81 FR 59201 - Submission for OMB Review; Comment Request
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 81, Issue 167 (August 29, 2016)
Defense Acquisition Regulations System
Federal Register Volume 81, Issue 167 (August 29, 2016)
| Page Range | 59201-59202 | |
| FR Document | 2016-20637 |
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)] [Notices] [Pages 59201-59202] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20637] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [OMB Control Number 0704-0369; Docket Number DARS-2016-0025] Submission for OMB Review; Comment Request ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). DATES: Consideration will be given to all comments received by September 28, 2016. 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 of the Defense Federal Acquisition Regulation Supplement (DFARS); OMB Control Number 0704-0369. Type of Request: Revision. Number of Respondents: 75,250. Responses per Respondent: Approximately 13. Annual Responses: 959,602. Average Burden per Response: Approximately 1 hour. Annual Response Burden Hours: 904,574 hours. Total Annual Burden Hours: 995,174 hours. Annual Recordkeeping Burden Hours: 90,600 hours. Affected Public: Businesses or other for-profit and not-for profit institutions. Frequency: On occasion. 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 [[Page 59202]] 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. Respondent's Obligation: a. Identification and assertion of use, release, or disclosure restrictions prior to delivery. DFARS provision 252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions, is used in all noncommercial solicitations that include either DFARS clauses 252.227-7013, Rights in Technical Data-- Noncommercial Items; 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation; and 252.227-7018, Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program, to require offerors to identify and assert, in their offer, technical data or computer software to be delivered with other than unlimited rights in their offer. b. Post-award notices of use, release, or disclosure restriction and marking. DFARS clauses 252.227-7013, Rights in Technical Data-- Noncommercial Items; 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation; and 252.227-7018, Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program, require contractors to both identify and mark technical data or software that must be protected from unauthorized release or disclosure. c. Justification for any asserted restriction. DFARS 252.227-7019, Validation of Asserted Restrictions--Computer Software, and 252.227- 7037, Validation of Restrictive Markings on Technical Data, require contractors and subcontractors to maintain adequate records to justify the validity of any markings that assert restrictions on the Government's rights to use, modify, reproduce, perform, display, release or disclose delivered or required to be delivered. d. Use and non-disclosure agreement. 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 Government-Furnished Information Marked with Restrictive Legends. e. Limitations on use or disclosure. DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, requires contractors and subcontractors at any tier that obtain data from the Government to which the Government has only limited rights, restricted rights, or SBIR rights legends to submit a ``Use and Disclosure'' agreement. f. Identification of previously delivered technical data or computer software. DFARS 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government, requires offerors to identify any technical data or computer software that it intends to deliver that are identical or substantially similar to technical data or computer software that the offeror has produced for, delivered to or is obligated to deliver to the Government. OMB Desk Officer: Ms. Jasmeet Seehra. Written comments and recommendations on the proposed information collection should be sent to Ms. Seehra at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, docket number, and title for the Federal Register document. The general policy for comments and other public submissions from members of the public is to make these submissions available for public viewing on the internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). DoD Clearance Officer: Mr. Frederick C. Licari. Written requests for copies of the information collection proposal should be sent to Mr. Licari at: Publication Collections Program, WHS/ ESD Information Management Division, 4800 Mark Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-3100. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. [FR Doc. 2016-20637 Filed 8-26-16; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices 59201
DEPARTMENT OF DEFENSE 2. A copy of the Individual Tower, Suite 02G09, Alexandria, VA
Subcontracting Report (ISR) or SF 294 22350–3100.
Defense Acquisition Regulations and Summary Subcontracting Report
System Jennifer L. Hawes,
(SSR) for each contract where
Editor, Defense Acquisition Regulations
[OMB Control Number 0704–0332; Docket developmental assistance was credited System.
Number DARS–2016–0024] to subcontracting goals. [FR Doc. 2016–20636 Filed 8–26–16; 8:45 am]
b. DFARS Appendix I, section I– BILLING CODE 5001–06–P
Submission for OMB Review;
112.2(e), requires protege firms to
Comment Request
submit reports on an annual basis.
ACTION: Notice. Reports must include progress made by DEPARTMENT OF DEFENSE
the protege firm in employment,
SUMMARY: The Defense Acquisition revenues, and participation in DoD Defense Acquisition Regulations
Regulations System has submitted to contracts during each fiscal year of the System
OMB for clearance, the following Program participation term and each of [OMB Control Number 0704–0369; Docket
proposal for collection of information the two fiscal years following the Number DARS–2016–0025]
under the provisions of the Paperwork expiration of the Program participation
Reduction Act (44 U.S.C. chapter 35). Submission for OMB Review;
term. During the Program participation
DATES: Consideration will be given to all Comment Request
term, the protege firms may provide this
comments received by September 28, data to the mentor firm for inclusion in
2016. ACTION: Notice.
the mentor report required by I–112(a)–
SUPPLEMENTARY INFORMATION: (d) for the period ending September 30. SUMMARY: The Defense Acquisition
Title and OMB Number: Defense Regulations System has submitted to
OMB Desk Officer: Ms. Jasmeet
Federal Acquisition Regulation OMB for clearance, the following
Supplement (DFARS) Appendix I, DoD Seehra.
proposal for collection of information
Pilot Mentor-Protege Program; OMB Written comments and under the provisions of the Paperwork
Control Number 0704–0332. recommendations on the proposed Reduction Act (44 U.S.C. chapter 35).
Type of Request: Revision. information collection should be sent to DATES: Consideration will be given to all
Number of Respondents: 122. Ms. Seehra at the Office of Management comments received by September 28,
Responses per Respondent: and Budget, Desk Officer for DoD, Room 2016.
Approximately 2. 10236, New Executive Office Building,
Annual Responses: 240. SUPPLEMENTARY INFORMATION:
Washington, DC 20503.
Average Burden per Response: Title and OMB Number: Defense
Approximately 1 hour. You may also submit comments, Federal Acquisition Regulation
Annual Burden Hours: 240. identified by docket number and title, Supplement (DFARS) Subpart 227.71,
Affected Public: Businesses or other by the following method: Rights in Technical Data, and Subpart
for-profit and not-for profit institutions. Federal eRulemaking Portal: http:// 227.72, Rights in Computer Software
Frequency: On occasion. www.regulations.gov. Follow the and Computer Software Documentation,
Needs and Uses: DoD needs this instructions for submitting comments. and related provisions and clauses of
information to ensure that participants the Defense Federal Acquisition
in the Mentor-Protege Program (‘‘the Instructions: All submissions received Regulation Supplement (DFARS); OMB
Program’’) are fulfilling their obligations must include the agency name, docket Control Number 0704–0369.
under the mentor-protege agreements number, and title for the Federal Type of Request: Revision.
and that the Government is receiving Register document. The general policy Number of Respondents: 75,250.
value for the benefits it provides for comments and other public Responses per Respondent:
through the Program. DoD uses the submissions from members of the public Approximately 13.
information as source data for reports to is to make these submissions available Annual Responses: 959,602.
Congress required by section 811(d) of for public viewing on the internet at Average Burden per Response:
the National Defense Authorization Act http://www.regulations.gov as they are Approximately 1 hour.
for Fiscal Year 2000 (Pub. L. 106–65). received without change, including any Annual Response Burden Hours:
Participation in the Program is personal identifiers or contact 904,574 hours.
voluntary. information provided. To confirm Total Annual Burden Hours: 995,174
Respondent’s Obligation: receipt of your comment(s), please hours.
a. DFARS Appendix I, section I– check http://www.regulations.gov Annual Recordkeeping Burden Hours:
112.2(a)–(d), requires mentor firms to approximately two to three days after 90,600 hours.
report on the progress made under Affected Public: Businesses or other
submission to verify posting (except
active mentor-protege agreements for-profit and not-for profit institutions.
allow 30 days for posting of comments
semiannually for the periods ending Frequency: On occasion.
March 31 and September 30. The submitted by mail). Needs and Uses: DFARS Subparts
September 30 report must address the DoD Clearance Officer: Mr. Frederick 227.71 and 227.72 prescribe the use of
entire fiscal year. Reports must include C. Licari. solicitation provisions and contract
the following: clauses containing information
jstallworth on DSK7TPTVN1PROD with NOTICES
Written requests for copies of the
1. Data on performance under the information collection proposal should collection requirements that are
mentor-protege agreement, including be sent to Mr. Licari at: Publication associated with rights in technical data
dollars obligated, expenditures, Collections Program, WHS/ESD and computer software. DoD needs this
subcontracts awarded to the protege Information Management Division, 4800 information to implement 10 U.S.C.
firm, developmental assistance 2320, Rights in technical data, and 10
Mark Center Drive, 2nd Floor, East
provided, impact and progress of the U.S.C. 2321, Validation of proprietary
agreement. data restrictions. DoD uses the
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![59202 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices
information to recognize and protect that requires access to a third parties Collections Program, WHS/ESD
contractor rights in technical data and data or software for the performance of Information Management Division, 4800
computer software that are associated a Government contract that contains the Mark Center Drive, 2nd Floor, East
with privately funded developments; clause at 252.227–7025, Limitations on Tower, Suite 02G09, Alexandria, VA
and to ensure that technical data Use or Disclosure of Government- 22350–3100.
delivered under a contract are complete Furnished Information Marked with
Jennifer L. Hawes,
and accurate and satisfy contract Restrictive Legends.
requirements. e. Limitations on use or disclosure. Editor, Defense Acquisition Regulations
Respondent’s Obligation: DFARS 252.227–7025, Limitations on System.
a. Identification and assertion of use, the Use or Disclosure of Government- [FR Doc. 2016–20637 Filed 8–26–16; 8:45 am]
release, or disclosure restrictions prior Furnished Information Marked with BILLING CODE 5001–06–P
to delivery. DFARS provision 252.227– Restrictive Legends, requires contractors
7017, Identification and Assertion of and subcontractors at any tier that
Use, Release, or Disclosure Restrictions, obtain data from the Government to DEPARTMENT OF EDUCATION
is used in all noncommercial which the Government has only limited
solicitations that include either DFARS rights, restricted rights, or SBIR rights Notice Inviting Publishers To Submit
clauses 252.227–7013, Rights in legends to submit a ‘‘Use and Tests for a Determination of Suitability
Technical Data—Noncommercial Items; Disclosure’’ agreement. for Use in the National Reporting
252.227–7014, Rights in Noncommercial f. Identification of previously System for Adult Education
Computer Software and Noncommercial delivered technical data or computer
Computer Software Documentation; and AGENCY: Office of Career, Technical, and
software. DFARS 252.227–7028,
252.227–7018, Rights in Noncommercial Adult Education, Department of
Technical Data or Computer Software
Technical Data and Computer Education.
Previously Delivered to the
Software—Small Business Innovation Government, requires offerors to ACTION: Notice.
Research (SBIR) Program, to require identify any technical data or computer
offerors to identify and assert, in their SUMMARY: The Secretary of Education (1)
software that it intends to deliver that invites publishers to submit tests for
offer, technical data or computer are identical or substantially similar to
software to be delivered with other than review and approval for use in the
technical data or computer software that National Reporting System for Adult
unlimited rights in their offer. the offeror has produced for, delivered
b. Post-award notices of use, release, Education (NRS); and (2) announces the
to or is obligated to deliver to the date by which publishers must submit
or disclosure restriction and marking. Government.
DFARS clauses 252.227–7013, Rights in these tests.
OMB Desk Officer: Ms. Jasmeet
Technical Data—Noncommercial Items; Seehra. DATES: Deadlines for transmittal of
252.227–7014, Rights in Noncommercial Written comments and applications: October 1, 2016 and April
Computer Software and Noncommercial recommendations on the proposed 1, 2017.
Computer Software Documentation; and information collection should be sent to ADDRESSES: Submit your application by
252.227–7018, Rights in Noncommercial Ms. Seehra at the Office of Management mail (through the U.S. Postal Service or
Technical Data and Computer and Budget, Desk Officer for DoD, Room a commercial carrier) or deliver your
Software—Small Business Innovation 10236, New Executive Office Building, application by hand or by courier
Research (SBIR) Program, require Washington, DC 20503. service to: NRS Assessment Review,
contractors to both identify and mark You may also submit comments, c/o American Institutes for Research,
technical data or software that must be identified by docket number and title, 1000 Thomas Jefferson Street NW.,
protected from unauthorized release or by the following method: Washington, DC 20007.
disclosure. Federal eRulemaking Portal: http:// FOR FURTHER INFORMATION CONTACT: John
c. Justification for any asserted www.regulations.gov. Follow the LeMaster, U.S. Department of
restriction. DFARS 252.227–7019, instructions for submitting comments. Education, 400 Maryland Avenue SW.,
Validation of Asserted Restrictions— Instructions: All submissions received Room 11152, Potomac Center Plaza,
Computer Software, and 252.227–7037, must include the agency name, docket Washington, DC 20202–7240.
Validation of Restrictive Markings on number, and title for the Federal Telephone: (202) 245–6218 or by email:
Technical Data, require contractors and Register document. The general policy John.LeMaster@ed.gov.
subcontractors to maintain adequate for comments and other public If you use a telecommunications
records to justify the validity of any submissions from members of the public device for the deaf (TDD) or a text
markings that assert restrictions on the is to make these submissions available telephone (TTY), call the Federal Relay
Government’s rights to use, modify, for public viewing on the internet at Service (FRS), toll free, at 1–800–877–
reproduce, perform, display, release or http://www.regulations.gov as they are 8339.
disclose delivered or required to be received without change, including any
delivered. personal identifiers or contact SUPPLEMENTARY INFORMATION:
d. Use and non-disclosure agreement. information provided. To confirm The Department’s regulations for
DFARS 227.7103–7, Use and non- receipt of your comment(s), please Measuring Educational Gain in the
disclosure agreement, requires intended check http://www.regulations.gov National Reporting System for Adult
recipients of technical data or computer approximately two to three days after Education, 34 CFR part 462 (NRS
software delivered to the Government regulations), include the procedures for
jstallworth on DSK7TPTVN1PROD with NOTICES
submission to verify posting (except
with restrictions on use, modification, allow 30 days for posting of comments determining the suitability of tests for
reproduction, release, performance, submitted by mail). use in the NRS.
display, or disclosure, to sign the use DoD Clearance Officer: Mr. Frederick Criteria the Secretary Uses: In order
and non-disclosure agreement at C. Licari. for the Secretary to consider a test
227.7103–7(c) prior to release or Written requests for copies of the suitable for use in the NRS, the test
disclosure of the data, unless the information collection proposal should must meet the criteria and requirements
recipient is a Government contractor be sent to Mr. Licari at: Publication established in 34 CFR 462.13.
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Document Created: 2016-08-26 23:49:07
Document Modified: 2016-08-26 23:49:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Consideration will be given to all comments received by September 28, 2016. | |
| FR Citation | 81 FR 59201 |
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