Federal Acquisition Regulation; Software Copyrights

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 27

[FAC 97-05; FAR Case 97-614; Item VIII]

RIN 9000-AI04

Federal Acquisition Regulation; Software Copyrights

AGENCIES: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on a final rule amending

the Federal Acquisition Regulation (FAR) to clarify that computer

software produced under Government contracts may be special works to

which the Government may obtain copyright. This regulatory action was

not subject to Office of Management and Budget review under Executive

Order 12866, dated September 30, 1993, and is not a major rule under 5

U.S.C. 804.

EFFECTIVE DATE: August 21, 1998.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202) 501-4755, for information

pertaining to status or publication schedules. For clarification of

content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-

3856. Please cite FAC 97-05, FAR case 97-614.

SUPPLEMENTARY INFORMATION:

A. Background

The definition of ``data'' to which the FAR clause at 52.227-17,

Rights in Data--Special Works, applies includes computer software.

However, FAR 27.405, which provides guidance for use of the clause,

does not include computer software among its examples of special works.

This final rule clarifies that the Government may use the clause to

retain copyright to certain computer software produced under Government

contracts, when appropriate.

B. Regulatory Flexibility Act

The final rule does not constitute a significant FAR revision

within the meaning of FAR 1.501 and Public Law 98-577, and publication

for public comments is not required. However, comments from small

entities concerning the affected FAR subpart will be considered in

accordance with 5 U.S.C. 610. Such comments must be submitted

separately and should cite 5 U.S.C. 601, et seq. (FAC 97-05, FAR case

97-614), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the FAR do not impose recordkeeping or information collection

requirements, or collections of information from offerors, contractors,

or members of the public which require the approval of the Office of

Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 27

Government procurement.

Dated: June 11, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 27 is amended as set forth below:

PART 27--PATENTS, DATA, AND COPYRIGHTS

1. The authority citation for 48 CFR Part 27 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

2. Section 27.405 is amended in paragraph (a)(1)(vii) by removing

``or'' at the end of (a)(1)(viii) by removing the period and inserting

``; or'' in its place; and adding paragraph (a)(1)(ix) to read as

follows:

27.405 Other data rights provisions.

(a) Production of special works. (1) * * *

(ix) The development of computer software programs, where the

program--

(A) May give a commercial advantage; or;

(B) Is agency mission sensitive, and release could prejudice agency

mission, programs, or follow-on acquisitions.

* * * * *

[FR Doc. 98-16119 Filed 6-19-98; 8:45 am]

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