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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 14, 2001

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Scientific and Technical Reports

SOURCE: Federal Register, November 14, 2001, Vol. 66, No. 220, page 57028

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Proposal Rule

SYNOPSIS: This proposed rule would amend the NFS to clarify the review requirements for data produced under Research and Development (R&D) contracts, including data contained in final reports and the review requirements for final reports prior to inclusion in NASA's Center for AeroSpace Information (CASI).

EDITOR'S NOTE: For more on the earlier change to NFS 1852.235-70, Center for Aerospace Information -- Final Scientific and Technical Reports, which would be clarified by this proposed rule, see the July 21, 2000, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Submission of Final Reports under Research and Development (R&D) Contracts."

DATES: Submit comments on or before January 14, 2002.

ADDRESSES: Submit written comments on the proposed rule to Celeste Dalton, NASA Headquarters, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546, or by e-mail to: cdalton@hq.nasa.gov.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, 202-358-1645, e-mail: cdalton@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: NFS 1852.235-70 is required in all R&D contracts. NFS 1852.235-70(e) states that "the contractor shall not release the final report, outside of NASA, until the DAA [Document Availability Authorization] review has been completed by NASA and availability of the report has been determined." The DAA review completed by NASA is intended to insure that NASA disseminates NASA scientific and technical information (STI) consistent with U.S. laws and regulations, federal information policy, intellectual property rights, technology transfer protection requirements, and budgetary and technological limitations. The DAA review process applies only to the publication and dissemination of NASA STI by NASA or under the direction of NASA.

This final report review requirement has been incorrectly interpreted by some university contractors as restricting their right to publish any of the data produced under the contract which may be included in the final report until NASA has completed its DAA review. The intent of paragraph (e) is only to restrict the release of the final report as delivered under the contract until NASA completes its DAA review and the availability of the report has been determined. NFS 1852.235-70 is not intended to restrict the contractor's ability to publish, or otherwise disseminate, data produced during the performance of the contract, including data contained in the final report, as provided under FAR 52.227-14, Rights in Data -- General. However, in certain limited situations, contract requirements may include research activity that will result in data subject to export control, national security restrictions, or other restrictions designated by NASA, or may require that the contractor receives or is given access to data that includes restrictive marking (for example, proprietary information of others). In these circumstances, NASA requires a review of data produced under the contract, before the contractor may publish, release, or otherwise disseminate the data.

To clarify NASA's intent, this proposed rule would make the following changes to the NFS:

In addition, NFS 1827.406-70, Reports of Work, would be deleted, and the material moved to NFS Part 1835, Research and Development Contracting, as new NFS 1835.010, Scientific and Technical Reports, and new NFS 1835.011, Data. Also, NFS 1835.070, NASA Contract Clauses and Solicitation Provision, would be revised to address the new clauses and alternates.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

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