Acquisition Regulation Clause Patent rights and Rights in Data

Forms and Documents

Document Name	Status
0990-HHSAR Clause_supporting st.doc Supporting Statement A	2014-06-04

IC Document Collections

IC ID	Document Title	Status
210736	Technical (4) Legal (2) Management (2)	New
210735	Administrative (2) Management (1)	New
210734	Administrative (8)	New
210733	Technical (4) Legal (2) Management (2)	New
210732	Technical (6) Legal (2) Management (2)	New
210731	Technical (8) Legal (4) Management (2)	New
210730	Technical (8) Legal (3) Management (1)	New
210729	Technical (8) Legal (2) Management (2)	New
210728	Technical(4) Legal (2) Management (2)	New

ICR Details

OMB Control No: 0990-0419	ICR Reference No: 201403-0990-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: HHS/HHSDM	Agency Tracking No: 20762
Title: Acquisition Regulation Clause Patent rights and Rights in Data
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/09/2014
	Date Received in OIRA: 03/14/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2017	36 Months From Approved
Responses	1,197	0	0
Time Burden (Hours)	10,899	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: HHS found that systematically, over a period of several years, when Determinations of Exceptional Circumstances (DECs) were executed, additional legal protection for the patent and data rights of third parties beyond those covered by FAR were necessary. A decision was made to add two clauses--352.227-11 Patent Rights--Exceptional Circumstances and 352.227-14 Rights in Data--Exceptional Circumstances--to the HHS supplement to the FAR, the HHS Acquisition Regulation (HHSAR), to provide the additional legal protection required. These clauses would ensure that providers of proprietary material(s) to the government will retain all their preexisting rights to their material(s), and rights to any inventions made under a contract or subcontract (at all tiers), when a DEC has been executed. Rights in data regulations concern the rights of the Government, and organizations with which the Government contracts, to information developed under such contracts. The delineation of such rights is necessary in order to protect the contractor's rights to not disclose proprietary data and to insure that non-proprietary data developed with public funds is available to the public.

---

Authorizing Statute(s): EO: EO 12591 Name/Subject of EO: Facilitating Access to Science and Technology
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0991-AB87	Final or interim final rulemaking	78 FR 2229	01/10/2013

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 2229	01/10/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 12693	03/06/2014
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
Technical(4) Legal (2) Management (2)
Technical (8) Legal (2) Management (2)
Technical (8) Legal (3) Management (1)
Technical (8) Legal (4) Management (2)
Technical (6) Legal (2) Management (2)
Technical (4) Legal (2) Management (2)
Administrative (8)
Administrative (2) Management (1)
Technical (4) Legal (2) Management (2)

---

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	1,197	0	0	1,197	0	0
Annual Time Burden (Hours)	10,899	0	0	10,899	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: New collection

---

Annual Cost to Federal Government: $86,069

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

---

Common Form ICR:  No

---

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: 03/14/2014

---