![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 04-09

###  December 15, 2005

## NASA RESEARCH ANNOUNCEMENTS - SMALL BUISNESS SUBCONTRACTING PLANS AND PUBLICATION ACKNOWLEDGEMENT AND DISCLAIMERS

***Background:*** This PN revises the NASA FAR Supplement (NFS) to
require for NASA Research Announcements: (1) submission of a small
business subcontracting plan with any proposal having subcontracting
possibilities that may result in the award of a contract whose value
exceeds \$5,000,000; and (2) acknowledgement of NASA sponsorship and
disclaimer of agency endorsement of results.

*ACQUISITIONS AFFECTED BY CHANGES:* (1) NASA Research Announcements that
might result in award of a contract. (2) The publication acknowledgement
and disclaimer affects all research and development contracts, and
interagency agreements and cost-reimbursement supply contracts involving
research and development work, when prior review of all data produced
during the performance of the contract is required before the contractor
may publish, release, or otherwise disseminate the data, in accordance
with 1835.070 (d)(2).

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Insert the revised
provision at 1852.235-72, Instructions for Responding to NASA Research
Announcements, and the revised Alternate II to the clause at
1852.235-73, Final Scientific and Technical Reports, in the prescribed
solicitations and contracts issued and awarded after the date of this
PN.

***CLAUSE CHANGES:*** Clauses 1852.235-72 and 1852.235-73.

***PARTS AFFECTED:*** Changes are made in Part 1852.

*REPLACEMENT PAGES:* You may use the enclosed pages to replace 52:75,
52:76, 52:77, 52:78, 52:79, 52:80, 52:81, 52:82, 52:83, 52:84, 52:84.1
(added), 52-119, and 52-120 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as a
final rule (70 FR 74206 - 74207) on December 15, 2005.

***HEADQUARTERS CONTACT:*** Patrick Flynn, Office of Procurement,
Contract Management Division, (202) 358-0460, email:
patrick.flynn@nasa.gov.

Lou Becker

Acting Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

####  PN List

\(a\) For purposes of payment of cost, exclusive of fee, in accordance
with the Limitation of Funds clause, the total amount allotted by the
Government to this contract is \$ [        ]{.underline}. This allotment
is for \[Insert applicable item number(s), task(s), or work
description\] [         ]{.underline} and covers the following estimated
period of performance: [          ]{.underline}.

\(b\) An additional amount of \$[        ]{.underline} is obligated
under this contract for payment of fee.

**(End of clause)**

**1852.232-82 Submission of Requests for Progress Payments.**

As prescribed in 1832.502-470, insert the following clause:

**SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS**

**(MARCH 1989)**

The Contractor shall request progress payments in accordance with the
Progress Payments clause by submitting to the Contracting Officer an
original and two copies of Standard Form (SF) 1443, Contractor\'s
Request for Progress Payment, and the contractor\'s invoice (if
applicable). The Contracting Officer\'s office is the designated billing
office for progress payments for purposes of the Prompt Payment clause.

**(End of clause)**

**1852.233-70 Protests to NASA.**

As prescribed in 1833.106-70, insert the following provision:

**PROTESTS TO NASA**

**(OCTOBER 2002)**

Potential bidders or offerors may submit a protest under 48 CFR Part 33
(FAR Part 33) directly to the Contracting Officer. As an alternative to
the Contracting Officer\'s consideration of a protest, a potential
bidder or offeror may submit the protest to the Assistant Administrator
for Procurement, who will serve as or designate the official responsible
for conducting an independent review. Protests requesting an independent
review shall be addressed to Assistant Administrator for Procurement,
NASA Code H, Washington, DC 20546-0001.

**(End of provision)**

**1852.235-70 Center for AeroSpace Information.**

As prescribed in 1835.070(a), insert the following clause:

**CENTER FOR AEROSPACE INFORMATION**

**(FEBRUARY 2003)**

\(a\) The Contractor should register with and avail itself of the
services provided by the NASA

Center for AeroSpace Information (CASI) (http://www.sti.nasa.gov) for
the conduct of research or research and development required under this
contract. CASI provides a variety of services and products as a NASA
repository and database of research information, which may enhance
contract performance.

\(b\) Should the CASI information or service requested by the Contractor
be unavailable or not

in the exact form necessary by the Contractor, neither CASI nor NASA is
obligated to search for or change the format of the information. A
failure to furnish information shall not entitle the Contractor to an
equitable adjustment under the terms and conditions of this contract.

\(c\) Information regarding CASI and the services available can be
obtained at the Internet address contained in paragraph (a) of this
clause or at the following address.

> Center for AeroSpace Information (CASI)

7121 Standard Drive

Hanover, Maryland 21076-1320

Email: help@sti.nasa.gov

Phone: 301-621-0390

FAX: 301-621-0134

**(End of clause)**

1852.235-71 Key Personnel and Facilities.

As prescribed in 1835.070(b), insert the following clause:

**KEY PERSONNEL AND FACILITIES**

**(MARCH 1989)**

\(a\) The personnel and/or facilities listed below (or specified in the
contract Schedule) are considered essential to the work being performed
under this contract. Before removing, replacing, or diverting any of the
listed or specified personnel or facilities, the Contractor shall (1)
notify the Contracting Officer reasonably in advance and (2) submit
justification (including proposed substitutions) in sufficient detail to
permit evaluation of the impact on this contract.

\(b\) The Contractor shall make no diversion without the Contracting
Officer\'s written consent; [provided]{.underline}, that the Contracting
Officer may ratify in writing the proposed change, and that ratification
shall constitute the Contracting Officer\'s consent required by this
clause.

\(c\) The list of personnel and/or facilities (shown below or as
specified in the contract Schedule) may, with the consent of the
contracting parties, be amended from time to time during the course of
the contract to add or delete personnel and/or facilities.

\[List here the personnel and/or facilities considered essential, unless
they are specified in the contract Schedule.\]

**(End of clause)**

**1852.235-72 Instructions for Responding to NASA Research
Announcements.**

As prescribed in 1835.070(c), insert the following provision:

**INSTRUCTIONS FOR RESPONDING TO NASA RESEARCH ANNOUNCEMENTS**

**(DECEMBER 2005)**

\(a\) **General.**

\(1\) Proposals received in response to a NASA Research Announcement
(NRA) will be used only for evaluation pur­poses. NASA does not allow a
proposal, the contents of which are not available without restriction
from another source, or any unique ideas submitted in response to an NRA
to be used as the basis of a solicitation or in negotiation with other
organizations, nor is a pre-award synop­sis published for individual
proposals.

\(2\) A solicited proposal that results in a NASA award becomes part of
the record of that transaction and may be available to the public on
specific request; however, infor­mation or material that NASA and the
awardee mutually agree to be of a privi­leged nature will be held in
confidence to the extent permitted by law, including the Freedom of
Information Act.

\(3\) NRAs contain programmatic information and certain requirements
which apply only to proposals prepared in response to that particular
announcement. These in­structions contain the general proposal
preparation information which applies to responses to all NRAs.

\(4\) A contract, grant, cooperative agree­ment, or other agreement may
be used to accomplish an effort funded in response to an NRA. ­NASA will
determine the appropriate award instrument. Contracts resulting from
NRAs are subject to the Federal Acquisition Regulation and the NASA FAR
Supplement. Any proposal from a large business concern that may result
in the award of a contract, which exceeds \$5,000,000 and has
subcontracting possibilities should include a small business
subcontracting plan in accordance with the clause at FAR 52.219-9, Small
Business Subcontracting Plan. (Subcontract plans for contract awards
below \$5,000,000, will be negotiated after selection.) Any resultant
grants or cooperative agreements will be awarded and administered in
accor­dance with the NASA Grant and Coopera­tive Agreement Handbook (NPR
5800.1).

\(5\) NASA does not have mandatory forms or formats for re­sponses to
NRAs; however, it is requested that proposals conform to the guidelines
in these instructions. NASA may accept proposals without discussion;
hence, proposals should initially be as complete as possible and be
submitted on the proposers\' most favorable terms.

\(6\) To be considered for award, a submission must, at a minimum,
present a specific project within the areas delineated by the NRA;
contain sufficient technical and cost information to permit a meaningful
evalu­ation; be signed by an official autho­rized to legally bind the
submitting organization; not merely offer to perform standard services
or to just provide computer facilities or services; and not
significantly duplicate a more specific current or pending NASA
solicitation.

\(b\) **NRA-Specific Items.** Several proposal submission items appear
in the NRA itself: the unique NRA identifier; when to submit proposals;
where to send proposals; number of copies required; and sources for more
information. Items included in these instructions may be supplemented by
the NRA.

\(c\) The following information is needed to permit consideration in an
objective manner. NRAs will generally specify topics for which
additional information or greater detail is desirable. Each proposal
copy shall contain all submitted material, including a copy of the
transmittal letter if it contains substantive information.

\(1\) **Transmittal Letter or Prefatory** **Materi­al.**

\(i\) The legal name and address of the organization and specific
division or cam­pus identification if part of a larger organi­zation;

\(ii\) A brief, scientifically valid project title intelligible to a
scientifically literate reader and suitable for use in the public press;

\(iii\) Type of organization: e.g., profit, nonprofit, educational,
small business, minority, women-owned, etc.;

\(iv\) Name and telephone number of the principal investigator and
business person­nel who may be contacted during evalua­tion or
negotiation;

\(v\) Identification of other organi­zations that are currently
evaluating a proposal for the same efforts;

\(vi\) Identification of the NRA, by number and title, to which the
proposal is responding;

\(vii\) Dollar amount requested, desired starting date, and duration of
pro­ject;

\(viii\) Date of submission; and

\(ix\) Signature of a responsible official or authorized representative
of the organi­zation, or any other person authorized to legally bind the
organization (unless the signature appears on the proposal itself).

\(2\) **Restriction on Use and Disclosure of** **Proposal Information.**
Information con­tained in proposals is used for evaluation purposes only.
Offerors or quoters should, in order to maximize protection of trade
secrets or other information that is confidential or privileged, place
the following notice on the title page of the proposal and specify the
information subject to the notice by inserting an appropri­ate
identification in the notice. In any event, information contained in
proposals will be protected to the extent permitted by law, but NASA
assumes no liability for use and disclosure of information not made
subject to the notice.

**Notice**

**Restriction on Use and Disclosure** **of Proposal Information**

The information (data) contained in \[[insert page numbers or other
identification]{.underline}\] of this proposal constitutes a trade
secret and/or information that is commercial or financial and
confidential or privileged. It is furnished to the Government in
confi­dence with the understanding that it will not,

without permission of the offeror, be used or disclosed other than for
evaluation purposes; provided, however, that in the event a contract (or
other agreement) is awarded on the basis of this proposal the Government
shall have the right to use and disclose this information (data) to the
ex­tent provided in the contract (or other agreement). This restriction
does not limit the Government\'s right to use or disclose this
information (data) if obtained from another source without restriction.

\(3\) **Abstract.** Include a concise (200-300 word if not otherwise
specified in the NRA) abstract describing the objective and the method
of approach.

\(4\) **Project Description.**

\(i\) The main body of the proposal shall be a detailed statement of the
work to be undertaken and should include objectives and expected
significance; relation to the present state of knowledge; and relation
to previous work done on the pro­ject and to related work in progress
else­where. The statement should outline the plan of work, including the
broad design of experiments to be undertaken and a description of
experimental methods and procedures. The project de­scription should
address the evaluation factors in these instructions and any spe­cific
factors in the NRA. Any substantial collaboration with individuals not
referred to in the budget or use of consultants should be described.
Subcontracting significant portions of a research project is
discouraged.

\(ii\) When it is expected that the effort will require more than one
year, ­the proposal should cover the complete project to the extent that
it can be reason­ably anticipated. Principal emphasis should be on the
first year of work, and the description should distin­guish clearly
between the first year\'s work and work planned for subsequent years.

\(5\) **Management Approach.** For large or complex efforts involving
interactions among numerous individuals or other organizations, plans
for distri­bution of responsibilities and ­ar­rangements for ensuring a
coordi­nated effort should be described.

\(6\) **Personnel.** The principal investigator is responsible for
supervision of the work and partici­pates in the conduct of the re­search
regard­less of whether or not compensated under the award. A short
bio­graphical sketch of the prin­cipal investiga­tor, a list of principal
publications and any exceptional qualifi­cations should be includ­ed. Omit
social security number and other personal items which do not merit
consider­ation in evaluation of the proposal. Give similar biographical
information on other senior professional personnel who will be di­rectly
associated with the project. Give the names and titles of any other
scien­tists and technical personnel associated substan­tially with the
project in an advisory capac­ity. Universities should list the
approxi­mate number of students or other assistants, together with
information as to their level of academic attainment. Any special
industry-university cooperative arrange­ments should be described.

\(7\) **Facilities and Equipment.**

\(i\) Describe available facilities and major items of equipment
especially adapt­ed or suited to the proposed project, and any additional
major equipment that will be required. Identify any Government-owned
facilities, industrial plant equip­ment, or special tooling that are
proposed for use. Include evidence of its availability and the cognizant
Government points of contact.

\(ii\) Before requesting a major item of capital equipment, the proposer
should determine if sharing or loan of equipment already within the
organization is a feasible alternative. Where such ar­rangements cannot
be made, the proposal should so state. The need for items that typically
can be used for research and non-research purposes should be explained.

\(8\) **Proposed Costs (U.S. Proposals Only).**

\(i\) Proposals should contain cost and technical parts in one volume:
do not use separate \"confidential\" salary pages. As applicable,
include separate cost estimates for salaries and wages; fringe benefits;
equipment; expendable materials and sup­plies; services; domestic and
foreign travel; ADP expenses; publication or page charges; consultants;
subcontracts; other miscella­neous identifiable direct costs; and
indirect costs. List salaries and wages in appropri­ate organizational
categories (e.g., principal investigator, other scientific and
engineer­ing professionals, graduate students, re­search assistants, and
technicians and other non-professional personnel). Estimate all staffing
data in terms of staff-months or fractions of full-time.

\(ii\) Explanatory notes should accompa­ny the cost proposal to provide
identifica­tion and estimated cost of major capital equipment items to be
acquired; purpose and estimated number and lengths of trips planned;
basis for indirect cost computation (including date of most recent
negotiation and cognizant agency); and clarification of other items in
the cost proposal that are not self-evident. List estimated expenses as
yearly requirements by major work phases.

\(iii\) Allowable costs are governed by FAR Part 31 and the NASA FAR
Supplement Part 1831 (and OMB Circulars A-21 for educational
institutions and A-122 for nonprofit organizations).

\(iv\) Use of NASA funds\--NASA funding may not be used for foreign
research efforts at any level, whether as a collaborator or a
subcontract. The direct purchase of supplies and/or services, which do
not constitute research, from non-U.S. sources by U.S. award recipients
is permitted. Additionally, in accordance with the National Space
Transportation Policy, use of a non-U.S. manufactured launch vehicle is
permitted only on a no-exchange-of-funds basis.

\(9\) **Security.** Proposals should not contain security classi­fied
material. If the research requires access to or may generate security
classified informa­tion, the submit­ter will be required to comply with
­Government securi­ty regulations.

\(10\) **Current Support.** For other current projects being con­ducted
by the principal investigator, provide title of project, sponsoring
agency, and ending date.

\(11\) **Special Matters.**

\(i\) Include any required statements of environmental impact of the
research, human subject or animal care provisions, conflict of interest,
or on such other topics as may be required by the nature of the effort
and current statutes, executive or­ders, or other current Government-wide
guidelines.

\(ii\) Identify and discuss risk factors and issues throughout the
proposal where they are relevant, and your approach to managing these
risks.

\(iii\) Proposers should include a brief description of the
organization, its facili­ties, and previous work experience in the field
of the proposal. Identify the cogni­zant Government audit agency,
inspection agency, and administrative contracting officer, when
applicable.

\(d\) **Renewal Proposals.**

\(1\) Renewal proposals for existing awards will be considered in the
same manner as proposals for new endeavors. A renewal proposal should
not repeat all of the information that was in the

original proposal. The renewal proposal should refer to its predecessor,
update the parts that are no longer current, and indicate what elements
of the research are expected to be covered during the period for which
support is desired. A description of any significant findings since the
most recent progress report should be included. The renewal proposal
should treat, in rea­sonable detail, the plans for the next period,
contain a cost estimate, and otherwise ad­here to these instructions.

\(2\) NASA may renew an effort either through amendment of an existing
contract or by a new award.

\(e\) **Length.** Unless otherwise specified in the NRA, effort should
be made to keep propos­als as brief as possible, concentrating on
substantive material. F­­ew proposals need exceed 15-20 pages. Necessary
detailed infor­mation, such as reprints, should be included as
attachments. A complete set of attach­ments is necessary for each copy of
the proposal. As proposals are not returned, avoid use of
\"one-of-a-kind\" attachments.

\(f\) **Joint Proposals.**

\(1\) Where multiple organizations are involved, the proposal may be
submitted by only one of them. It should clearly describe the role to be
played by the other organizations and indicate the legal and managerial
arrangements contem­plated. In other instances, simultaneous submission
of related proposals from each organization might be appropriate, in
which case parallel awards would be made.

\(2\) Where a project of a cooperative nature with NASA is contemplated,
describe the contributions expect­ed from any participating NASA
investiga­tor and agency facilities or equipment which may be required.
The proposal must be confined only to that which the proposing
organization can com­mit itself. \"Joint\" proposals which specify the
internal arrangements NASA will actually make are not acceptable as a
means of establishing an agency commit­ment.

\(g\) **Late Proposals.** Proposals or proposal modifications received
after the latest date specified for receipt may be considered if a
significant reduction in cost to the Government is probable or if there
are significant technical advantages, as compared with proposals
previously received.

\(h\) **Withdrawal.** Proposals may be withdrawn by the propos­er at any
time before award. Offerors are requested to notify NASA if the proposal
is funded by another organization or of other changed circumstances
which dictate termination of evaluation.

\(i\) **Evaluation Factors.**

\(1\) Unless otherwise specified in the NRA, the principal elements (of
approximately equal weight) considered in evaluating a proposal are its
relevance to NASA\'s objec­tives, intrinsic merit, and cost.

\(2\) Evaluation of a proposal\'s relevance to NASA\'s objectives
includes the consider­ation of the potential contribution of the effort
to NASA\'s mission.

\(3\) Evaluation of its intrinsic merit includes the consideration of
the following factors of equal importance:

\(i\) Overall scientific or technical merit of the proposal or unique
and innovative methods, approaches, or concepts demon­strated by the
proposal.

\(ii\) Offeror\'s capabilities, related experience, facilities,
techniques, or unique combinations of these which are integral factors
for achieving the proposal objec­tives.

\(iii\) The qualifications, capabilities, and experience of the proposed
principal investigator, team leader, or key personnel critical in
achieving the proposal objectives.

\(iv\) Overall standing among similar proposals and/or evaluation
against the state-of-the-art.

\(4\) Evaluation of the cost of a proposed effort may include the
realism and reasonableness of the proposed cost and available funds.

\(j\) **Evaluation Techniques.** Selection decisions will be made
follow­ing peer and/or scientific review of the propos­als. Several
evaluation techniques are regularly used within NASA. In all cases
proposals are subject to scientific review by discipline special­ists in
the area of the proposal. Some proposals are reviewed entirely in-house,
others are evaluated by a combination of in-house and selected external
reviewers, while yet others are subject to the full external peer review
tech­nique (with due regard for conflict-of-interest and protection of
proposal informa­tion), such as by mail or through assembled panels. The
final decisions are made by a NASA selecting official. A proposal which
is scientifically and programmati­cally meritorious, but not selected for
award

during its initial review, may be included in subsequent reviews unless
the proposer requests other­wise.

\(k\) **Selection for Award.**

\(1\) When a proposal is not selected for award, the proposer will be
noti­fied. NASA will explain generally why the proposal was not selected.
Proposers desir­ing additional information may contact the selecting
official who will arrange a de­briefing.

\(2\) When a proposal is selected for award, negotiation and award will
be handled by the procurement office in the funding installation. The
proposal is used as the basis for negotiation. The con­tracting officer
may re­quest certain busi­ness data and may for­ward a model award
instrument and other informa­tion pertinent to negotiation.

\(l\) **Additional Guidelines Applicable to Foreign Proposals and
Proposals Including Foreign Participation.**

\(1\) NASA welcomes proposals from outside the U.S. However, foreign
entities are generally not eligible for funding from NASA. Therefore,
unless otherwise noted in the NRA, proposals from foreign entities
should not include a cost plan unless the proposal involves
collaboration with a U.S. institution, in which case a cost plan for
only the participation of the U.S. entity must be included. Proposals
from foreign entities and proposals from U.S. entities that include
foreign participation must be endorsed by the respective government
agency or funding/sponsoring institution in the country from which the
foreign entity is proposing. Such endorsement should indicate that the
proposal merits careful consideration by NASA, and if the proposal is
selected, sufficient funds will be made available to undertake the
activity as proposed.

\(2\) All foreign proposals must be typewritten in English and comply
with all other submission requirements stated in the NRA. All foreign
proposals will undergo the same evaluation and selection process as
those originating in the U.S. All proposals must be received before the
established closing date. Those received after the closing date will be
treated in accordance with paragraph (g) of this provision. Sponsoring
foreign government agencies or funding institutions may, in exceptional
situations, forward a proposal without endorsement if endorsement is not
possible before the announced closing date. In such cases, the NASA
sponsoring office should be advised when a decision on endorsement can
be expected.

\(3\) Successful and unsuccessful foreign entities will be contacted
directly by the NASA sponsoring office. Copies of these letters will be
sent to the foreign sponsor. Should a foreign proposal or a U.S.
proposal with foreign participation be selected, NASA\'s Office of
External Relations will arrange with the foreign sponsor for the
proposed participation on a no-exchange-of-funds basis, in which NASA
and the non-U.S. sponsoring agency or funding institution will each bear
the cost of discharging their respective responsibilities.

\(4\) Depending on the nature and extent of the proposed cooperation,
these arrangements may entail:

\(i\) An exchange of letters between NASA and the foreign sponsor**;**
or

\(ii\) A formal Agency-to-Agency Memorandum of Understanding (MOU).

\(m\) **Cancellation of NRA.** NASA reserves the right to make no awards
under this NRA and to cancel this NRA. NASA assumes no liability for
canceling the NRA or for anyone\'s failure to receive actual notice of
cancellation.

**(End of provision)**

**1852.235-73 Final Scientific and Technical Reports**.

As prescribed in 1835.070(d) insert the following clause:

**Final Scientific and Technical Reports**

**(DECEMBER 2005)**

\(a\) The Contractor shall submit to the Contracting Officer a final
report that summarizes the

results of the entire con­tract, including recom­menda­tions and
conclusions based on the experience and results obtained. The final
report should include tables, graphs, diagrams, curves, sketches,
photo­graphs, and drawings in sufficient detail to explain
comprehensively the results achieved under the contract.

\(b\) The final report shall be of a quality suitable for publication
and shall follow the formatting and stylistic guidelines contained in
NPR 2200.2, Guidelines for Documentation, Approval, and Dissemination of
NASA Scientific and Technical Information. Electronic formats for
submission of reports should be used to the maximum extent practical.
Before electronically submitting reports containing scientific and
technical information (STI) that is export-controlled or limited or
restricted, contact the Contracting Officer to determine the
requirements to electronically transmit these forms of STI. If
appropriate electronic safeguards are not available at the time of
submission, a paper copy or a CD-ROM of the report shall be required.
Information regarding appropriate electronic formats for final reports
is available at http://www.sti.nasa.gov under "Publish STI -- Electronic
File Formats."

\(c\) The last page of the final report shall be a completed Standard
Form (SF) 298, Report Documentation Page.

\(d\) In addition to the final report submitted to the Contracting
Officer, the Contractor shall concurrently provide to the Center
STI/Publication Manager and the NASA Center for AeroSpace Information
(CASI) a copy of the letter transmitting the final report to the
Contracting Officer. The copy of the letter shall be submitted to CASI
at the following address:

Center for AeroSpace Information (CASI)

> Attn: Acquisitions Collections Development Specialist

7121 Standard Drive

Hanover, Maryland 21076-1320

\(e\) In accordance with paragraph (d) of the Rights in Data \--General
clause (52.227-14) of this contract, the Contractor may publish, or
otherwise disseminate, data produced during the performance of this
contract, including data contained in the final report, and any
additional reports required by 1852.235-74 when included in the
contract, 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. Should the Contractor seek to publish or otherwise disseminate
the final report, or any additional reports required by 1852.235-74 if
applicable, as delivered to NASA under this contract, the Contractor may
do so once NASA has completed its document availability authorization
review, and availability of the report has been determined.

(End of clause)

**Alternate I**

**(FEBRUARY 2003)**

As prescribed by 1835.070(d)(1), insert the following as paragraph (e)
of the basic clause:

\(e\) The data resulting from this research activity is "fundamental
research" which will be broadly shared within the scientific community.
No foreign national access or dissemination restrictions apply to this
research activity. The Contractor may publish, release, or otherwise
disseminate data produced during the performance of this contract,
including the final report, without prior review by NASA for export
control or national security purposes. However, NASA retains the right
to review the final report to ensure that proprietary information, which
may have been provided to the Contractor, is not released without
authorization and for consistency with NASA publication standards.
Additionally, the Contractor is responsible for reviewing any
publication, release, or dissemination of the data for conformance with
other restrictions expressly set forth in this contract, and to the
extent it receives or is given access to data necessary for the
performance of the contract which contain restrictive markings, for
compliance with such restrictive markings.

## 

## Alternate II

**(DECEMBER 2005)**

As prescribed by 1835.070(d)(2), insert the following as paragraph (e)
of the basic clause:

\(e\) Data resulting from this research activity may be subject to
export control, national security restrictions or other restrictions
designated by NASA; or, to the extent the Contractor receives or is
given access to data necessary for the performance of the contract which
contain restrictive markings, may include proprietary information of
others. Therefore, the Contractor shall not publish, release, or
otherwise disseminate, except to NASA, data produced during the
performance of this contract, including data contained in the final
report and any additional reports required by 1852.235-74 when included
in the contract, without prior review by NASA. Should the Contractor
seek to publish, release, or otherwise disseminate data produced during
the performance of this contract, the Contractor may do so once NASA has
completed its document availability authorization review and the
availability of the data has been determined.

\(f\) All publications of any material based on or developed under NASA
sponsored projects shall include an acknowledgement similar to the
following:

> "The material is based upon work supported by the National Aeronautics
> and Space Administration under Contract Number XXXX."

Except for articles or papers published in scientific, technical or
professional journals, the exposition of results from NASA supported
research shall also include the following disclaimer:

> \"Any opinions, findings, and conclusions or recommendations expressed
> in this material are those of the author(s) and do not necessarily
> reflect the views of the National Aeronautics and Space
> Administration.\"

# ALTERNATE III

# (JANUARY 2005)

As prescribed by 1835.070(d)(3), insert the following as paragraph (e)
of the basic clause:

  (e) 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.

1852.235-74 Additional Reports of Work \-- Research and Development.

As prescribed in 1835.070(e), insert a clause substantially the same as
the following:

## ADDITIONAL REPORTS OF WORK \-- RESEARCH AND DEVELOPMENT

**(FEBRUARY 2003)**

In addition to the final report required under this contract, the
Contractor shall submit the following report(s) to the Contracting
Officer:

(a) *Monthly progress reports*. The Contractor shall submit separate
monthly reports of all work accomplished during each month of contract
performance. Re­ports shall be in narrative form, brief, and informal.
They shall include a quantitative descrip­tion of progress, an indication
of any current prob­lems that may impede performance, proposed correc­tive
action, and a discussion of the work to be performed during the next
monthly reporting period

\(b\) *Quarterly progress reports*. The Contractor shall submit separate
quarterly reports of all work accomplished during each three-month
period of contract performance. In addition to factual data, these
reports should include a separate analysis section interpreting the
results obtained, recommend­ing further action, and relating occurrences
to the ulti­mate objectives of the contract. Sufficient dia­grams,
sketches, curves, photographs, and drawings should be included to convey
the intended meaning.

\(c\) *Submission dates*. Monthly and quarterly reports shall be
submitted by the 15^th^ day of the month following the month or quarter
being reported. If the contract is awarded beyond the middle of a month,
the first monthly report shall cover the period from award until the end
of the following month. No monthly report need be submitted for the
third month of contract effort for which a quarterly report is required.
No quarterly report need be submitted for the final three months of
contract effort since that period will be covered in the final report.
The final report shall be submitted within \_\_\_\_days after the
completion of the effort under the contract.

**(End of clause)**

1852.236-71 Additive or Deductive Items.

As prescribed in 1836.570(a), insert the following provision:

**ADDITIVE OR DEDUCTIVE ITEMS**

**(MARCH 1989)**

\(a\) The low bidder for purposes of award shall be the conforming
responsible bidder offering the low aggregate amount for the first or
base bid item, plus or minus (in order of priority listed in the
Schedule) those additive or deductive bid items providing the most
features of the work within the funds determined by the Government to be
available before bids are opened. If addition of another bid item in the
listed order of priority would make the award exceed those funds for all
bidders, it shall be skipped and the next subsequent additive bid item
in a lower amount shall be added for each bid if award on it can be made
within the funds.

\(b\) An example for one bid is an amount available of \$100,000, a
bidder\'s base bid of \$85,000, and four successive additives of
\$10,000, \$8,000, \$6,000, and \$4,000. In this example,