Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704-0369), 54680-54681 [2022-19283]
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54680
Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
alex.esd.mbx.dd-dod-informationcollections@mail.mil.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2022–19285 Filed 9–6–22; 8:45 am]
BILLING CODE 5001–06–P
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)
Defense Acquisition
Regulations System; Department of
Defense (DoD).
AGENCY:
Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
ACTION:
In compliance with the
Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a
public information collection
requirement and seeks public comment
on the provisions thereof. DoD invites
comments on: 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;
the accuracy of the estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and 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 for use under Control Number
0704–0369 through December 31, 2022.
DoD proposes that OMB approve an
extension of the information collection
requirement, to expire three years after
the approval date.
SUMMARY:
DoD will consider all comments
received by November 7, 2022.
lotter on DSK11XQN23PROD with NOTICES1
DATES:
You may submit comments,
identified by OMB Control Number
0704–0369, using any of the following
methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
ADDRESSES:
VerDate Sep<11>2014
17:50 Sep 06, 2022
Jkt 256001
Æ Email: osd.dfars@mail.mil. Include
OMB Control Number 0704–0369 in the
subject line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
David Johnson, at 202–913–5764.
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;
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 development; 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.
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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 GovernmentFurnished Information Marked with
Restrictive Legends, requires a
contractor or subcontractor to submit a
use and nondisclosure 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 nondisclosure
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 nondisclosure 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 party’s
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
E:\FR\FM\07SEN1.SGM
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
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.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2022–19283 Filed 9–6–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF ENERGY
Request for Information on Grid
Resilience and Innovation
Partnerships Program
Grid Deployment Office, U.S.
Department of Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (DOE or the Department) invites
public comment on its request for
information (RFI) on DOE’s
implementation strategy for the Grid
Resilience and Innovation Partnerships
(GRIP) program, including on the
competitive solicitation process, draft
funding opportunity announcement
(FOA) language, prioritization of topics
and projects, and selection criteria.
DATES: Responses to the RFI must be
received by no later than 5 p.m. EDT on
October 14, 2022.
ADDRESSES: Interested parties are to
submit questions, comments, and
responses to the Department’s RFI to the
following email address: GDORFI@
hq.doe.gov. Include ‘‘Grid Resilience
and Innovation Partnerships Program’’
in the subject line of the email.
Responses must be provided as a
Microsoft Word (.docx) or PDF
attachment to the email, and no more
than 20 pages in length, 12-point font,
1-inch margins. It is recommended that
attachments with file sizes exceeding
25MB be compressed (i.e., zipped) to
ensure message delivery. Only
electronic responses will be accepted.
For ease of replying and to aid
categorization of your responses, please
copy and paste the RFI questions,
including the question numbering, and
use them as a template for your
response. Respondents may answer as
many or as few questions as they wish.
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SUMMARY:
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17:50 Sep 06, 2022
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The Grid Resilience and Innovation
Partnerships (GRIP) program RFI is
available at: https://
www.fedconnect.net/fedconnect/
?doc=DE-FOA-0002827&agency=DOE.
The Draft Funding Opportunity
Announcement (FOA) for FY22 and
FY23 GRIP funding is available at:
https://www.fedconnect.net/fedconnect/
?doc=DE-FOA-0002740&agency=DOE.
FOR FURTHER INFORMATION CONTACT:
Please contact: Dylan Reed, (202) 586–
3185, GDORFI@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The
Infrastructure Investment and Jobs Act
(IIJA) (Pub. L. 117–58) approximately
$10.5 billion for the five-year period
encompassing FY22 through FY26, to
prevent outages and enhance the
resilience of the electric grid, deploy
technologies to enhance grid flexibility,
and to demonstrate innovative
approaches to power sector
infrastructure resilience and reliability.
Together, DOE refers to these programs
as the GRIP program.
The purpose of this RFI is to solicit
feedback from industry, academia,
research laboratories, government
agencies, State and local officials, labor
unions, Tribes, community-based
organizations (CBOs), and other
stakeholders on issues related to the
GRIP program.
To help inform DOE’s implementation
of the IIJA provisions referenced
previously, this RFI seeks input on the
following categories:
1. DOE’s implementation strategy and
approach for the GRIP program, both
overall and for each of the individual
topic areas.
2. DOE’s approach to Community
Benefits including engagement, quality
jobs, Diversity, Equity, Inclusion and
Accessibility (DEIA), and Justice40.
3. Build America, Buy America
requirements.
This is solely a request for
information and is not a funding
opportunity announcement. DOE is not
accepting applications at this time and
will not reimburse any of respondents’
costs in preparing a response.
The complete GRIP program RFI can
be found at: https://
www.fedconnect.net/fedconnect/
?doc=DE-FOA-0002827&agency=DOE.
The Draft FOA for FY22 and FY23
GRIP Funding can be found at: https://
www.fedconnect.net/fedconnect/
?doc=DE-FOA-0002740&agency=DOE.
Proprietary Information
Because information received in
response to this RFI may be used to
structure future programs and formula
grant allocations and/or otherwise be
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54681
made available to the public,
respondents are strongly advised NOT
to include any information in their
responses that might be considered
business sensitive, proprietary, or
otherwise confidential. If, however, a
respondent chooses to submit business
sensitive, proprietary, or otherwise
confidential information, it must be
clearly and conspicuously marked as
such in the response. Responses
containing confidential, proprietary, or
privileged information must be
conspicuously marked as described
below. Failure to comply with these
marking requirements may result in the
disclosure of the unmarked information
under the Freedom of Information Act
or otherwise. The U.S. Federal
Government is not liable for the
disclosure or use of unmarked
information and may use or disclose
such information for any purpose.
Confidential, Commercial, and
Financial Information. Consistent with
10 CFR 1004.11, DOE requires that any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email two wellmarked copies: One copy of the
document marked ‘‘Confidential
Commercial and Financial Information’’
including all the information believed to
be confidential, and one copy of the
document marked ‘‘non-confidential’’
with the information believed to be
confidential deleted. DOE will make its
own determination about the
confidential status of the information
and treat it according to its
determination. The copy containing
confidential commercial and financial
information must include a cover sheet
marked as follows identifying the
specific pages containing confidential,
proprietary, or privileged information:
‘‘Notice of Restriction on Disclosure and
Use of Data: Pages [list applicable pages]
of this response may contain
confidential, commercial, or financial
information that is exempt from public
disclosure.’’ The Government may use
or disclose any information that is not
appropriately marked or otherwise
restricted, regardless of source. In
addition, (1) the header and footer of
every page that contains confidential,
proprietary, or privileged information
must be marked as follows: ‘‘Contains
Confidential, Commercial, or Financial
Information Exempt from Public
Disclosure’’ and (2) every line and
paragraph containing proprietary,
privileged, or trade secret information
must be clearly marked with [[double
brackets]] or highlighting.
E:\FR\FM\07SEN1.SGM
07SEN1
]]>Agencies
[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54680-54681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19283]
-----------------------------------------------------------------------
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 and request for comments regarding a proposed extension
of an approved information collection requirement.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a public information collection
requirement and seeks public comment on the provisions thereof. DoD
invites comments on: 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; the accuracy of
the estimate of the burden of the proposed information collection; ways
to enhance the quality, utility, and clarity of the information to be
collected; and 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
for use under Control Number 0704-0369 through December 31, 2022. DoD
proposes that OMB approve an extension of the information collection
requirement, to expire three years after the approval date.
DATES: DoD will consider all comments received by November 7, 2022.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0369, using any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] Email: [email protected]. Include OMB Control Number 0704-
0369 in the subject line of the message.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. David Johnson, at 202-913-5764.
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; 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 development; 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 nondisclosure 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 nondisclosure
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 nondisclosure 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 party's 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
[[Page 54681]]
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.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2022-19283 Filed 9-6-22; 8:45 am]
BILLING CODE 5001-06-P
