(3) FAR 52.227-17, Rights in Data-Special Works. This clause is included in solicitations and contracts primarily for production or compilation of data. FAR 52.227-17 is used in rare and exceptional circumstances to permit the Government to limit the Contractor's rights in data by preventing the release, distribution and publication of any data first produced in the performance of the contract. This clause may also be limited to particular items and not the entire contract.
(4) FAR 52.227-18, Rights in Data-Existing Works. This clause is included in contracts for audiovisual or similar works. FAR 52.227-18 is used when the Government is acquiring existing audiovisual or similar works, such as books, without modification. This clause requires contractors to grant license for the Government to reproduce, prepare derivative works, and perform or display the materials publically.
(5) FAR 52.227-19, Commercial Computer Software License. This clause is used in contracts and purchase orders for the acquisition of commercial software. FAR 52.227-19 requires the Government to set forth the minimum data rights it requires above and beyond what is set forth in the contractor's standard commercial license. The contractor is responsible for affixing a notice on any commercial software delivered under the contract that provides notice that the Government's rights regarding the data are set forth in the contract.
(6) FAR 52.227-20, Rights in Data--SBIR Program. This clause is only required for small business innovation research (SBIR) contracts and it limits the Government's rights to disclose data first produced under the contract.
(7) FAR 52.227-21, Technical Data Declaration, Revisions and Withholding of Payment--Major Systems. This clause requires the contractor to certify that the data delivered under the contract is complete, accurate and compliant with the requirements of the contract.
(8) FAR 52.227-22 Major Systems--Minimum Rights. This clause is used in Civilian Agency Contracts, except for
(9) FAR 52.227-23, Rights to Proposal Data (technical). This clause allows the Government to identify pages of a proposal that, as a condition of contact award, would be subject to unlimited rights in the technical data.
(10) FAR 52.227-14, Rights in Data--General. Paragraph (d) outlines a procedure whereby a contracting officer can challenge restrictive markings on data delivered. Under civilian agency contracts, limited rights data or restricted computer software is rarely, if ever, delivered to the Government. Therefore, there will rarely be any challenges. Thus, there is no burden on the public and no information collection associated with this clause.
B. Annual Reporting Burden
A reassessment of the rights in data and copyright provisions was performed. Based on the comprehensive reassessment performed, this information collection requirement represents a decrease from what was published in the
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 field were consulted 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. The Federal Procurement Data System (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. Consequently, the FPDS data formed the basis for the estimated the number of respondents per year based on the likely contracts awarded that would include the applicable clauses associated with this collection (52.227-15 through 52.227-23). The estimated number of contracts was then totaled to determine the overall number of respondents associated with this collection. Estimates were based on the total number of unique contractors awarded a sole source contract based on the existence of limited rights in data, patent rights, copyrights or secret processes. Similarly, FPDS data was used to estimate the number of responses per respondent for this collection. The estimate was based on the average number of actions per contractor and rounded to the nearest whole number. The estimates were then averaged to determine the overall number of responses per respondent associated with this collection. One burden hour was estimated per response to read and prepare information. No public comments were received in prior years that have challenged the validity of the Government's estimate.
Responses Per Respondent: 2.76 .
Annual Responses: 1,156 .
Hours Per Response: 1.
Total Burden Hours: 1,156.
C. Annual Recordkeeping Burden
The annual recordkeeping burden is estimated as follows:
Recordkeepers: 446 .
Annual Response: 2,230.
Hours per Recordkeeper: 2.
Total Recordkeeping Burden Hours: 4,460.
Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the
Acting Director, Federal Acquisition Policy Division,
TNS 30BautistaJude 130726-4437330 30BautistaJude
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