The collection
is approved based on the revised materials provided by the FAR
Council.
Inventory as of this Action
Requested
Previously Approved
03/31/2017
36 Months From Approved
03/31/2014
1,156
0
1,100
1,156
0
19,045
0
0
0
Contracts must contain terms that
delineate the appropriate rights and obligations of the Government
and the contractor regarding the use, reproduction and disclosure
of data.
US Code:
10
USC 2320 Name of Law: Rights in Technical Data
PL:
Pub.L. 98 - 577 203 Name of Law: Validation of Proprietary Data
Restrictions
A reassessment of the rights in
data and copyright provisions was performed, and the information
collection requirement in the FAR is decreased from the previous
collection. The decrease is most likely a result of increased use
of Government-wide contracts including the GSA schedule contracts,
the increase use of commercial products since the inception of the
clauses and the budget constraints over the last several years that
have reduced research and development budgets and the ability to
purchase costly data rights. There is no centralized database in
the Federal Government that maintains information regarding the use
of rights in data and copyright clauses. Subject matter experts in
the intellectual property law were consulted at the General
Services Administration to obtain additional information that
helped in estimating the revised public burden. FedBizOpps was
searched to determine the use of these clauses in competitive
contract solicitations throughout the Government; however less than
10 contracts were identified. FPDS was used to determine the likely
contracts that would contain rights in data and copyright
provisions. An assumption was made that sole source contracts
citing the existence of limited rights in data, patent rights,
copyrights or secret processes would contain the rights in data and
copyright clauses, and were used as the basis for this information
collection. No public comments were received in prior years that
have challenged the validity of the Government's estimated. Updates
were made to the average wages and overhead based on current Office
of Personnel Management and Office of Management and Budget
rates.
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:
(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;
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.
9000-0090-Supporting Statement-2-11-2014.doc
Rights in Data and Copyrights: FAR Sections Affected 27.406-2; 27.409; 52.227-15 thru 52.227-23