Rights in Data and Copyrights: FAR Sections Affected 27.406-2; 27.409; 52.227-15 thru 52.227-23

Forms and Documents

Document	Type	Status	Availability
9000-0090-Supporting Statement-2-11-2014.doc	Supporting Statement A	Uploaded 2014-02-18	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
36595	Rights in Data and Copyrights: FAR Sections Affected 27.406-2; 27.409; 52.227-15 thru 52.227-23		Modified

ICR Details

OMB Control No: 9000-0090	ICR Reference No: 201212-9000-002
Status: Historical Active	Previous ICR Reference No: 201003-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Rights in Data and Copyrights: FAR Sections Affected 27.406-2; 27.409; 52.227-15 thru 52.227-23
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/06/2014
	Date Received in OIRA: 02/03/2014
Terms of Clearance: The collection is approved based on the revised materials provided by the FAR Council.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2017	36 Months From Approved	03/31/2014
Responses	1,156	0	1,100
Time Burden (Hours)	1,156	0	19,045
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): 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
  

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:
	78 FR 45196	07/26/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 3591	01/22/2014
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
Rights in Data and Copyrights: FAR Sections Affected 27.406-2; 27.409; 52.227-15 thru 52.227-23

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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	1,156	1,100	0	56	0	0
Annual Time Burden (Hours)	1,156	19,045	0	-17,889	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: 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.

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Annual Cost to Federal Government: $0

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 02/03/2014

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