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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: August 12, 2004

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

SOURCE: Federal Register, August 12, 2004, Vol. 69, No. 155, page 49845

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: NASA is proposing to add an Alternate III to NFS 1852.235-73, Final Scientific and Technical Reports, for use in contracts awarded under the Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) programs.

DATES: Comments on this proposed rule should be submitted on or before October 12, 2004.

ADDRESSES: Comments on the proposed rule must cite "RIN number 2700-AD04," and may be submitted through the Federal eRulemaking Portal at http://www.regulations.gov; to Celeste Dalton, NASA, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546; or by e-mail to: Celeste.M.Dalton@nasa.gov.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of Procurement, Contract Management Division (Code HK); 202-358-1645; e-mail: Celeste.M.Dalton@nasa.gov.

SUPPLEMENTAL INFORMATION: Paragraph (d) of NFS 1835.070, NASA Contract Clauses and Solicitation Provision, requires all research and development (R&D) contracts to include NFS 1852.235-73. SBIR and STTR contracts are considered R&D contracts, so they must include NFS 1852.235-73. While NFS 1852.235-73 addresses the contractor's right to release data first produced or used in performance of the contract, it only addresses the contractor's rights in data as defined in FAR 52.227-14, Rights in Data -- General. Contractor rights in data under SBIR and STTR contracts are defined in FAR 52.227-20, Rights in Data -- SBIR Program.

This proposed rule would add an Alternate III to NFS 1852.235-73 for use in SBIR and STTR contracts. Alternate III would cite FAR 52.227-20 as the clause that applies to contractor data rights under SBIR and STTR contracts. In addition, NFS 1835.070 would be amended to add a paragraph (d)(3) which would direct the contracting officer to include Alternate III in SBIR and STTR contracts.

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

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