Defense Federal Acquisition Regulation Supplement: Validation of Proprietary and Technical Data (DFARS Case 2018-D069)

Published date28 October 2020
Record Number2020-23885
SectionProposed rules
CourtDefense Acquisition Regulations System
Federal Register, Volume 85 Issue 209 (Wednesday, October 28, 2020)
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
                [Proposed Rules]
                [Pages 68283-68284]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-23885]
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                DEPARTMENT OF DEFENSE
                Defense Acquisition Regulations System
                48 CFR Parts 227 and 252
                [Docket DARS-2019-0048]
                RIN 0750-AK71
                Defense Federal Acquisition Regulation Supplement: Validation of
                Proprietary and Technical Data (DFARS Case 2018-D069)
                AGENCY: Defense Acquisition Regulations System, Department of Defense
                (DoD).
                ACTION: Announcement of meeting; extension of comment period.
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                SUMMARY: DoD is hosting a public meeting to obtain views of experts and
                interested parties in Government and the private sector regarding
                implementation in the Defense Federal Acquisition Regulation Supplement
                (DFARS) of the statutory presumption of development exclusively at
                private expense for commercial items in the procedures governing the
                validation of asserted restrictions on technical data as required to
                implement a section of the National Defense Authorization Act for
                Fiscal Year 2019.
                DATES: Submission of Comments: The comment period for the proposed rule
                published on August 31, 2020 (85 FR 53755), is extended. Comments on
                the proposed rule should be submitted in writing to the address shown
                in ADDRESSES on or before November 30, 2020 to be considered in
                formation of the final rule.
                 Public Meeting: A virtual public meeting will be held on November
                19, 2020, from 10 a.m. to 1 p.m. Eastern time. The public meeting will
                end at the stated time, or when the discussion ends, whichever comes
                first.
                 Registration: Registration to participate in this meeting must be
                received no later than close of business on November 12, 2020.
                Information on how to register for the public meeting may be found in
                the SUPPLEMENTARY INFORMATION section of this notice.
                ADDRESSES:
                 Public Meeting: A virtual public meeting will be held using
                Microsoft video conferencing software.
                 Submission of Comments: Submit comments identified by DFARS Case
                2018-D069, using any of the following methods:
                 [cir] Federal eRulemaking Portal: http://www.regulations.gov.
                Search for ``DFARS Case 2018-D069.'' Select ``Comment Now'' and follow
                the instructions provided to submit a comment. Please include ``DFARS
                Case 2018-D069'' on any attached documents.
                 [cir] Email: [email protected]. Include DFARS Case 2018-D069 in
                the subject line of the message.
                 [cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
                Kimberly Ziegler, OUSD(A&S)DPC/DARS, Room 3B938, 3060 Defense Pentagon,
                Washington, DC 20301-3060.
                 Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
                confirm receipt of your comment(s), please check www.regulations.gov,
                [[Page 68284]]
                approximately two to three days after submission to verify posting
                (except allow 30 days for posting of comments submitted by mail).
                FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Ziegler, telephone 571-
                372-6095.
                SUPPLEMENTARY INFORMATION: DoD is interested in continuing a dialogue
                with experts and interested parties in Government and the private
                sector regarding amending the DFARS to implement statutory amendments
                for the acquisition of technical data and computer software, and
                associated license rights.
                 On August 31, 2020, DoD published a proposed rule in the Federal
                Register at 85 FR 53755 to implement the requirements of section 865 of
                the National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
                115-232), which repeals several years of congressional adjustments to
                the statutory presumption of development at private expense for
                commercial items in the validation procedures at paragraph (f) of 10
                U.S.C. 2321.
                 DoD hosted public meetings to obtain the views of interested
                parties with notice published in the Federal Register on August 16,
                2019, at 84 FR 41953. In addition, DoD published an advance notice of
                proposed rulemaking (ANPR) on September 13, 2019, at 84 FR 48513,
                providing draft DFARS revisions and requesting any written public
                comments by November 12, 2019.
                 Registration: Individuals wishing to participate in the virtual
                meeting must register by November 12, 2020, to facilitate entry to the
                meeting. Interested parties may register for the meeting by sending the
                following information via email to [email protected] and include
                ``Public Meeting, DFARS Case 2018-D069'' in the subject line of the
                message:
                 Full name.
                 Valid email address, which will be used for admittance to
                the meeting.
                 Valid telephone number, which will serve as a secondary
                connection method.
                 Company or organization name.
                 Whether the individual desires to make a presentation.
                 Pre-registered individuals will receive instructions for connecting
                using the Microsoft video conferencing software not more than one week
                before the meeting is scheduled to commence.
                 Presentations: Presentations will be limited to 5 minutes per
                company or organization. This limit may be subject to adjustment,
                depending on the number of entities requesting to present, in order to
                ensure adequate time for discussion. If you wish to make a
                presentation, please submit an electronic copy of your presentation via
                email to [email protected] no later than November 12, 2020. Each
                presentation should be in PowerPoint to facilitate projection during
                the public meeting and should include the presenter's name, title,
                organization affiliation, telephone number, and email address on the
                cover page.
                 Correspondence, Comments, and Presentations: Please cite ``Public
                Meeting, DFARS Case 2018-D069'' in all correspondence related to the
                public meeting. There will be no transcription at the meeting. The
                submitted presentations will be the only record of the public meeting
                and will be posted to the following website at the conclusion of the
                public meeting: https://www.acq.osd.mil/dpap/dars/technical_data_rights.html.
                 The comment period for the proposed rule is extended to November
                30, 2020, to provide additional time for interested parties to comment
                on the proposed DFARS changes.
                List of Subjects in 48 CFR Parts 227 and 252
                 Government procurement.
                Jennifer D. Johnson,
                Regulatory Control Officer, Defense Acquisition Regulations System.
                [FR Doc. 2020-23885 Filed 10-27-20; 8:45 am]
                BILLING CODE 5001-06-P
                

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