Defense Federal Acquisition Regulation Supplement (DFARS) Subparts 227.71, Rights in Technical Data; and 227.72, Rights in computer software and computer software documentation, and ......

Forms and Documents

Document Name	Status
JUSTIFICATION FOR CHANGE.doc Justification for No Material/Nonsubstantive Change	2007-11-28
Supporting Statement - PART A.pdf Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
37576	Defense Federal Acquisition Regulation Supplement (DFARS) Subparts 227.71, Rights in Technical Data; and 227.72, Rights in computer software and computer software documentation, and ...... Other-DFARS Clause	Modified

ICR Details

OMB Control No: 0704-0369	ICR Reference No: 200711-0704-001
Status: Historical Active	Previous ICR Reference No: 200702-0704-001
Agency/Subagency: DOD/DODDEP	Agency Tracking No:
Title: Defense Federal Acquisition Regulation Supplement (DFARS) Subparts 227.71, Rights in Technical Data; and 227.72, Rights in computer software and computer software documentation, and ......
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/31/2008
	Date Received in OIRA: 11/28/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2010	03/31/2010	03/31/2010
Responses	527,852	0	526,797
Time Burden (Hours)	1,634,535	0	1,633,269
Cost Burden (Dollars)	0	0	0

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Abstract: According to 10 U.S.C. Chapter 137, DoD must prescribe regulations to govern obtaining and protecting rights in contractor technical data and computer software. DoD implemented this requirement at DFARS Subparts 227.71 and 227.72 and related clauses and provisions at DFARS 252.227. DoD contractors and subcontractors must maintain records and furnish information on creation and disclosure of technical data, computer software, and computer software documentation and must justify restrictions on Government rights to use or disclose technical data, computer software or computer software documentation.

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Authorizing Statute(s): US Code: 10 USC 2320 Name of Law: null
   US Code: 10 USC 2321 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 58591	10/04/2006
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 8697	02/27/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Defense Federal Acquisition Regulation Supplement (DFARS) Subparts 227.71, Rights in Technical Data; and 227.72, Rights in computer software and computer software documentation, and ......

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	527,852	526,797	0	1,055	0	0
Annual Time Burden (Hours)	1,634,535	1,633,269	0	1,266	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: A clause is being deleted from the FAR (52.227-7012) and inserted into the DFARS (252.227-7038). The deletion from the FAR will be effective on December 7, 2007. DARS will need to pick the clause up in the DFARS on that same date so that DoD will not have a lapse without coverage.

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Annual Cost to Federal Government: $38,903,079

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/28/2007

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