Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; DoD Pilot Mentor-Protege Program, 40289-40290 [2016-14619]
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Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
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.
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.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Number of Respondents: 75,250.
Responses per Respondent: About 13.
Annual Responses: 959,602.
Average Burden per Response: About
1 hour.
Annual Response Burden Hours:
904,574 hours.
Annual Recordkeeping Burden Hours:
90,600 hours.
Total Annual Burden Hours: 995,174
hours.
Frequency: On occasion.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Summary of Information Collection
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
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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 GovernmentFurnished 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
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 GovernmentFurnished 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
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40289
or computer software that the
Government already owns.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2016–14634 Filed 6–20–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2016–0024; (OMB
Control Number 0704–0332)]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; DoD Pilot
Mentor-Protege Program
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
AGENCY:
In compliance with section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), DoD announces the
proposed extension of a public
information collection requirement and
seeks public comment on the provisions
thereof. DoD invites comments on: (a)
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; (b) the accuracy of
the estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) 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 under Control Number 0704–
0332 for use through September 30,
2016. DoD proposes that OMB extend its
approval for use for three additional
years beyond the current expiration
date.
DATES: DoD will consider all comments
received by August 22, 2016.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0332, using any of the following
methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
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40290
Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
Æ Email: dfars@mail.mil. Include
OMB Control Number 0704–0225 in the
subject line of the message.
Æ Fax: (571) 372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
Johnson, OUSD(AT&L)DPAP/DARS,
Rm. 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer Johnson, at (571) 372–6100. The
information collection requirements
addressed in this notice are available on
the World Wide Web at: https://
www.acq.osd.mil/dpap/dars/dfarspgi/
current/. Paper copies are
available from Ms. Jennifer Johnson,
OUSD (AT&L) DPAP (DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
SUPPLEMENTARY INFORMATION:
Title, Associated Form, and OMB
Number: Defense Federal Acquisition
Regulation Supplement (DFARS)
Appendix I, DoD Pilot Mentor-Protege
Program; OMB Control Number 0704–
0332.
Needs and Uses: DoD needs this
information to ensure that participants
in the Mentor-Protege Program (‘‘the
Program’’) are fulfilling their obligations
under the mentor-protege agreements
and that the Government is receiving
value for the benefits it provides
through the Program. DoD uses the
information as source data for reports to
Congress required by section 811(d) of
the National Defense Authorization Act
for Fiscal Year 2000 (Pub. L. 106–65).
Participation in the Program is
voluntary.
Affected Public: Businesses and other
for-profit entities and not-for-profit
institutions.
Number of Respondents: 112.
Responses per Respondent: 1.97.
Annual Responses: 240.
Average Burden per Response:
Approximately 1.0 hour.
Annual Response Burden Hours: 240.
Reporting Frequency: Two times per
year for mentor firms; one time per year
for protege firms.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Summary of Information Collection
DFARS Appendix I, section I–
112.2(a)–(d), requires mentor firms to
report on the progress made under
active mentor-protege agreements
semiannually for the periods ending
March 31 and September 30. The
September 30 report must address the
entire fiscal year. Reports must include
the following:
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(1) Data on performance under the
mentor-protege agreement, including
dollars obligated, expenditures,
subcontracts awarded to the protege
firm, developmental assistance
provided, impact and progress of the
agreement.
(2) A copy of the Individual
Subcontracting Report (ISR) or SF 294
and Summary Subcontracting Report
(SSR) for each contract where
developmental assistance was credited
to subcontracting goals.
Section I–112.2(e) requires protege
firms to submit reports on an annual
basis. Reports must include progress
made by the protege firm in
employment, revenues, and
participation in DoD contracts during
each fiscal year of the Program
participation term and each of the two
fiscal years following the expiration of
the Program participation term. During
the Program participation term, the
protege firms may provide this data to
the mentor firm for inclusion in the
mentor report required by I–112(a)–(d)
for the period ending September 30.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2016–14619 Filed 6–20–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Government-Industry Advisory Panel;
Request for Information on Rights in
Technical Data and the Validation of
Proprietary Data Restrictions
Department of Defense.
ACTION: Notice.
AGENCY:
The Government-Industry
Advisory Panel, a Department of
Defense (DoD) advisory committee
established in accordance with the
Federal Advisory Committee Act
(FACA), is seeking information to
facilitate a review of sections 2320 and
2321 of Title 10 of the United States
Code (U.S.C.), regarding rights in
technical data and the validation of
proprietary data restrictions.
DATES: Submit written comments to the
address shown in the ADDRESSES section
on or before July 21, 2016.
ADDRESSES: Submit comments to Office
of the Assistant Secretary of Defense
(Acquisition), ATTN: LTC Andrew
Lunoff/Designated Federal Officer
(DFO), 3090 Defense Pentagon,
Washington, DC 20301–3090; or by
email to andrew.s.lunoff.mil@mail.mil.
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
LTC
Andrew Lunoff, Office of the Assistant
Secretary of Defense (Acquisition), 3090
Defense Pentagon, Washington, DC
20301–3090; email:
andrew.s.lunoff.mil@mail.mil; phone:
571–256–9004.
SUPPLEMENTARY INFORMATION: Section
813 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2016 required DoD to
establish the Government-Industry
Advisory Panel for the purpose of
reviewing 10 U.S.C. 2320 and 2321,
regarding rights in technical data and
the validation of proprietary data
restrictions, and the regulations
implementing such sections, for the
purpose of ensuring that such statutory
and regulatory requirements are best
structured to serve the interests of the
taxpayers and the national defense. The
advisory panel is to give appropriate
consideration to the following: (1)
Ensuring that DoD does not pay more
than once for the same work; (2)
ensuring that the DoD contractors are
appropriately rewarded for their
innovation and invention; (3) providing
for cost-effective re-procurement,
sustainment, modification, and
upgrades to the DoD systems; (4)
encouraging the private sector to invest
in new products, technologies, and
processes relevant to the missions of the
DoD; and (5) ensuring that the DoD has
appropriate access to innovative
products, technologies, and processes
developed by the private sector for
commercial use.
The regulatory implementation of 10
U.S.C. 2320 and 2321 are in the Defense
Federal Acquisition Regulation
Supplement (DFARS) at subpart 227.71,
covering both commercial and
noncommercial technical data. This
regulatory scheme is also adapted to
cover computer software in DFARS
subpart 227.72, where nearly all
elements of the technical data scheme
are applied to noncommercial computer
software, but not to commercial
computer software. Thus, although the
statutory sections apply only to
technical data, the regulatory
implementation has historically also
affected how DoD acquires and manages
computer software and, therefore, is
another factor to be considered. In
addition, a significant streamlining and
integration of these DFARS subparts
was published for public comment in
2010 entitled ‘‘Patent, Data, and
Copyrights (DFARS case 2010–D001)’’
(see 75 FR 59411); the key elements of
that proposed revision of regulatory
scheme, and the public comments
received in response to that proposed
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40289-40290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14619]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2016-0024; (OMB Control Number 0704-0332)]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; DoD Pilot Mentor-Protege Program
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.
-----------------------------------------------------------------------
SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the
proposed extension of a public information collection requirement and
seeks public comment on the provisions thereof. DoD invites comments
on: (a) 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; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) 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
under Control Number 0704-0332 for use through September 30, 2016. DoD
proposes that OMB extend its approval for use for three additional
years beyond the current expiration date.
DATES: DoD will consider all comments received by August 22, 2016.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0332, using any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[[Page 40290]]
[cir] Email: dfars@mail.mil. Include OMB Control Number 0704-0225
in the subject line of the message.
[cir] Fax: (571) 372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Jennifer Johnson, OUSD(AT&L)DPAP/DARS, Rm. 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, at (571) 372-
6100. The information collection requirements addressed in this notice
are available on the World Wide Web at: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/. Paper copies are available from Ms.
Jennifer Johnson, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
SUPPLEMENTARY INFORMATION:
Title, Associated Form, and OMB Number: Defense Federal Acquisition
Regulation Supplement (DFARS) Appendix I, DoD Pilot Mentor-Protege
Program; OMB Control Number 0704-0332.
Needs and Uses: DoD needs this information to ensure that
participants in the Mentor-Protege Program (``the Program'') are
fulfilling their obligations under the mentor-protege agreements and
that the Government is receiving value for the benefits it provides
through the Program. DoD uses the information as source data for
reports to Congress required by section 811(d) of the National Defense
Authorization Act for Fiscal Year 2000 (Pub. L. 106-65). Participation
in the Program is voluntary.
Affected Public: Businesses and other for-profit entities and not-
for-profit institutions.
Number of Respondents: 112.
Responses per Respondent: 1.97.
Annual Responses: 240.
Average Burden per Response: Approximately 1.0 hour.
Annual Response Burden Hours: 240.
Reporting Frequency: Two times per year for mentor firms; one time
per year for protege firms.
Summary of Information Collection
DFARS Appendix I, section I-112.2(a)-(d), requires mentor firms to
report on the progress made under active mentor-protege agreements
semiannually for the periods ending March 31 and September 30. The
September 30 report must address the entire fiscal year. Reports must
include the following:
(1) Data on performance under the mentor-protege agreement,
including dollars obligated, expenditures, subcontracts awarded to the
protege firm, developmental assistance provided, impact and progress of
the agreement.
(2) A copy of the Individual Subcontracting Report (ISR) or SF 294
and Summary Subcontracting Report (SSR) for each contract where
developmental assistance was credited to subcontracting goals.
Section I-112.2(e) requires protege firms to submit reports on an
annual basis. Reports must include progress made by the protege firm in
employment, revenues, and participation in DoD contracts during each
fiscal year of the Program participation term and each of the two
fiscal years following the expiration of the Program participation
term. During the Program participation term, the protege firms may
provide this data to the mentor firm for inclusion in the mentor report
required by I-112(a)-(d) for the period ending September 30.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-14619 Filed 6-20-16; 8:45 am]
BILLING CODE 5001-06-P
