DFARS Subpart 227.71, Rights in Technical Data, and Subpart 227.72, Rights in Computer Software and Computer Software Documentation, and related provisions and clauses

Forms and Documents

Document Name	Status
0704-0369 Supporting Statement 2019.10.31.docx Supporting Statement A	2019-10-31

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: 201910-0704-007
Status: Active	Previous ICR Reference No: 201608-0704-007
Agency/Subagency: DOD/DODDEP	Agency Tracking No:
Title: DFARS Subpart 227.71, Rights in Technical Data, and Subpart 227.72, Rights in Computer Software and Computer Software Documentation, and related provisions and clauses
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: 12/02/2019
	Date Received in OIRA: 10/31/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	36 Months From Approved	11/30/2019
Responses	959,602	0	959,602
Time Burden (Hours)	995,174	0	995,174
Cost Burden (Dollars)	38,116,303	0	32,092,372

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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: Rights in technical data
   US Code: 10 USC 2321 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:
	84 FR 45739	08/30/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 58377	10/31/2019
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	959,602	959,602	0	0	0	0
Annual Time Burden (Hours)	995,174	995,174	0	0	0	0
Annual Cost Burden (Dollars)	38,116,303	32,092,372	0	0	6,023,931	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: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $25,258,083

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 10/31/2019

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