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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: January 12, 2005

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

SOURCE: Federal Register, January 12, 2005, Vol. 70, No. 8, page 2022

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is adding 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.

EDITOR’S NOTE: For more on the proposed rule, see the August 12, 2004, FEDERAL CONTRACTS DISPATCHNational Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Final Scientific and Technical Reports -- SBIR and STTR Contracts.”

EFFECTIVE DATE: January 12, 2005.

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.

On August 12, 2004, NASA published a proposed rule to add an Alternate III to NFS 1852.235-73 for use in SBIR and STTR contracts. The proposed Alternate III would cite FAR 52.227-20 as the clause that applies to contractor data rights under SBIR and STTR contracts. In addition, the proposed rule would amend NFS 1835.070 to add a paragraph (d)(3) to direct the contracting officer to include Alternate III in SBIR and STTR contracts. No comments were received in response to the proposed rule, so NASA is adopting the proposed rule as final without changes.

Alternate III adds the following as paragraph (e) of NFS 1852.235-73:

“The contractor's rights in data are defined in FAR 52.227-20, Rights In Data -- SBIR Program. The contractor may publish, or otherwise disseminate, such data without prior review by NASA. The contractor is responsible for reviewing publication or dissemination of the data for conformance with laws and regulations governing its distribution, including intellectual property rights, export control, national security and other requirements, and to the extent the contractor receives or is given access to data necessary for the performance of the contract which contain restrictive markings, for complying with such restrictive markings. In the event the contractor has established its claim to copyright data produced under this contract and has affixed a copyright notice and acknowledgement of Government sponsorship, or has affixed the SBIR Rights Notice contained in paragraph (d) of FAR 52.227-20, the Government shall comply with such notices.”

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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