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Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

**PN 04-20**

**December 8, 2006**

**ADMINISTRATIVE CHANGES**

***BACKGROUND*:**  This Procurement Notice (PN) revises the NASA FAR
Supplement (NFS) to make the following administrative changes:

1\. The "Head of the contracting activity" definition in 1802.101 is
revised to reflect an organizational change.

2\. The dollar thresholds in 1805.303(a)(i), 1819.7103, 1819.7219(a)(2),
1825.400(b), and 1828.103-70(a)(2) are revised to reflect the recent FAR
changes made by Federal Acquisition Circular 2005-13 to adjust
acquisition-related thresholds for inflation.

3\. Subpart 1827.6, Foreign License and Technical Assistance Agreements,
and the clause at 1852.227-87, Transfer of Technical Data Under Space
Station International Agreements, are deleted. This subpart and clause
were developed for the Space Station Freedom Program, which was
cancelled in 1993. In February 2000, the related subject matter was
addressed for all NASA programs and projects (including the
International Space Station Program) in the clause at 1852.225-70,
Export Licenses, and its associated guidance at 1825.1103-70.

4\. The address for the Center for AeroSpace Information (CASI) in the
clauses at 1852.235-70, Center for AeroSpace Information, and
1852.235-73, Final Scientific and Technical Reports, are corrected by
deleting the street address and substituting the CASI url.

***ACQUISITIONS AFFECTED BY CHANGES***: None. 

***ACTION REQUIRED BY CONTRACTING OFFICERS***: Advise all contractors
whose contracts include the clause at 1852.235-70 or 1852.235-73 of the
new CASI address. Modify those contracts to incorporate the new
clause(s) if the period of performance will extend beyond October 31,
2007.  

***PROVISION AND CLAUSE CHANGES***: 1852.227-87 is deleted. 1852.235-70
and 1852.235-73 are revised. 

***PARTS AFFECTED***:  Parts 1802, 1805, 1819, 1825, 1827, 1828, and
1852.

***REPLACEMENT PAGES***:  You may use the enclosed pages to replace Part
1802, 5:1, 5:2, 19:7, 19:8, 19:13, 19:14, 25:1, 25:2, Part 1827, 28:1,
28:2, 52:1, 52:2, 52:77, 52:78, 52:79, 52:84.1, 52:84.2, and 52-117 thru
52-122 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE***:  The PN was published as a
final rule in the Federal Register (71 FR 71072 - 71073) on December 8,
2006.

***HEADQUARTERS CONTACT***:  Tom O'Toole, Office of Procurement,
Contract Management Division, (202) 358-0478, email:
Thomas.otoole@nasa.gov.

James A. Balinskas

Director, Contract Management Division

Enclosures

 

**DISTRIBUTION LIST:**

**  PN List** 

PART 1802

**DEFINITIONS OF WORDS AND TERMS**

**TABLE OF CONTENTS**

1802.000 Scope of part.

**SUBPART 1802.1 DEFINITIONS**

1802.101 Definitions.

**PART 1802**

**DEFINITIONS OF WORDS AND TERMS**

**1802.000 Scope of part.**

Commonly used words and terms are defined in FAR Subpart 2.1. This Part
1802 gives NASA-specific meanings for some of these words and terms and
defines other words and terms commonly used in the NASA acquisition
process.

**Subpart 1802.1\--Definitions**

**1802.101 Definitions.**

**"Administrator"** means the Administrator or Deputy Administrator of
NASA.

**"Senior Procurement Executive"** means the Assistant Administrator or
Deputy Assistant Administrator for Procurement, Office of Procurement,
NASA Headquarters (Code H).

**"Contracting activity"** in NASA includes the NASA Headquarters
installation, the NASA Shared Services Center, and the following field
installations: Ames Research Center, Dryden Flight Research Center,
Glenn Research Center at Lewis Field, Goddard Space Flight Center,
Johnson Space Center, Kennedy Space Center, Langley Research Center,
Marshall Space Flight Center and Stennis Space Center. A major program
that may have contracts at multiple field centers may also be considered
a "contracting activity."

**"Head of the agency"** or **"agency head"** means the Administrator or
Deputy Administrator of NASA.

**"Head of the contracting activity (HCA)"** means, for field
installations, the Director or other head, and for NASA Headquarters,
the Director for Headquarters Operations. For Space Operations Mission
Directorate (SOMD) contracts, the HCA is the Associate Administrator for
SOMD in lieu of the field Center Director(s). For Exploration Systems
Mission Directorate (ESMD) contracts, the HCA is the Associate
Administrator for ESMD in lieu of the field Center Director(s). For NASA
Shared Services Center (NSSC) contracts, the HCA is the Executive
Director of the NSSC in lieu of the field Center Director(s).

**"Procurement officer"** means the chief of the contracting office, as
defined in FAR 2.101.

**"NASA Acquisition Internet Service (NAIS)"** means the Internet
service (URL: **http://procurement.nasa.gov)** NASA uses to broadcast
its business opportunities, procurement regulations, and associated
information.

PART 1805

# PUBLICIZING CONTRACT ACTIONS

**TABLE OF CONTENTS**

**SUBPART 1805.1 DISSEMINATION OF INFORMATION**

1805.101 Methods of disseminating information.

**SUBPART 1805.2 SYNOPSES OF PROPOSED CONTRACTS**

1805.207 Preparation and transmittal of synopses.

1805.207-70 Synopses of Architect-Engineer Services.

**SUBPART 1805.3 SYNOPSES OF CONTRACT AWARDS**

1805.303 Announcement of contract awards.

1805.303-70 Definitions.

1805.303-71 Actions requiring Administrator notification and NASA
Headquarters public announcement.

1805.303-72 Administrator notification and NASA Headquarters public

announcement procedures.

**SUBPART 1805.4 RELEASE OF INFORMATION**

1805.402 General public.

1805.403 Requests from Members of Congress.

**SUBPART 1805.5 PAID ADVERTISEMENTS**

1805.502 Authority.

**PART 1805**

# PUBLICIZING CONTRACT ACTIONS

# Subpart 1805.1\--Dissemination of Information

**1805.101 Methods of disseminating information.**

(b)(4) For NASA policy regarding paid advertisements, see 1805.502.

# Subpart 1805.2\--Synopses of Proposed Contracts

**1805.207 Preparation and transmittal of synopses.**

(a) Synopses shall be transmitted in accordance with 1804.570.

(c)(14) Notices for non-competitive solicitations, including
non-competitive follow-on actions to contracts initially awarded
utilizing full and open competition, shall provide sufficient
information regarding the proposed requirement to allow potential
sources to determine whether they possess the requisite capabilities and
to make an informed business decision regarding whether to respond.

**1805.207-70 Synopses of Architect-Engineer Services.**

\(a\) *Architect-Engineer Services.*

\(1\) Each notice publicizing the acquisition of architect-engineer
services shall be headed *\"C. Architect-Engineer Services.\"*

\(2\) In addition to meeting the requirements of [FAR
5.207(c)](http://www.arnet.gov/far/current/html/Subpart 5_2.html#wp1107980)**,**
the project description shall\--

\(i\) State the relative importance the Government attaches to the
significant evaluation criteria and the date by which responses to the
notice must be received, including submission of Standard Form 330, Part
I -- Contract Specific Qualifications, if required;

\(ii\) Describe any specialized qualifications, security
classifications, and limitations on eligibility for consideration;

\(iii\) Describe qualifications or performance data required from
architect-engineer firms; and

\(iv\) If the acquisition is to be set aside for small business, state
this fact, indicating the specific size standard to be used and
requiring that eligible responding firms submit a small business
representation.

\(3\) Contracting officers shall add at the end of the synopsis:

See Note 24. Provisions of Note 24 apply to this notice except that (a)
in the sentence beginning \"Selection of firms for negotiations,\" the
fourth additional consideration listed is changed to read: \"(4) past
experience, if any, of the firm with respect to performance on contracts
with NASA, other Government agencies, and private industry;\" and (b) in
the last sentence, \"National Aeronautics and Space Administration\" is
substituted for \"Department of Defense.\"

# Subpart 1805.3\--Synopses of Contract Awards

**1805.303 Announcement of contract awards.**

(a)**(i)** In lieu of the \$3.5 million threshold cited in FAR 5.303(a),
NASA Headquarters public announcement is required for award of contract
actions that have a total anticipated value,

including unexercised options, of \$5 million or greater.

**1805.303-70 Definitions.**

**"Anticipated values,"** as used in this subpart, means:

\(a\) The estimated value of the contract (including unexercised
options),

\(b\) The expected definitized value of a letter contract or
undefinitized contract action; or

\(c\) The maximum value of the basic contract for indefinite delivery
contracts, time and material, labor hour, and similar contracts.

**\"Contract actions,\"** as used in this subpart, means new awards
(including letter contracts).

**1805.303-71 Actions requiring Administrator notification and NASA
Headquarters public announcements.**

(a)(1) All contract actions with anticipated values of \$25 million or
greater require Administrator notification.

\(2\) All contract actions with an anticipated value, including
unexercised options, of \$5 million or greater require NASA Headquarters
public announcements. In addition, an option exercise \$25 million or
greater requires a NASA Headquarters public announcement.

\(3\) If the contracting officer considers that a contract action or
other action at any dollar amount is of significant interest to
Headquarters or has agency public information implications,

\(b\) The contracting officer shall insert the clause at 1852.219-75,
Small Business Subcontracting Reporting, in solicitations and contracts
containing the clause at FAR 52.219-9, except for contracts covered by
an approved commercial plan.

**Subpart** **1819.8\--Contracting with the Small Business
Administration**

**(The 8(a) Program)**

**1819.804** **Evaluation, offering, and** **acceptance.**

**1819.804-1 Agency evaluation.**

The small business specialist shall review and evaluate all acquisition
requirements to determine their suitability for offering to SBA for 8(a)
acceptance and make a recommendation to the contracting officer
concerning award to SBA.

**Subpart** **1819.10\--Small Business Competitiveness Demonstration
Program**

**1819.1005 Applicability.**

\(b\) The targeted industry categories for NASA and their North American
Industry Classification System (NAICS) codes are:

  -------------- --------------------------------------------------------
  **NAICS Code** **Industry Category**

  334111         Electronic Computer Manufacturing

  334418         Printed Circuit Assembly (Electronic Assembly)
                 Manufacturing

  334613         Magnetic and Optical Recording Media Manufacturing

  334119         Other Computer Peripheral Equipment Manufacturing

  33422          Radio and Television Broadcasting and Wireless
                 Communication Equipment Manufacturing

  336415         Guided Missile and Space Vehicle Propulsion Unit and
                 Propulsion Unit Parts Manufacturing

  336419         Other Guided Missile and Space Vehicle Parts and
                 Auxiliary Equipment Manufacturing

  334511         Search, Detection, Navigation, Guidance, Aeronautical,
                 and Nautical Systems and Instrument Manufacturing

  333314         Optical Instrument and Lens Manufacturing

  541511         Custom Computer Programming Services

  541512         Computer Systems Design Services

  51421          Data Processing Services

  541519         Other Computer Related Services
  -------------- --------------------------------------------------------

**Subpart** **1819.70\--NASA 8 Percent Goal**

**1819.7000 General.**

Public Laws 101-144, 101-507, and 102-389 require the NASA Administrator
to ensure, to the fullest extent possible, that at least 8 percent of
Federal funding for prime and subcontracts awarded in support of
authorized programs, including the space station by the time operational
status is obtained, be made available to small disadvantaged business
concerns, Historically Black Colleges and Universities, minority
institutions, and women-owned small business concerns.

**1819.7002 Contracting officer responsibility.**

\(a\) Contracting officers must seek out as potential sources small
disadvantaged business concerns, women-owned small business concerns,
historically black colleges or universities and minority institutions,
and give full consideration to these entities to satisfy NASA
requirements. The participation of NASA prime contractors is also
essential to meeting the Agency's 8 percent goal.

\(b\) NASA Policy Directive (NPD) 5000.2, Uniform Methodology for
Determination of Small Disadvantaged Subcontracting Goals, contains
guidance on developing realistic goals. It is applicable to acquisitions
expected to exceed \$50 million, including options. The methodology may
be used for lesser value acquisitions.

**1819.7003 Contract clause.**

The contracting officer shall insert the clause at 1852.219-76, NASA 8
Percent Goal, in all solicitations and contracts other than those below
the simplified acquisition threshold or when the contract, together with
all its subcontracts, is to be performed entirely outside of any State,
territory, or possession of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific
Islands.

**Subpart** **1819.71\--NASA Rural Area Small Business Plan**

**1819.7101 Definition.**

**\"Rural area\"** means a county with a population of fewer than twenty
thousand individuals.

**1819.7102 General.**

Pursuant to Public Law 100-590, NASA established a Rural Area Business
Enterprise Development Plan, including methods for encouraging prime and
subcontractors to use small business concerns located in rural areas as
subcontractors and suppliers. One method is to encourage the contractor
to use its best efforts to comply with the intent of the statute.

**1819.7103 Solicitation provision and** **contract clause.**

The contracting officer shall insert the clause at 1852.219-74, Use of
Rural Area Small Businesses, in solicitations and contracts that offer
subcontracting possibilities or that are expected to exceed \$550,000
(\$1,000,000 for construction of public facility) unless the contract,
together with all its subcontracts, is to be performed entirely outside
of any State, territory, or possession of

the United States, the District of Columbia, the Commonwealth of Puerto
Rico, and the Trust Territory of the Pacific Islands.

**Subpart** **1819.72\--NASA Mentor-Protégé Program**

**1819.7201 Scope of subpart**.

The NASA Mentor-Protégé Program is designed to incentivize NASA prime
contractors to assist small disadvantaged business (SDB) concerns,
Historically Black Colleges and Universities (HBCUs), minority
institutions (MIs), and women-owned small business (WOSB) concerns, in

\(c\) Procedures for a protégé firm to notify the mentor firm in writing
at least 30 days in advance of the protégé firm\'s intent to voluntarily
terminate the mentor-protégé agreement. The mentor shall notify the
OSDBU and the contracting officer immediately upon receipt of such
notice from the protégé;

\(d\) A description of the type of developmental program that will be
provided by the mentor firm to the protégé firm, to include a
description of the subcontract work, and a schedule for providing
assistance and criteria for evaluation of the protégé's developmental
success;

\(e\) A listing of the number and types of subcontracts to be awarded to
the protégé firm;

\(f\) Program participation term;

\(g\) Termination procedures;

\(h\) Plan for accomplishing work should the agreement be terminated;
and

\(i\) Other terms and conditions, as appropriate.

**1819.7214 Developmental assistance.**

The forms of developmental assistance a mentor can provide to a protégé
include:

\(a\) Management guidance relating to \--

\(1\) Financial management,

\(2\) Organizational management,

\(3\) Overall business management/planning, and

\(4\) Business development;

\(b\) Engineering and other technical assistance;

\(c\) Noncompetitive award of subcontracts under NASA contracts;

\(d\) Progress payments based on costs. The customary progress payment
rate for all NASA contracts with small disadvantaged businesses is 95
percent. This customary progress payment rate for small disadvantaged
businesses may be used by prime contractors;

\(e\) Advance payments. While a mentor can make advance payments to its
protégés who are performing as subcontractors, the mentor will only be
reimbursed by NASA for these costs if advance payments have been
authorized in accordance with 1832.409-170;

\(f\) Loans;

\(g\) Rent-free use of facilities and/or equipment; and

\(h\) Temporary assignment of personnel to the protégé for purpose of
training.

**1819.7215 Obligation**.

\(a\) The mentor or protégé may voluntarily withdraw from the Program as
mutually agreed by both mentor and protégé.

\(b\) Mentor and protégé firms will submit a \"lessons learned\"
evaluation to the NASA OSDBU at the conclusion of each NASA contract
subject to the approved Mentor-Protégé agreement.

**1819.7216 Internal controls.**

\(a\) The NASA OSDBU will manage the Program. Internal controls will be
established by the OSDBU to achieve the stated program objectives (by
serving as checks and balances against undesired actions or
consequences) such as:

\(1\) Reviewing and evaluating mentor applications for realism, validity
and accuracy of provided information;

\(2\) Reviewing any semi-annual progress reports submitted by mentors
and protégés on protégé development to measure protégé progress against
the master plan contained in the approved agreement.

\(3\) Site visits to NASA installation where mentor-protégé activity is
occurring.

\(b\) NASA may terminate mentor-protégé agreements for good cause and
exclude mentor or protégé firms from participating in the NASA program.
These actions shall be approved by the NASA OSDBU. NASA shall terminate
an agreement by delivering to the contractor a Notice specifying the
reason for termination and the effective date. Termination of an
agreement does not constitute a termination of the subcontract between
the mentor and the protégé. A plan for accomplishing the subcontract
effort should the agreement be terminated shall be submitted with the
agreement as required in NFS 1819.7213(h).

**1819.7217 Reports.**

\(a\) Semi-annual reports shall be submitted by the mentor to the NASA
Mentor-Protégé program manager, the NASA OSDBU, to include information
as outlined in 1852.219-79(b).

\(b\) Protégés are encouraged to submit semi-annual reports to the OSDBU
on Program progress pertaining to their mentor-protégé agreement.
However, costs associated with the preparation of these reports are
unallowable costs under Government contracts and will not be reimbursed
by the Government.

\(c\) The NASA technical program manager shall include an assessment of
the prime contractor\'s (mentor\'s) performance in the Mentor-Protégé
Program in a quarterly \'Strengths and Weaknesses\' evaluation report. A
copy of this assessment will be provided to the OSDBU and the
contracting officer.

\(d\) The NASA Mentor-Protégé program manager will submit semi-annual
reports to the cognizant contracting officer regarding the participating
prime contractor\'s performance in the Program for use in the award fee
determination process.

**1819.7218 Program review.**

At the conclusion of each year in the Mentor-Protégé Program, the prime
contractor and protégé, as appropriate, will formally brief the NASA
OSDBU, the technical program manager, and the contracting officer
regarding Program accomplishments pertaining to the approved agreement.
This review will be incorporated into the normal program review, where
applicable. A separate review will be scheduled for other contracts to
be held at the NASA work site location.

**1819.7219 Solicitation provision and contract clauses.**

\(a\) The contracting officer shall insert the clause at 1852.219-77,
NASA Mentor-Protégé Program, in:

\(1\) Cost reimbursement solicitations and contracts, or solicitations
and contracts with award fee incentives, that include the clause at FAR
52.219-9, Small Business Subcontracting Plan;

\(2\) Small business set-asides of the contract types in (a)(1) of this
section with values exceeding \$550,000 (\$1,000,000 for construction)
that offer subcontracting opportunities.

\(b\) The contracting officer shall insert the clause at 1852.219-79,
Mentor Requirements and Evaluation, in contracts where the prime
contractor is a participant in the NASA Mentor-Protégé Program.

PART 1825

**FOREIGN ACQUISITION**

**TABLE OF CONTENTS**

1825.003 Definitions.

1825.003-70 NASA definitions.

**SUBPART 1825.1 BUY AMERICAN ACT\--SUPPLIES**

1825.103 Exceptions

**SUBPART 1825.4 TRADE AGREEMENTS**

1825.400 Scope of subpart.

**SUBPART 1825.9 CUSTOMS AND DUTIES**

1825.901 Policy.

1825.903 Exempted supplies.

**SUBPART 1825.10 ADDITIONAL FOREIGN ACQUISITION**

**REGULATIONS**

1825.1001 Waiver of right to examination of records.

1825.1002 Use of foreign currency.

**SUBPART 1825.11 SOLICITATION PROVISIONS AND CONTRACT**

**CLAUSES**

1825.1101 Acquisition of Supplies.

1825.1103 Other provisions and clauses.

1825.1103-70 Export control.

**SUBPART 1825.70 FOREIGN CONTRACTS AND INTERNATIONAL**

**AGREEMENT CLEARANCES**

1825.7000 Scope of subpart.

1825.7001 Definition.

1825.7002 Foreign Contracts.

1825.7003 International Agreements.

**PART 1825**

**FOREIGN ACQUISITION**

**1825.003 Definitions.**

**1825.003-70 NASA definitions.**

**\"Canadian end product",** for an item with an estimated value of
\$25,000 or less, means an unmanufactured end product mined or produced
in Canada or an end product manufactured in Canada, if the cost of its
components mined, produced, or manufactured in Canada or the United
States exceeds 50 percent of the cost of all its components. The cost of
components includes transportation costs to the place of incorporation
into the end product. For an end product with an estimated value in
excess of \$25,000, the definition at FAR 25.003 applies.

**Subpart 1825.1\--Buy American Act\--Supplies**

**1825.103 Exceptions.**

(a)**(i)** The Assistant Administrator for Procurement has determined
that it is inconsistent with the public interest to apply restrictions
of the Buy American Act to Canadian end products with estimated values
of \$25,000 or less as defined in 1825.003-70. Accordingly, contracting
officers must evaluate all offers for such Canadian end products on a
parity with offers for domestic end products, except that applicable
duty (whether or not a duty free entry certificate may be issued) must
be included in evaluating offers for Canadian end products.

**(ii)** The Assistant Administrator for Procurement has determined that
for procurements subject to the Trade Agreements Act, it would be
inconsistent with the public interest to apply the Buy American Act to
U.S.-made end products that are substantially transformed in the United
States.

**(iii)** The procurement officer shall send proposed public interest
determinations to the Assistant Administrator for Procurement (Code HS)
for approval.

**Subpart** **1825.4\--Trade Agreements**

**1825.400 Scope of subpart.**

\(b\) The Buy American Act applies to all acquisitions of Japanese end
products or services in excess of \$3,000.

**Subpart** **1825.9\--Customs and Duties**

**1825.901 Policy.**

NASA has statutory authority to exempt certain articles from import
duties, including articles that will be launched into space, spare parts
for such articles, ground support equipment, and unique equipment used
in connection with an international program or launch service agreement.
This authority is fully described in 14 CFR 1217.

**1825.903 Exempted supplies.**

\(a\) Through delegation from the Assistant Administrator for
Procurement, Procurement Officers are authorized to certify duty free
entry for articles imported into the United States, if those articles
are procured by NASA or by other U.S. Government agencies, or by U.S.
Government contractors or subcontractors when title to the articles is
or will be vested in the U.S. Government in accordance with the terms of
the contract or subcontract. Procurement officers shall complete the
certification set forth in 14 CFR 1217.104(a) or 1217.104(c)

PART 1827

# PATENTS, DATA, AND COPYRIGHTS

# TABLE OF CONTENTS

1827.000 Scope of part.

**SUBPART 1827.3 PATENT RIGHTS UNDER** **GOVERNMENT CONTRACTS**

1827.301 Definitions.

1827.302 Policy.

1827.303 Contract clauses.

1827.303-70 NASA solicitation provisions and contract clauses.

1827.304 Procedures.

1827.304-1 General.

1827.304-2 Contracts placed by or for other Government agencies.

1827.304-3 Contracts for construction work or architect-engineer
services.

1827.304-4 Subcontracts.

1827.304-5 Appeals.

1827.305 Administration of the patent rights clauses.

1827.305-3 Follow-up by Government.

1827.305-370 NASA patent rights and new technology follow-up procedures.

1827.305-371 New technology reporting plan.

1827.305-4 Conveyance of invention rights acquired by the Government.

**SUBPART 1827.4 RIGHTS IN DATA AND COPYRIGHTS**

1827.404 Basic rights in data clause.

1827.405 Other data rights provisions.

1827.406 Acquisition of data.

1827.408 Cosponsored research and development activities.

1827.409 Solicitation provisions and contract clauses.

1827.409-70 NASA contract clause.

**PART 1827**

# PATENTS, DATA, AND COPYRIGHTS

**1827.000 Scope of part.**

This part prescribes NASA policies, procedures, and contract clauses
pertaining to patents, data, and copyrights. The provisions of FAR Part
27 apply to NASA acquisitions unless specifically excepted in this part.

**Subpart 1827.3\--Patent Rights Under Government Contracts**

**1827.301 Definitions.**

**\"Administrator,\"** as used in this subpart, means the Administrator
of NASA or a duly authorized repre­sentative.

**\"Contract,\"** as used in this subpart, means any actual or proposed
contract, agreement, understand­ing, or other arrangement, and includes
any assign­ment, substitution of parties, or subcontract executed or
entered into thereunder.

**\"Made,\"** in lieu of the definition in FAR 27.301, as used in this
subpart, means conceived or first actually reduced to practice;
provided, that in the case of a variety of plant, the date of
determina­tion (as defined in Section 41(d) of the Plant Variety
Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of
con­tract performance.

**\"Reportable item,\"** as used in this subpart, means any invention,
discovery, improvement, or innovation of the contractor, whether or not
patentable or otherwise protectible under Title 35 of the United States
Code, made in the performance of any work under any NASA contract or in
the performance of any work that is reimbursable under any clause in any
NASA contract providing for reimbursement of costs incurred before the
effective date of the contract. Reportable items include, but are not
limited to, new processes, machines, manufactures, and compositions of
matter, and improvements to, or new applications of, existing processes,
machines, manufactures, and compositions of matter. Reportable items
also include new computer programs, and improvements to, or new
applications of, existing computer programs, whether or not
copyrightable or otherwise protectible under Title 17 of the United
States Code.

**\"Subject invention,\"** in lieu of the definition in FAR 27.301, as
used in this subp­art, means any reportable item that is or may be
patent­able or otherwise protectible under Title 35 of the United States
Code, or any novel variety of plant that is or may be protectible under
the Plant Variety Protec­tion Act (7 U.S.C. 2321 et seq.).

**1827.302 Policy.**

\(a\) *Introduction.*

**(i)** NASA policy with respect to any invention, discovery,
improvement, or innovation made in the performance of work under any
NASA contract or subcon­tract with other than a small business firm or a
nonprofit organization and the alloca­tion of related property rights is
based upon Section 305 of the National Aeronau­tics and Space Act of
1958, as amended (42 U.S.C. 2457) (the Act); and, to the extent
consistent with this statute, the Presidential Memorandum on Government
Patent Policy to the Heads of Executive Departments and Agencies, dated
February 18, 1983, and Section 1(b)(4) of Executive Order 12591. NASA
policy with respect to any invention made in the performance of
experimental, developmental, or research work with a small busi­ness firm
or a nonprofit organiza­tion is based on 35 U.S.C. Chapter 18, as
amended.

**(ii)** NASA contracts subject to Section 305 of the Act shall ensure
the prompt reporting of reportable items in order to protect the
Government\'s interest and to provide widest practi­ca­ble and appro­priate
dissemination, early utilization, expeditious development, and continued
availability for the benefit of the scientific, industrial, and
commercial com­munities and the general public.

\(b\) *Contractor right to elect title.*

**(i)** For NASA contracts, the contractor right to elect title only
applies to contracts with small businesses and non-profit organizations.
For other business entities, see subdivision (ii) of this paragraph.

**(ii)** *Contractor right to request a waiver of title.* For NASA
contracts with other than a small business firm or a nonprofit
organization (contracts subject to Section 305 of the Act),it is the
policy of NASA to waive the rights (to acquire title) of the United
States (with the reservation of a Govern­ment license set forth in FAR
27.302(c) and the march-in rights of FAR 27.302(f) and 1827.302(f)) in
and to any subject in­vention if the Administra­tor determines that the
interests of the United States will be served. This policy, as well as
the proce­dures and instructions for such waiver of rights, is stated in
the NASA Patent Waiver Regula­tions, 14 CFR Section 1245, Subpart 1.
Waiver may be requested in advance of contract award for any or all of
the subject inven­tions, or for individual­ly identified subject
inventions reported under the contract. When waiver of rights is
grant­ed, the contractor\'s right to title, the rights reserved by the
Govern­ment, and other conditions and obliga­tions of the waiver shall be
included in an Instru­ment of Waiv­er executed by NASA and the party
receiv­ing the waiver.

**(iii)** It is also a policy of NASA to consid­er for a monetary award,
when referred to the NASA Inven­tions and Contributions Board, any
subject invention reported to NASA in accordance with this subpart, and
for which an application for patent has been filed.

\(c\) *Government license*. For each subject invention made in the
performance of work under a NASA contract with other than a small
business firm or nonprofit organization and for which waiver of rights
has been granted in accordance with 14 CFR Section 1245, Subpart 1, the
Administrator shall reserve an irrevocable, nonexclusive,
nontransferable, royalty-free license for the practice of such invention
throughout the world by or on behalf of the United States or any foreign
Government in accordance with any treaty or agreement of the United
States.

\(d\) *Government right to receive title.* Under any NASA contract with
other than a small business or nonprofit organization (i.e., those
contracts subject to Section 305(a) of the Act), title to subject
inventions vests in NASA when the determinations of Section 305(a)(1) or
305(a)(2) have been made. The Administrator may grant a waiver of title
in accordance with 14 CFR Section 1245.

\(e\) *Utilization reports.* For any NASA contract with other than a
small business firm or a nonprofit organiza­tion, the re­quirements for
utilization reports shall be as set forth in the NASA Patent Waiver
Regulations, 14 CFR Section 1245, Subpart 1, and any Instrument of
Waiver executed under those Regulations.

\(f\) *March-in rights.* For any NASA contract with other than a small
business firm or a nonprofit organiza­tion, the march-in rights shall be
as set forth in the NASA Patent Waiver Regulations, 14 CFR Section 1245,
Subpart 1, and any Instrument of Waiver executed under those
Regulations.

\(g\) *Preference for United States industry.* Waiver of the requirement
for the agreement for any NASA contract with other than a small busi­ness
firm or a nonprofit organization shall be in accor­dance with the NASA
Patent Waiver Regu­la­tions, 14 CFR Section 1245, Subpart 1.

\(i\) *Minimum rights to contractor.*

\(1\) For NASA contracts with other than a small business firm or a
nonprofit organiza­tion (i.e., those contracts subject to Section 305(a)
of the Act), where title to any subject inventions vests in NASA, the
contractor is normally granted, in accordance with 14 CFR 1245, a
revocable, nonexclusive, royalty-free license in each patent application
filed in any country and in any resulting patent. The license extends to
any of the contractor's domestic subsidiaries and affiliates within the
corporate structure, and includes the right to grant sublicenses of the
same scope to the extent the contractor was legally obligated to do so
at the time the contract was awarded. The license and right are
transferable only with the approv­al of the Administrator, except when
transferred to the succes­sor of that part of the contractor\'s business
to which the invention pertains.

\(2\) The Administrator is the approval authority for revoking or
modifying a license. The procedures for revocation or modification are
described in 37 CFR 404.10 and 14 CFR 1245.108.

**1827.303 Contract clauses.**

(a)(1)**(A)** See 1827.303-70(a).

**(B)** To qualify for the clause at FAR 52.227-11, a prospective
contractor may be required to represent itself as either a small
business firm or a nonprofit organization. If there is reason to
question the status of the prospective contractor, the contracting
officer may file a protest in accordance with FAR 19.302 if small
business firm status is questioned, or require the prospec­tive
contractor to furnish evidence of its status as a nonprofit
organization.

\(5\) Alternate IV to 52.227-11 is not used in NASA contracts. See
instead 1827.303-70(a).

(b)(1)(ii) FAR 52.227-12 is not used in NASA contracts. See instead
1827.303-70(b).

(c)(1)(ii) When work is to be performed outside the Untied States, its
possessions, and Puerto Rico by contractors that are not domestic firms,
see 1827.303-70(f).

\(2\) See 1827.303-70(b) and (f).

(d)(1) When one of the conditions in FAR 27.303(d)(1)(i) through (iv) is
met, the contracting officer shall consult with the installation
intellectual property counsel to determine the appropriate clause.

**1827.303-70 NASA solicitation provisions and contract clauses.**

\(a\) When the clause at [FAR
52.227-11](http://www.arnet.gov/far/current/html/52_227.html#1109081) is
includ­ed in a solicitation or contract, it shall be modified as set
forth at 1852.227-11.

\(b\) The contracting officer shall insert the clause at 1852.227-70,
New Technology, in all NASA solicitations and contracts with other than
a small business firm or a nonprofit organization (i.e., those subject
to section 305(a) of the Act), if the contract is to be performed in the
United States, its possessions, or Puerto Rico and has as a purpose the
performance of experi­mental, developmental, re­search, design, or
engineering work. Contracts for any of the fol­lowing purposes may be
considered to in­volve the performance of work of the type described
above (these examples are illus­trative and not limiting):

\(1\) Conduct of basic or applied research.

\(2\) Development, design, or manufacture for the first time of any
machine, article of manufacture, or composition of matter to satisfy
NASA\'s specifica­tions or special requirements.

\(3\) Development of any process or tech­nique for attaining a NASA
objective not readily attainable through the practice of a previously
developed process or technique.

\(4\) Testing of, evaluation of, or experi­mentation with a machine,
process, concept, or technique to determine whether it is suitable or
could be made suitable for a NASA objective.

\(5\) Construction work or architect-engineer services having as a
purpose the performance of experimental, developmental, or research work
or test and evalua­tion studies involving such work.

\(6\) The operation of facilities or the coordination and direction of
the work of others, if these activities involve perform­ing work of any
of the types de­scribed in paragraphs (1) through (5) of this section.

\(c\) The contracting officer shall insert the provision at 1852.227-71,
Requests for Waiver of Rights to Inventions, in all solici­tations that
include the clause at 1852.227-70, New Technology (see paragraph (b) of
this section).

\(d\) The contracting officer shall insert the clause at 1852.227-72,
Desig­nation of New Technology Representative and Patent Represen­tative,
in all solicitations and contracts containing either of the clauses at
[FAR
52.227-11](http://www.arnet.gov/far/current/html/52_227.html#1109081),
Patent Rights\--Retention by the Contractor (Short Form) or 1852.227-70,
New Technology (see paragraph (c) of this section). It may also be
inserted, upon consultation with the installation intellectual property
counsel, in solicitations and contracts using another patent rights
clause. The New Technology Representa­tive shall be the Technology
Utilization Officer or the staff member (by titled position) having
cognizance of tech­nology utilization matters for the installa­tion
concerned. The Patent Repre­sentative shall be the intellectual property
counsel (by titled posi­tion) having cogni­zance of patent matters for the
installa­tion concerned.

\(e\) The contract­ing officer shall insert the provision at 1852.227-84,
Patent Rights Clauses, in solici­tations for experimental, developmental,
or research work to be performed in the Unit­ed States, its possessions,
or Puerto Rico when the eventual awardee may be a small business or a
nonprofit organization.

\(f\) As authorized in FAR 27.303(c)(2), when work is to be performed
out­side the United States, its possessions, and Puerto Rico by
contractors that are not domestic firms, the clause at 1852.227-85,
Invention Reporting and Rights\--For­eign, shall be used unless the
contracting officer determines, with concurrence of the install­ation
intellectual property counsel, that the objectives of the contract would
be better served by use of the clause at FAR 52.227-13, Patent
Rights\-\--Acquisition by the Gov­ernment. For this purpose, the
contracting officer may presume that a contractor is not a domestic firm
unless it is known that the firm is not foreign owned, controlled, or
influenced. (See FAR 27.304-4(a**)** regarding subcontracts with U.S.
firms.)

**1827.304** **Procedures.**

**1827.304-1 General.**

\(a\) *Contractor appeals of exceptions.* In any contract with other
than a small busi­ness firm or nonprofit organization, the NASA Patent
Waiver Regulations, 14 CFR Section 1245, Subpart 1, shall apply.

\(b\) *Greater rights determinations.* In any con­tract with other than a
small business firm or a nonprofit organization and with respect to
which advance waiver of rights has not been granted (see 1827.302(b)),
the contractor (or an employee-inventor of the contractor after
consultation with the con­trac­tor) may request waiver of title to an
individ­ual identified subject invention pursuant to the NASA Patent
Waiver Regu­lations, 14 CFR Section 1245, Subpart 1.

\(c\) *Retention of rights by inventor.* The NASA Patent Waiver
Regulations, 14 CFR Section 1245, Subpart 1, apply for any invention
made in the performance of work under any contract with other than a
small business firm or a nonprofit organiza­tion.

\(f\) *Revocation or modification of contract­or\'s minimum rights.*
Revocation or modifi­ca­tion of the contractor\'s license rights (see
1827.302(i)(2)) shall be in accordance with 37 CFR 404.10, for subject
inventions made and reported under any contract with other than a small
business firm or a nonprofit organization.

\(g\) *Exercise of march-in rights.* For con­tracts with other than a
small business firm or a nonprofit organiza­tion, the procedures for the
exercise of march-in rights shall be as set forth in the NASA Patent
Waiver Regulations, 14 CFR Section 1245, Subpart 1.

\(h\) *Licenses and assignments under con­tracts with nonprofit
organizations.* The Headquarters Associate General Counsel (Intellectual
Property) (Code GP) is the approval authority for assignments.
Contracto­r requests should be made to the Patent Representative
designated in the clause at 1852.227-72 and forwarded, with
rec­ommendation, to Code GP for approval.

**1827.304-2 Contracts placed by or for other Government agencies.**

(a)(3) When a contract is placed for another agency and the agency does
not request the use of a specific patent rights clause, the contracting
officer, upon consultation with the installation intellectual property
counsel, may use the clause at FAR 52.227-11, Patent Rights\--Retention
by the Contractor (Short Form) as modified by 1852.227-11 (see
1827.303-70(a)) or 1852.227-70, New Technology (see 1827.303-70(b)).

**1827.304-3 Contracts for construction work or architect-engineer
services.**

\(a\) For construction or architect-engineer services contracts with
other than a small business or nonprofit organization, see
1827.303-70(b).

**1827.304-4 Subcontracts.**

(a)**(i)** Unless the con­tracting officer other­wise authorizes or
directs, contractors awar­ding subcontracts and subcontractors awar­ding
lower-tier subcontracts shall select and include one of the following
clauses, suit­ably modi­fied to identify the parties, in the indicated
subcon­tracts:

**(A)** The clause at 1852.227-70, New Technolo­gy, in any subcontract
with other than a small busi­ness firm or a nonprofit organization if a
purpose of the subcontract is the performance of experimental,
devel­opmental, research, design, or engineering work of any of the types
described in 1827.303-70(b)(1)-(6).

**(B)** The clause at FAR 52.227-11, Patent Rights\--Retention by the
Contractor (Short Form), modified by 1852.227-11 (see 1827.303-70(a)),
in any subcontract with a small busi­ness firm or a nonprofit
organization if a purpose of the subcontract is the perfor­mance of
experimental, developmental, or research work.

**(ii)** Whenever a prime contractor or a subcon­tractor considers it
inappropriate to include one of the clauses discussed in paragraph (a)
of this section in a particular subcontract, or a subcontractor refuses
to accept the clause, the matter shall be re­solved by the contracting
officer in consul­tation with the intellectual property coun­sel.

**1827.304-5 Appeals.**

FAR 27.304-5 shall apply unless other­wise provided in the NASA Patent
Waiver Regulations, 14 CFR Section 1245, Subpart 1.

**1827.305 Administration of the patent** **rights clauses.**

**1827.305-3 Follow-up by Government.**

**1827.305-370 NASA patent rights and new technology follow-up
procedures.**

\(a\) For each contract containing a patent rights clause or the clause
at 1852.227-70, New Technology, the contracting officer shall take the
following actions:

\(1\) Furnish, or require the contractor to furnish directly, the New
Technology Repre­sentative and the Patent Representative a copy of each
contract (and modifications thereto), and copies of the final technical
report, interim technical progress reports, and other pertinent material
provided under the contract, unless the representatives indicate
other­wise; and

\(2\) Notify the New Technology Repre­sentative as to which installation
organiza­tional element has technical cognizance of the contract.

\(b\) The New Technology Representative shall take the following
actions:

\(1\) Review the technical progress of work performed under the contract
to ascertain whether the contractor and its subcontrac­tors are complying
with the clause\'s report­ing and recordkeeping requirements;

\(2\) Forward to the Patent Representative copies of all contractor and
subcontracto­r written reports of reportable items and disclosures of
subject inventions, and a copy of the written statement, if any,
sub­mitted with the reports.

\(3\) Consult with the Patent Representative whenever a question arises
as to whether a given reportable item is to be considered a subject
invention and whether it was made in the performance of work under the
contract.

\(4\) Forward to the Patent Representative all corre­spondence relating
to inventions and waivers under the New Technology clause or election of
title under the Patent Rights\-\--Retention by the Contractor (Short
Form) clause.

\(5\) Upon receipt of any final report required by the clause, and upon
determina­tion that the contract work is complete, deter­mine whether the
contractor has complied with the clause\'s reporting requirements. If
so, the New Technology Representative shall certify compliance, obtain
the Patent Representative\'s concurrence, and forward the certification
to the contracting officer.

\(c\) The Patent Representative shall review each reportable item to
ascertain whether it is to be consid­ered a subject invention, obtain any
determinations re­quired by paragraph (b) of the clause at 1852.227-70,
New Tech­nology, and notify the contractor. As to any subject invention,
the Patent Repre­sentative shall:

\(1\) Ensure that the contractor has provided sufficient information to
protect the Government\'s rights and inter­ests in it and to permit the
preparation, filing, and prosecution of patent applica­tions;

\(2\) Determine inventorship;

\(3\) Ensure the preparation of in­struments establishing the
Government\'s rights; and

\(4\) Con­duct selected reviews to ensure that subject inven­tions are
identified, adequately document­ed, and timely reported or disclosed.

\(d\) Either the New Technology Repre­sentative or the Patent
Representative, in consultation with the other, may prepare opinions,
make determinations, and other­wise advise the contracting officer with
respect to any withholding of payment under para­graph (g) of the clause
at 1852.227-70, New Technology. Either the New Technol­ogy Repre­sentative
or the Patent Repre­sentative may represent the contracting officer for
the purpose of examining the contractor\'s books, records, and other
documents in accordance with paragraph (f) of the clause and take
corrective action as appropriate. However, no action may be taken by
either the New Technology Representative or the Patent Representative
that would consti­tute a final decision under the Disputes clause,
involve any change or increase in the work required to be performed
under the contract that is inconsistent with any right of appeal
pro­vided in FAR 27.304-5 or 14 CFR 1245, Subpart 1, or otherwise be
outside the scope of the contract.

\(e\) The contracting officer shall not approve release of final payment
under the contract and, if applicable, any reserve set aside under the
withhold­ing provi­sions of the clause for deficiencies and delinquent
reporting not corrected as of the time of the submis­sion of the final
report by the con­tractor until receipt of the New Technology
Representative\'s certification of compli­ance, and the Patent
Representative\'s con­currence.

**1827.305-371 New technology reporting plan.**

In contracts with an estimated cost in excess of \$2,500,000 (or less
when appropriate) that contain the clause at 1852.227-70, New
Technology, the contracting officer may require the contractor to submit
for post-award Government approval a detailed plan for new technology
reporting that demonstrates an adequate understanding of and commitment
to the reporting requirements of the clause.

**1827.305-4** **Conveyance** **of** **invention** **rights**
**acquired** **by** **the** **Government.**

\(a\) When the Government acquires the entire right to, title to, and
interest in an invention under the clause at 1852.227-70, New
Technology, a determi­nation of title is to be made in accordance with
Section 305(a) of the National Aeronautics and Space Act of 1958, as
amended (42 U.S.C. 2457(a)), and reflected in appropriate in­struments
executed by NASA and forward­ed to the contractor.

**Subpart 1827.4\--Rights in Data and Copyrights**

**1827.404**  **Basic rights in data clause.**

\(d\) *Protection of limited rights data speci­fied for delivery.* The
contracting officer shall consult with the installation patent or
intellectual property counsel regarding any questions concerning the
delivery of limited rights data and/or the use of Alter­nate II that may
arise from an offeror\'s response to the provision at FAR 52.227-15,
Repre­sentation of Limited Rights Data and Restricted Computer Software,
or during negotiations.

\(e\) *Protection of restricted computer soft­ware specified for
delivery.* The contracting officer shall consult with the installation
patent or intellectual property counsel regarding any questions
concerning the delivery of restricted computer software and/or the use
of Alternate III that may arise from an offeror\'s response to the
provision at FAR 52.227-15, Representation of Limited Rights Data and
Restricted Computer Software, or during negotia­tions.

\(f\) *Copyrighted data.*

(1)(ii) The contracting officer shall consult with the installation
patent or intellectual property counsel before granting permission for a
contractor to claim copy­right subsisting in data, other than comput­er
software, first produced under the con­tract.

\(iv\) The contracting officer, with the concurrence of the installation
intellectual property counsel, is the approval authority for obtaining a
copyright license of a different scope than set forth in subpara­graph
(c)(1) of the clause at FAR 52.227-14, Rights in Data\--General, for any
con­tract or class of contracts.

\(2\) (i) The procurement officer is the approval authority for
obtaining a copyright license of a different scope than that set forth
in subparagraph (c)(2) of the clause at FAR 52.227-14 for any contract
or class of contracts.

\(g\) *Release, publication, and use of data.*

(3)**(A)** NASA's intent is to ensure the most expeditious dissemination
of computer software developed by it or its contractor. Accordingly,
when the clause at FAR 52.227-14, Rights in Data-General, is modified by
1852.227-14 (see 1827.409(a)), the contractor may not assert claim to
copy­right, publish, or release to others computer software first
produced in the performance of a contract without the contracting
offic­er\'s prior written permission.

**(B)** The contracting officer may, in consultation with the
installation patent or intellectual property counsel, grant the
contractor permission to copy­right, publish, or release to others
computer software first produced in the performance of a contract if:

***(a)*** The contractor has identified an existing commercial computer
software product line or proposes a new one and states a positive
intention of incorporating any computer software first produced under
the contract into that line, either directly itself or through a
licensee;

***(b)*** The contractor has made, or will be re­quired to make,
significant contributions to the development of the computer soft­ware by
co-funding or by cost-sharing, or by contributing resources (including
but not limited to agreement to provide continuing maintenance and
update of the software at no cost for Governmental use); or

***(c)*** The concurrence of the Headquarters Office of Aerospace
Technology, Commercial Technology Division (Code RC) is obtained.

**(C)*(a) ***The contractor\'s request for permis­sion in accordance with
1827.404(g)(3)(A) may be made either before contract award or during
contract perfor­mance.

***(b)*** Any permission granted in accor­dance with
1827.404(g)(3)(B)*(a)* or *(b)* shall be by express contract provision
(or amendment) overriding sub­paragraph (d)(3) of FAR 52.227-14, Rights
in Data\--General, (as modified by 1852.227-14), rather than by deleting
it. The contract provision may contain appropriate assurances that the
computer software will be incorporated into an existing or proposed new
commercial computer software product line within a reasonable time
and/or that the agreed contributions to the Government are ful­filled,
with contingencies enabling the Government to obtain the right to
distribute the software for commercial use, including the right to
obtain assignment of copyright where applicable, in order to prevent the
computer software from being suppressed or abandoned by the contrac­tor.

***(c)*** Any permission granted in accordance with
1827.404(g)(3)(B)*(c)* may be either by deleting subparagraph (d)(3) or
by special contract provision, as appropriate.

***(d)*** When any permission to copyright is granted, any copyright
license retained by the Gov­ern­ment shall be of the same scope as set
forth in subparagraph (c)(1) of the clause at FAR 52.227-14 and without
any obligation of confidentiality on the part of the Government, unless
in accordance with 1827.404(g)(3)(B)*(b)* the contri­butions of the
Contractor may be consid­ered \"substantial\" for the purposes of FAR
27.408 (i.e., approximately 50 percent), in which case rights consistent
with FAR 27.408 may be negotiated for the computer software in question.

**(D)** If the contractor has not been grant­ed permission to copyright,
paragraph (d)(3)(ii) of the clause at FAR 52.227-14, Rights in
Data\--General (as modified by 1852.227-14) enables NASA to direct the
contractor to assert claim to copyright in computer software first
pro­duced under the contract and to assign, or obtain the assignment of,
such copyright to the Government or its designee. The con­tracting
officer may, in consultation with the installation intellectual property
counsel, so direct the contractor in situations where copyright
protection is considered necessary in furtherance of Agency mission
objectives, needed to sup­port specific Agency programs, or necessary to
meet statutory requirements.

\(h\) *Unauthorized marking of data.* The contract­ing officer shall
consult with the installation patent or intellectual property counsel
before taking any action regarding unauthorized markings of data under
para­graph (e) of the clause at FAR 52.227-14, Rights in Data\--General.

\(i\) *Omitted or incorrect notices.* The contracting officer shall
consult with the installation patent or intellectual property counsel
before agreeing to add or correct any markings on data under paragraph
(f) of the clause at FAR 52.227-14, Rights in Data\--General.

**1827.405 Other data rights provisions.**

(b)(2) *Acquisition of existing computer soft­ware.* See
1827.409(k)(i)-(ii) and 1827.409-70 for modifications and alternatives
to the clause at FAR 52.227-19.

\(c\) *Contracts awarded under the Small Busi­ness Innovative Research
(SBIR) Pro­gram.* If, during the performance of an SBIR contract (Phase I
or Phase II), the need arises for NASA to obtain delivery of restricted
computer software as defined in the clause at FAR 52.227-20, Rights in
Data\--SBIR Program, and the contractor agrees to such delivery, the
restricted com­puter software may be acquired with re­stricted rights by
modification of the con­tract or under an agreement incorporated in and
made part of the contract, using the restricted rights set forth in FAR
27.404(e) and the related restrictions as a guide.

**1827.406 Acquisition of data.**

\(a\) *General.* Requirements for delivering tech­nical data relating to
standard commer­cial items, components, or processes should be kept to
the absolute minimum consistent with the purpose for which they are
being procured. Normally, a vendor\'s manuals for installation,
operation, or maintenance and repair and/or form, fit, and function data
are adequate.

**1827.408  Cosponsored research and** **development activities.**

The contracting officer shall consult with the installation patent or
intellectual property counsel before limiting the acqui­sition of or
acquiring less than unlimited rights to any data developed under
con­tracts involving cosponsored research and devel­opment activities.

**1827.409 Solicitation provisions and** **contract clauses.**

\(a\) The contract­ing officer shall add subpara­graph (3) set forth in
1852.227-14 to para­graph (d) of the clause at FAR 52.227-14, Rights in
Data\-- General, except in solicita­tions and contracts for basic or
applied re­search with universities or colleges.

\(b\) The contracting officer, with the concur­rence of the instal­lation
intellectual property counsel, is the approval authority for use of
Alternate I. An example of its use is where the princi­pal purpose of the
contract (such as a contract for basic or applied research) does not
involve the development, use, or deliv­ery of items, components, or
processes that are intended to be acquired for use by or for the
Government (either under the con­tract in question or under any
anticipat­ed follow-on con­tracts relating to the same subject matter).

\(c\) The contracting officer shall normally add the disclosure purposes
listed in FAR 27.404(d)(1)(i)-(v) to subparagraph (g)(2). Howev­er, the
contracting officer may, upon con­sultation with the installation patent
or intellectual property counsel, make dele­tions from the specific
purposes listed. If all are deleted, the word \"None\" must be inserted.
Additions to those specific pur­poses listed may be made only with the
approval of the procure­ment officer and concurrence of the installation
patent or intellectual property counsel.

\(d\) The contracting officer shall consult with the installation patent
or intellectual property counsel regarding the acquisition of restricted
computer software with great­er or lesser rights than those set forth in
Alternate III. Where it is imprac­tical to actually modify the notice of
Alter­nate III, this may be done by express refer­ence in a separate
clause in the con­tract or by a collateral agreement that addresses the
change in the restricted rights.

\(e\) The contracting officer, with the concurrence of the installation
intellectual property counsel, is the approval authority for the use of
Alternate IV in any contract other than a contract for basic or applied
research to be performed solely by a college or university on campus
(but not for the management or operation of Government facilities).

\(i\) The contract officer shall modify the clause at FAR 52.227-17,
Rights in Data\--Special Works by adding para­graph (f) as set forth in
1852.227-17.

(k)**(i)** The contract­ing officer shall add paragraph (e) as set forth
in 1852.227-19(a) to the clause at FAR 52.227-19, Commercial Computer
Software\--Restricted Rights, when it is contemplated that updates,
correction notic­es, consultation information, and other similar items of
information

relating to commercial computer software delivered under a purchase
order or contract are available and their receipt can be facilitat­ed by
signing a vendor supplied agreement, registration forms, or cards and
returning them directly to the vendor.

**(ii)** The contract­ing officer shall add paragraph (f) as set forth at
1852.227-19(b) to the clause at FAR 52.227-19, Commercial Computer
Software\--Restricted Rights, when portions of a contractor\'s standard
commercial li­cense or lease agreement consistent with the clause,
Federal laws, standard industry practices, and the FAR are to be
incorporat­ed into the purchase order or contract.

**(iii)** See 1827.409-70.

**1827.409-70 NASA contract clause.**

The contract­ing officer shall use the clause at 1852.227-86, Commercial
Computer Soft­ware\--Licensing, in lieu of FAR 52.227-19, Commercial
Computer Software\-\--Restrict­ed Rights, when it is considered
appropriate for the acquisition of existing computer software in
accordance with FAR 27.405(b)(2).

PART 1828

### BONDS AND INSURANCE

# TABLE OF CONTENTS

**SUBPART 1828.1 BONDS**

1828.101 Bid guarantees.

1828.101-70 NASA solicitation provision.

1828.103 Performance and payment bonds and alternative payment

protections for other than construction contracts.

1828.103-70 Subcontractors performing construction work under
nonconstruction

contracts.

1828.103-71 Solicitation requirements and contract clauses.

1828.106 Administration.

1828.106-6 Furnishing information.

**SUBPART 1828.2 SURETIES**

1828.202 Acceptability of corporate sureties.

1828.203 Acceptability of individual sureties.

**SUBPART 1828.3 INSURANCE**

1828.307 Insurance under cost-reimbursement contracts.

1828.307-1 Group insurance plans.

1828.307-2 Liability.

1828.307-70 Insurance of industrial facilities.

1828.311 Solicitation provision and contract clause on liability
insurance under cost-reimbursement contracts.

1828.311-1 Contract clause.

1828.311-2 Agency solicitation provisions and contract clauses.

1828.311-270 NASA solicitation provisions and contract clauses.

1828.370 Fixed-price contract clauses.

1828.371 Clauses for cross-waivers of liability for Space Shuttle
services, Expendable Launch Vehicle (ELV) launches, and Space Station
activities.

1828.372 Clause for minimum insurance coverage.

**PART 1828**

## BONDS AND INSURANCE

**Subpart 1828.1\--Bonds**

**1828.101  Bid guarantees.**

**1828.101-70 NASA** **solicitation provision.**

The contracting officer shall insert the provision at 1852.228-73, Bid
Bond, in construction solicitations where offers are expected to exceed
\$100,000 and a performance bond or a performance and payment bond is
required (see FAR 28.102 and 28.103). The contracting officer may
increase the amount of the bid bond to protect the Government from loss,
as long as the amount does not exceed \$3 million.

**1828.103 Performance** **and** **payment** **bonds** **and alternative
payment protections** **for** **other than construction** **contracts.**

**1828.103-70 Subcontractors performing construction work under
nonconstruction contracts.**

\(a\) The contracting officer shall require prime contractors on
nonconstruction contracts to obtain the following performance and/or
payment protection from subcontractors performing construction work:

\(1\) Performance and payment bonds when the subcontract construction
work is in excess of \$100,000 and is determined by NASA to be subject
to the Miller Act.

\(2\) An appropriate payment protection determined according to FAR
28.102-1(b)(1) when the subcontract construction work is greater than
\$30,000 but not greater than \$100,000.

\(b\) The contracting officer shall establish the penal amount in
accordance with FAR 28.102-2 based on the subcontract value.

\(c\) The bonds shall be provided on SF 25, Performance Bond, and SF
25A, Payment Bond. These forms shall be modified to name the NASA prime
contractor as well as the United States of America as obligees.

**1828.103-71 Solicitation requirements and contract clauses.**

When performance and payment bonds or alternative payment protections
are required from subcontractors performing construction work under
nonconstruction prime contracts, the contracting officer shall follow
the procedures in FAR 28.102-3. When alternative payment protections are
required, insert a clause substantially the same as FAR 52.228-13,
Alternative Payment Protections, appropriately modified.

**1828.106 Administration.**

**1828.106-6  Furnishing information.**

\(c\) The contracting officer is the agency head's designee.

## Subpart 1828.2\--Sureties

**1828.202 Acceptability of corporate sureties.**

\(d\) Contracting officers may obtain access to Department of Treasury
Circular 570 through the internet at
http://www.fms.treas.gov/c570/index.html.

**1828.203 Acceptability of individual sureties**.

\(g\) Notification of suspected criminal or fraudulent activities, with
all supporting documentation, shall be submitted to the Headquarters
Office of Procurement (Code HS).

PART 1852

**SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

**TABLE OF CONTENTS**

1852.000 Scope of part.

**SUBPART 1852.1 INSTRUCTIONS FOR USING PROVISIONS AND**

**CLAUSES**

1852.101 Using Part 52.

1852.103 Identification of provisions and clauses.

1852.103-70 Identification of modified provisions and clauses.

1852.104 Procedures for modifying and completing provisions and
  clauses.

**SUBPART 1852.2 TEXTS OF PROVISIONS AND CLAUSES**

1852.203-70 Display of Inspector General Hotline Posters.

1852.204-75 Security Classification Requirements.

1852.204-76 Security Requirements for Unclassified Information

Technology Resources.

1852.208-81 Restrictions on Printing and Duplicating.

1852.209-70 Product Removal from Qualified Products List.

1852.209-71 Limitation of Future Contracting.

1852.209-72 Composition of the Contractor.

1852.211-70 Packaging, Handling, and Transportation.

1852.213-70 Offeror Representations and Certifications--Other Than

Commercial Items.

1852.213-71 Evaluation---Other Than Commercial Items.

1852.214-70 Caution to Offerors Furnishing Descriptive Literature.

1852.214-71 Grouping for Aggregate Award.

1852.214-72 Full Quantities.

1852.215-77 Preproposal/Pre-bid Conference.

1852.215-78 Make or Buy Program Requirements.

1852.215-79 Price Adjustment for \"Make-or-Buy\" Changes.

1852.215-81 Proposal Page Limitations.

1852.215-84 Ombudsman.

1852.216-73 Estimated Cost and Cost Sharing.

1852.216-74 Estimated Cost and Fixed Fee.

1852.216-75 Payment of Fixed Fee.

1852.216-76 Award Fee for Service Contracts.

1852.216-77 Award Fee for End Item Contracts.

1852.216-78 Firm Fixed Price.

1852.216-80 Task Ordering Procedure.

1852.216-81 Estimated Cost.

1852.216-83 Fixed Price Incentive.

1852.216-84 Estimated Cost and Incentive Fee.

1852.216-85 Estimated Cost and Award Fee.

1852.216-87 Submission of Vouchers for Payment.

1852.216-88 Performance Incentive.

1852.216-89 Assignment and Release Forms.

1852.217-70 Property Administration and Reporting.

1852.217-71 Phased Procurement Using Down-Selection Procedures.

1852.217-72 Phased Procurement Using Progressive Competition Down-

Selection Procedures.

1852.219-73 Small Business Subcontracting Plan.

1852.219-74 Use of Rural Area Small Businesses.

1852.219-75 Small Business Subcontracting Reporting.

1852.219-76 NASA 8 Percent Goal.

1852.219-77 NASA Mentor-Protégé Program.

1852.219-79 Mentor Requirements and Evaluation.

1852.219-80 Limitation on Subcontracting -- SBIR Phase I Program.

1852.219-81 Limitation on Subcontracting -- SBIR Phase II Program.

1852.219-82 Limitation on Subcontracting -- STTR Program.

1852.219-83 Limitation of the Principal Investigator -- SBIR Program.

1852.219-84 Limitation of the Principal Investigator -- STTR Program.

1852.219-85 Conditions for Final Payment -- SBIR and STTR Contracts.

1852.223-70 Safety and Health.

1852.223-71 Frequency Authorization.

1852.223-72 Safety and Health (Short Form).

1852.223-73 Safety and Health Plan.

1852.223-74 Drug- and Alcohol-Free Workforce.

1852.223-75 Major Breach of Safety or Security.

1852.223-76 Federal Automotive Statistical Tool Reporting.

1852.225-8 Duty-Free Entry of Space Articles.

1852.225-70 Export Licenses.

1852.227-11 Patent Rights\--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data\--General.

1852.227-17 Rights in Data\--Special Works.

1852.227-19 Commercial Computer Software\--Restricted Rights.

1852.227-70 New Technology.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-72 Designation of New Technology Representative and Patent

>   Representative.

1852.227-84 Patent Rights Clauses.

1852.227-85 Invention Reporting and Rights\--Foreign.

1852.227-86 Commercial Computer Software\--Licensing.

1852.228-70 Aircraft Ground and Flight Risk.

1852.228-71 Aircraft Flight Risks.

1852.228-72 Cross-Waiver of Liability for Space Shuttle Services.

1852.228-73 Bid Bond.

contract and shall take timely action to implement its plan to obtain
compliance/validation. The Contractor shall follow and implement the
approved compliance/validation plan in a timely fashion. The Government
will conduct a Compliance Review to assess the contactor's compliance
with its plan, and if the Contractor does not follow the approved
implementation schedule or correct all resulting system deficiencies
identified as a result of the compliance review within a reasonable
time, the Contracting Officer may take remedial action, that may
include, but is not limited to, a reduction in fee.

\(c\) The Government will conduct Integrated Baseline Reviews (IBRs).
Such reviews shall be scheduled and conducted as early as practicable,
and if a pre-award IBR has not been conducted, a post-award IBR should
be conducted within 180 calendar days after contract award, or the
exercise of significant contract options, or within 60 calendar days
after distribution of a supplemental agreement that implements a
significant funding realignment or effects a significant change in
contractual requirements (e.g., incorporation of major modifications).
The objective of IBRs is for the Government and the Contractor to
jointly assess the Contractor's baseline to be used for performance
measurement to ensure complete coverage of the statement of work,
logical scheduling of the work activities, adequate resourcing, and
identification of inherent risks.

\(d\) Unless a waiver is granted by the Cognizant Federal Agency,
Contractor proposed EVMS changes require approval of the Cognizant
Federal Agency prior to implementation. The Cognizant Federal Agency
shall advise the Contractor of the acceptability of such changes within
30 calendar days after receipt of the notice of proposed changes from
the Contractor. If the advance approval requirements are waived by the
Cognizant Federal Agency, the Contractor shall disclose EVMS changes to
the Cognizant Federal Agency at least 14 calendar days prior to the
effective date of implementation.

\(e\) The Contractor agrees to provide access to all pertinent records
and data requested by the Contracting Officer or a duly authorized
representative. Access is to permit Government surveillance to ensure
that the Contractor's EVMS complies, and continues to comply, with the
EVMS guidelines referenced in paragraph (a) of this clause, and to
demonstrate---

\(1\) Proper implementation of the procedures generating the cost and
schedule information being used to satisfy the contract data
requirements;

\(2\) Continuing application of the accepted company procedures in
satisfying the CPR required by the contract through recurring
program/project and contract surveillance; and

\(3\) Implementation of any corrective actions identified during the
surveillance process.

\(f\) The Contractor shall be responsible for ensuring that its
subcontractors, identified below, comply with the EVMS requirements of
this clause as follows:

\(1\) For subcontracts with an estimated dollar value of \$50M or more,
the following subcontractors shall comply with the requirements of this
clause.

(Contracting Officer to insert names of subcontractors or subcontracted
effort).

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

\(2\) For subcontracts with an estimated dollar value of less than
\$50M, the following subcontractors shall comply with the requirements
of this clause except for the requirement in paragraph (b), if
applicable, to obtain compliance/validation.

(Contracting Officer to insert names of subcontractors or subcontracted
effort.)

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

\(g\) If the contractor identifies a need to deviate from the agreed
baseline by working against an Over Target Baseline (OTB) or Over Target
Schedule (OTS), the contractor shall submit to the Contracting Officer a
request for approval to begin implementation of an OTB or OTS. This
request shall include a top-level projection of cost and/or schedule
growth, whether or not performance variances will be retained, and a
schedule of implementation for the reprogramming adjustment. The
Government will approve or deny the request within 30 calendar days
after receipt of the request. Failure of the Government to respond
within this 30-day period constitutes approval of the request. Approval
of the deviation request does not constitute a change, or the basis for
a change, to the negotiated cost or price of this contract, or the
estimated cost of any undefinitized contract actions.

**(End of clause)**

**(ALTERNATE I)**

**(NOVEMBER 2006)**

As prescribed in 1834.203-70(b), substitute the following paragraph (b)
for paragraph (b) of the basic clause:

\(b\) If, at the time of award, the Contractor's EVMS has not been
determined by the Cognizant Federal Agency to be compliant with the EVMS
guidelines, or the Contractor does not have an existing cost/schedule
control system that is compliant with the guidelines in the ANSI/EIA-748
Standard (current version at the time of ward), the Contractor shall
apply the system to the contract and shall take timely action to
implement its plan to be compliant with the guidelines. The Government
will not formally validate/accept the Contractor's EVMS with respect to
this contract. The use of the Contractor's EVMS for this contract does
not imply Government acceptance of the Contractor's EVMS for application
to future contracts. The Government will monitor compliance through
routine surveillance.

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

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

**CENTER FOR AEROSPACE INFORMATION**

**(DECEMBER 2006)**

\(a\) 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.

**(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**

**(NOVEMBER 2004)**

\(a\) **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 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).

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 2006)**

\(a\) 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 2200.2A, 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 address listed at http://www.sti.nasa.gov under the "Get Help"
link.

\(e\) 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

**(FEBRUARY 2003)**

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.

**(End of clause)**

# ALTERNATE III

# (JANUARY 2005)

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