Patents; FAR Sections Affected: 27.202-1; 27.202-5; 52.227-2; 52.227-6; and 52.227-9

Forms and Documents

Document Name	Status
9000-0096 Supporting Statement.docx Supporting Statement A	2016-11-04

IC Document Collections

IC ID	Document Title	Status
36611	Patents; FAR Sections Affected: 27.2; 52.227-2; 52.227-6; and 52.227-9	Modified

ICR Details

OMB Control No: 9000-0096	ICR Reference No: 201611-9000-001
Status: Historical Active	Previous ICR Reference No: 201210-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Patents; FAR Sections Affected: 27.202-1; 27.202-5; 52.227-2; 52.227-6; and 52.227-9
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/03/2017
	Date Received in OIRA: 11/29/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	36 Months From Approved	01/31/2017
Responses	107	0	104
Time Burden (Hours)	125	0	104
Cost Burden (Dollars)	7,540	0	0

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Abstract: The patent coverage in Federal Acquisition Regulation subpart 27.2 requires the contractor to report each notice of a claim of patent or copyright infringement that came to the contractor's attention in connection with performing a Government contract. The contractor is also required to report all royalties anticipated or paid in excess of $250 for the use of patented inventions by furnishing the name and address of licensor, date of license agreement, patent number, brief description of item or component, percentage or dollar rate of royalty per unit, unit price of contract item, and number of units.

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Authorizing Statute(s): None

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:
	81 FR 43607	07/05/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 70423	10/12/2016
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
Patents; FAR Sections Affected: 27.2; 52.227-2; 52.227-6; and 52.227-9

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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	107	104	0	3	0	0
Annual Time Burden (Hours)	125	104	0	21	0	0
Annual Cost Burden (Dollars)	7,540	0	0	7,540	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: The information collection requirement in the FAR increased slightly for the estimated number of respondents and responses received annually, resulting in a minor increase in the estimated burden hours from 104 hours to 126. Updates were made to the average wages and overhead based on current Office of Personnel Management and Office of Management and Budget rates. There is no centralized database in the Federal Government that maintains information regarding notice or claim of patent or copyright infringement, when a response to a solicitation contains costs or charges to royalties or when a contractor submits a statement of royalties paid or required to be paid. Therefore, data was extrapolated from the Federal Procurement Data System and the Federal Business Opportunities website to estimate the number of respondents and responses received annually. To assist in validating this data, subject matter experts in the area of patent law were consulted as well as multiple Federal Supply Schedule contracts were reviewed to determine whether the applicable clauses and provision were included.

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Annual Cost to Federal Government: $7,540

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: 11/29/2016

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