Submission for OMB Review; Federal Acquisition Regulation Part 27 Requirements, 78965-78967 [2022-27999]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
Current actions: On September 13,
2022, the Board published a notice in
the Federal Register (87 FR 56053)
requesting public comment for 60 days
on the extension, with revision, of the
FR 3054. The Board proposed to
increase the estimated respondents for
the FR 3054b from 300 to 500, increase
the estimated frequency for the FR
3054d from four times a year to five
times a year, and increase the estimated
frequency from five times a year to ten
times a year and decrease the estimated
number of respondents from 500 to 250
for the FR 3054e. The increase in the
frequency of surveys allows the Federal
Reserve System flexibility to respond to
diverse needs for data by surveying
groups of respondents multiple times
throughout a year. Increasing the
number of estimated respondents of the
FR 3054b will help ensure statistical
significance of the sample pool and
decreasing the estimated number of
respondents while increasing the
frequency of the FR 3054e will facilitate
more survey agility. Additionally, the
FR 3054c has not changed since 2018
and no changes are anticipated during
the current clearance cycle. The FR
3054c is therefore being transitioned
from an ad hoc to an established
collection.
The comment period for this notice
expired on November 14, 2022. The
Board did not receive any comments
relevant to this information collection.
Board of Governors of the Federal Reserve
System, December 19, 2022.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2022–27919 Filed 12–22–22; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
B. Need and Uses
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
TKELLEY on DSK125TN23PROD with NOTICE
AGENCY:
estimates, can be found in the OMB Supporting
Statement posted at https://www.federalreserve.gov/
apps/reportingforms/home/review. On the page
displayed at the link, you can find the OMB
Supporting Statement by referencing the collection
identifier, FR 3054.
Jkt 259001
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
termination settlement proposal forms
(SFs 1435–1440).
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. 9000–0012,
Termination Settlement Proposal Forms
(SFs 1435–1440). 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
GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
9000–0012, Termination Settlement
Proposal Forms (SFs 1435–1440).
Submission for OMB Review;
Termination Settlement Proposal
Forms (SFs 1435–1440)
20:36 Dec 22, 2022
Notice.
A. OMB Control Number, Title, and
Any Associated Form(s)
[OMB Control No. 9000–0012; Docket No.
2022–0053; Sequence No. 20]
VerDate Sep<11>2014
ACTION:
This clearance covers the information
that contractors must submit to comply
with the following Federal Acquisition
Regulation requirements:
Standard Forms (SFs) 1435 through
1440. These termination settlement
proposal forms are used by all Executive
agencies, including DoD, for settling
terminated prime contracts and
subcontracts per FAR subpart 49.6,
PO 00000
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Fmt 4703
Sfmt 4703
78965
Contract Termination Forms and
Formats. The forms provide a
standardized format for listing essential
cost and inventory information needed
to support the terminated contractor’s
negotiated position.
The contracting officer uses the
collected information to determine or
support reimbursement costs upon
settlement of a terminated contract.
C. Annual Burden
Respondents: 4,862.
Total Annual Responses: 38,059.
Total Burden Hours: 91,342.
D. Public Comment
A 60-day notice was published in the
Federal Register at 87 FR 63072, 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
GSARegSec@gsa.gov. Please cite OMB
Control No. 9000–0012, Termination
Settlement Proposal Forms (SFs 1435–
1440).
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022–27998 Filed 12–22–22; 8:45 am]
BILLING CODE 6820–EP–P
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
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
AGENCY:
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.
SUMMARY:
E:\FR\FM\23DEN1.SGM
23DEN1
78966
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
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
GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0095, Federal Acquisition
Regulation Part 27 Requirements.
TKELLEY on DSK125TN23PROD with NOTICE
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.
VerDate Sep<11>2014
20:36 Dec 22, 2022
Jkt 259001
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.
PO 00000
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Fmt 4703
Sfmt 4703
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,
E:\FR\FM\23DEN1.SGM
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TKELLEY on DSK125TN23PROD with NOTICE
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
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 DataSpecial 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
VerDate Sep<11>2014
20:36 Dec 22, 2022
Jkt 259001
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 DataExisting 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.
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78967
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
GSARegSec@gsa.gov. 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
GENERAL SERVICES
ADMINISTRATION
[Notice BSC–RPM–2022–02; Docket No.
BSC–RPM–2022–0004; Sequence 1]
Business Standards Council Review of
Real Property Management Federal
Integrated Business Framework Draft
Business Data Elements: Request for
Public Comment
Office of Government-wide
Policy; General Services
Administration, (GSA).
ACTION: Request for public comment.
AGENCY:
This notice informs the public
of the opportunity to provide input on
the proposed real property management
business data elements that have been
created in support of Federal shared
services. This input will be used in the
formulation of business standards for
Federal real property management.
DATES: Comments due: Interested
parties should submit comments by the
method outlined in the ADDRESSES
section immediately below on or before
January 23, 2023.
ADDRESSES: Submit comments in
response to Notice BSC–RPM–2022–02
by Regulations.gov: https://
www.regulations.gov. Submit comments
using the Federal eRulemaking portal by
searching for ‘‘Notice BSC–RPM–2022–
02.’’ Select the link ‘‘Comment Now’’
that corresponds with ‘‘Notice BSC–
RPM–2022–02.’’ Follow the instructions
provided at the screen. Please include
your name, company name (if any), and
‘‘Notice BSC–RPM–2022–02’’ on your
attached document.
SUMMARY:
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]]>Agencies
[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
