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), IC 9000-0096, 1800 F Street NW., 2nd
Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite Information
Collection 9000-0096, Patents, in all correspondence related to this
collection. Submit comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB,
Washington, DC 20503. All comments received will be posted without
change to https://www.regulations.gov, including any personal and/or
business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Marissa Petrusek, Procurement
Analyst, at 202-501-0136. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.
SUPPLEMENTARY INFORMATION:
A. Purpose
The patent coverage in Federal Acquisition Regulation (FAR) subpart
27.2 requires the contractor to report each notice of a claim of patent
or copyright infringement that came to the contractor's attention in
connection with performing a Government contract (FAR 27.202-1 and
52.227-2).
The contractor is also required to report all royalties anticipated
or paid in excess of $250 for the use of patented inventions by
furnishing the name and address of licensor, date of license agreement,
patent number, brief description of item or component, percentage or
dollar rate of royalty per unit, unit price of contract item, and
number of units (FAR 27.202-5, 52.227-6, and 52.227-9).
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.
A notice was published in the Federal Register at 78 FR 30304, on
May 22, 2013.
B. Analysis of Public Comments
Two respondents submitted comments on the extension of the
previsouly approved information collection. The analysis of the public
comment is summarized as follows:
A. Approval To Extend This Information Collection Requirement
Comment: One respondent commented that the extension of the
information collection would violate the fundamental purposes of the
Paperwork Reduction Act because the analysis significantly
underestimates the paperwork burden imposed by this requirement and has
therefore not provided sufficient justification for the requested
extension. The respondent further stated that the agency and OMB
[[Page 66741]]
should assess the need to extend this information collection
requirement in the context of assessing the total information
collection burden. The respondent further commented that the
``collective burden of compliance'' required of the Government
acquisition community annually totals over 30 million hours. According
to the respondent, the collective burden greatly exceeds the agency's
estimates and outweighs any potential utility of the extension.
Comment: A second respondent noted that this extension should not
be granted unless it is a no cost extension to the government. The
burden is small and understood prior to contract award.
Response: The criteria for extension of an information collection
requirement must be based primarily on the need and use for the
required information. It is essential for contractors to report
responsibility requirements, regardless of the number of responses. If
the agencies have determined that the information is essential to
protect the interests of the Government, then the extension should be
approved.
B. Accuracy of the Data Estimates
Comment: One respondent commented that the agency did not
accurately estimate the public burden, challenging that the agency's
methodology for calculating the burden is insufficient and inadequate
and does not reflect the total burden. The respondent stated that--
Thirty respondents responding just once annually is
grossly understated. Under FAR 52.227-6, Royalty Information, any
response to a solicitation containing costs or charges for royalties
totaling more than $250 triggers this information collection.
The Agencies estimate the hours per response of thirty
minutes (.5 hours) is inadequate. Each information collection
requirement effectively imposes three separate requirements on the
public: (1) The need to monitor whether reporting is required; (2) the
need to compile and collect the required information; and (3) the need
to disclose that information to the Government.
Response: Based on data extrapolated from the Federal Business
Operations Web site, and in consultation with subject matter experts,
the Councils have increased the number of respondents and the burden
hour estimates from 30 to 104 respondents and from .5 hours to 1 hour,
and separated out the data. This re-evaluation resulted in slightly
upward adjustment from the data previously published in the Federal
Register at 78 FR 30304, on May 22, 2013.
C. Collective Burden of Compliance
Comment: One respondent objects to the overall collective burden
imposed by the Government on all respondents.
Response: The Councils cannot effectively address the broad
allegations with regard to the accuracy and utility of the entire
collective burden imposed on all Federal acquisitions. The Councils can
only effectively address each individual collection requirement that is
under consideration for OMB approval. The Councils constantly review
information collection requirements imposed by the FAR regulations for
ways to reduce the burdens and still achieve the objectives of the
regulations, whether based on policy or statute.
D. Agencies' Estimated Burden Should Be Increased
Comment: One respondent provided that the Agency should reassess
the estimated total burden hours and revise the estimate upwards to be
more accurate, as was done in FAR Case 2007-006.
Response: The Council takes serious consideration, during the open
comment period, to all comments received and will adjust the paperwork
burden estimate based on reasonable considerations provided by the
respondents. This is evidenced, as the respondent notes, in FAR Case
2007-006 where an adjustment was made from the total preparation hours
from 3 to 60. This change was made considering particularly the hours
that would be required for review within the company, prior to release
to the Government. In this particular instance, the burden was prepared
using the burden hours method taking into consideration the time,
effort and financial resources put on the entity submitting the
information. This includes reviewing instructions; using technology to
collect, process, and disclose information; adjusting existing
practices to comply with requirements; searching data sources;
completing and reviewing the response; and transmitting or disclosing
information. The estimated hours must also be viewed as an average
between the hours that a simple disclosure by a very small business
might require and the much higher numbers that might be required for a
very complex disclosure by a major corporation. Also, it must be noted
that the burden includes estimated hours only for those actions which a
company would not undertake in the normal course of business. In this
instances, the total burden hours were revised slightly upwards.
C. Annual Reporting Burden
This information collection reflects a slight adjustment from what
was published in the Federal Register at 78 FR 30304, on May 22, 2013,
for the number of respondents required to comply with FAR 52.227-2,
52.227-6 and 52.227-9. This change is primarily due to a re-evaluation
based on consultations with subject matter experts and updated data
retrieved from the Federal Business Opportunities Web site.
For FAR 52.227-2, data extrapolated from the Federal Business
Opportunties Web site indicates that there were a total of 18
solicitations. The Government estimates that there are an additional 18
solicitations which were not accounted for in Federal Business
Opportunties. It is further estimated that each solicitation would
result in approximately two contract awards, or 72 (36 * 2) unique
vendors. Of the 72 unique vendors, it is estimated that approximately
30 percent or 20 unique vendors would have claims of patent (or
copyright) infringement made against them as a result of their contract
work requiring government notification. It is estimated that there is
an average of one response per contract, resulting in approximately 20
responses per year. Two burden hours are estimated per response to
monitor claims of patent or copyright infringement and prepare, review,
and submit the required notification. It is estimated that this work
would be completed by a mid-level program manager and an attorney.
For FAR 52.227-6, data extrapolated from the Federal Business
Opportunties Web site indicates that there were a total of eight
solicitations. The Government estimates that there are an additional 12
solicitations which were not accounted for in Federal Business
Opportunties, totaling 20. It is further estimated that each
solicitation would result in approximately two contract awards, or 40
(20 * 2) unique vendors, required to submit royalty information with
their proposal. Of the 40 unique vendors, it is estimated that
approximately 10 percent or four unique vendors would be required to
submit additional information prior to contract award. It is estimated
that there is an average of one response per solicitation, resulting in
approximately 44 responses per year. One burden hours is estimated per
response to disclose the requested information in the proposal
including such items as the amount of royalty paid, the patent numbers
and a brief description of the component on which the royalty is paid,
and to submit the required notification. It is estimated that
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one hour is needed to provide a copy of the current license agreement
and redact any proprietary data, and to submit it to the government. It
is estimated that this work would be completed by a mid-level program
manager.
For FAR 52.227-9, data extrapolated from Federal Business
Opportunties Web site indicates that there was a total of one
solicitation. The Government estimates that there are an additional
nine solicitations which were not accounted for in Federal Business
Opportunties, totaling 10. It is further estimated that each
solicitation would result in approximately one contract award, or 10
unique vendors. It is also estimated that each contract will have three
subcontractors, for a total of 30 unique subcontractor vendors. Of the
40 (10 + 30) unique vendors, it is estimated that approximately 100
percent or 40 unique vendors would be required to submit a statement of
royalties paid. It is estimated that there is an average of one
response per solicitation, resulting in approximately 40 responses per
year. 0.5 burden hours are estimated per response to submit a statement
of royalties paid or required to be paid by the contract.
a. FAR 52.227-2:
Number of Respondents: 20.
Responses per Respondent: 1.
Total Responses: 20.
Average Burden Hours per Response: 2.
Total Burden Hours: 40.
b. FAR 52.227-6:
Number of Respondents: 44.
Responses per Respondent: 1.
Total Responses: 44.
Average Burden Hours per Response: 1.
Total Burden Hours: 44.
c. FAR 52.227-9:
Number of Respondents: 40.
Responses per Respondent: 1.
Total Responses: 40.
Average Burden Hours per Response: .5.
Total Burden Hours: 20.
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.,
Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control
No. 9000-0096, Patents, in all correspondence.
Dated: October 31, 2013.
Karlos Morgan, Sr.,
Acting Director, Federal Acquisition Policy Division, Office of
Government-wide Acquisition Policy, Office of Acquisition Policy,
Office of Government-wide Policy.
[FR Doc. 2013-26578 Filed 11-5-13; 8:45 am]
BILLING CODE 6820-EP-P
