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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-81

### February 3, 2003 

**SCIENTIFIC AND TECHNICAL REPORTS**

***BACKGROUND:*** This PN revises the NASA FAR Supplement to clarify the
review requirements for data produced under research and development
(R&D) contracts, including data contained in final reports, and the
review requirements for final reports prior to inclusion in NASA's
Center for AeroSpace Information (CASI) scientific and technical
information (STI) database. This PN also revises the address for CASI
for receipt of copies of all R&D contracts.

NFS clause 1852.235-70, Center for Aerospace Information -- Final
Scientific and Technical Reports, required in all R&D contracts, states
in paragraph (e) that contractors cannot release the final report
required under the contract, outside of NASA, until a document
availability authorization (DAA) review has been completed by NASA and
availability of the report has been determined. The DAA review completed
by NASA is intended to ensure that NASA disseminates NASA scientific and
technical information (STI) in a manner consistent with U.S. laws and
regulations, Federal information policy, intellectual property rights,
technology transfer protection requirements, and budgetary and
technological limitations. The DAA review process applies only to the
publication and dissemination of NASA STI by NASA or under the direction
of NASA.

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

This PN clarifies the above by making the clause changes noted below.

Additional guidance is provided in Procurement Information Circular
(PIC) 03-03.

***ACQUISITIONS AFFECTED BY CHANGES:*** All R&D contracts and
interagency agreements and cost-reimbursement supply contracts involving
research and development work.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** All R&D solicitations
issued after February 3, 2003, must include the revised clauses and
alternates as appropriate noted below. Solicitations issued before
February 3, 2003, may be amended to include the revised clause if
including it would not unduly delay the acquisition. Before using either
Alternate I or II to the new clause 1852.235-73, Final Scientific and
Technical Reports, contracting officer must coordinate with the
requiring organization and the Center Export Control Administrator
and/or Chief or Patent Counsel, as appropriate.

***CLAUSE CHANGES:*** This PN makes the following clause changes:

\(a\) 1852.235-70 is retitled "Center for Aerospace Information," and
references to the submission of the final report have been removed. The
revised clause now only advises contractors of the services provided by
CASI;

\(b\) A new clause 1852.235-73, Final Scientific and Technical Reports,
is added. This clause requires submission of a final report; states that
the contractor may publish, or otherwise disseminate, data produced
during the performance of the contract, including data contained in the
final report, without prior review by NASA; and retains restriction on
release of the final report as delivered under the contract until NASA
has completed its DAA review;

\(c\) Alternate I to the new 1852.235-73 clause is established for use
in contracts for fundamental research in which the contractor may
publish, or otherwise disseminate, data produced during performance of
the contract, including the final report, without prior review by NASA;

\(d\) Alternate II to the new 1852.235-73 clause is established for use
in contracts in which data resulting from the 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 that includes restrictive markings,
may include proprietary information of others, and thus will require
NASA review before the contractor may publish, release, or otherwise
disseminate data produced during the performance of the contract; and

\(e\) A new clause 1852.235-74, Additional Reports of Work---Research
and Development, is added for use in contracts in which monthly,
quarterly and other reports in addition to the Final Report may be
considered necessary for monitoring contract performance.

***PARTS AFFECTED:*** Changes are made in Parts 1804, 1827, 1835, and
1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 4:3,
4:4, Part 1827, Part 1835, 52:3, 52:4, 52:4.1, 52:57, 52:58, 52:66.1,
52:66.2, 52:66.3, 52-95, 52-96, 52-97, 52-98, and 52-99 (added).

***TYPE OF RULE AND PUBLICATION DATE:*** The PN was published as a final
rule in the Federal Register (68 FR 5230 - 5233) on February 3, 2003.

***HEADQUARTERS CONTACT:*** Celeste Dalton, Code HK, (202) 358-1645,
email: <cdalton@hq.nasa.gov>.

R. Scott Thompson

Director, Contract Management Division

Enclosures

# PART 1804

# ADMINISTRATIVE MATTERS

## Subpart 1804.1\--Contract Execution

**1804.****103 Contract clause.**

The contracting officer shall include the clause at FAR 52.204-1**,**
Approval of Contract, in solicitations, contracts, and supplemental
agreements that require higher level approval. For actions requiring
Headquarters approval, insert \"NASA Assistant Administrator for
Procurement\" in the clause\'s blank space.

**1804.170 Contract effective date.**

\(a\) **\"Contract effective date\"** means the date agreed upon by the
parties for beginning the period of performance under the contract. In
no case shall the effective date precede the date on which the
contracting officer or designated higher approval authority signs the
document.

\(b\) Costs incurred before the contract effective date are unallowable
unless they qualify as precontract costs (see FAR 31.205-32) and the
clause prescribed at 1831.205-70 is used.

### Subpart 1804.2\--Contract Distribution

**1804.202 Agency distribution requirements.**

In addition to the requirements in FAR 4.201, the contracting officer
shall distribute one copy of each R&D contract, including the Statement
of Work, to the NASA Center for AeroSpace Information (CASI), Attention:
Acquisitions Collections Development Specialist, 7121 Standard Drive,
Hanover, MD 21076-1320.

**1804.203 Taxpayer identification information.**

Instead of using the last page of the contract to provide the
information listed in FAR 4.203, NASA installations may allow
contracting officers to use a different distribution method, such as
annotating the cover page of the payment office copy of the contract.

### Subpart 1804.4\--Safeguarding Classified Information Within Industry

**1804.402 General.**

\(b\) NASA security policies and procedures are prescribed in NPD
1600.2A, NASA Security Policy; NPG 1600.6A, Communications Security
Procedures and Guidelines; NPG 1620.1, Security Procedures and
Guidelines; NPG 2810.1 and NPD 2810.1 Security of Information
Technology.

**1804.404-70  Contract clause.**

The contracting officer shall insert the clause at 1852.204-75, Security
Classification Requirements, in solicitations and contracts if work to
be performed will require security clearances. This clause may be
modified to add instructions for obtaining security clearances and
access to security areas that are applicable to the particular
acquisition and installation.

**1804.470 Security requirements for unclassified information technology
resources.**

**1804.470-1 Scope.**

This section implements NASA\'s acquisition‑related aspects of Federal
policies for assuring the security of unclassified automated information
resources. Federal policies include, but are not limited to, the
Computer Security Act of 1987 (40 U.S.C. 1441 et seq.), the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.), Public Law 106-398,
section 1061, Government Information Security Reform, OMB Circular
A-130, Management of Federal Information Resources, and the National
Institute of Standards and Technology security guidance and standards.

**1804.470-2 Policy.**

\(a\) NASA policies and procedures on security for automated information
technology are prescribed in [NPD
2810.1](http://nodis.hq.nasa.gov/Library/Directives/NASA-WIDE/Policies/Legal_Policies/N_PD_2810_1.html),
Security of Information Technology, and in NPG 2810.1, Security of
Information Technology. The provision of information technology (IT)
security in accordance with these policies and procedures, is required
in all contracts that include IT resources or services in which a
contractor must have physical or electronic access to NASA\'s sensitive
information contained in unclassified systems that directly support the
mission of the Agency. This includes information technology, hardware,
software, and the management, operation, maintenance, programming, and
system administration of computer systems, networks, and
telecommunications systems. Examples of tasks that require security
provisions include:

\(1\) Computer control of spacecraft, satellites, or aircraft or their
payloads;

\(2\) Acquisition, transmission or analysis of data owned by NASA with
significant replacement costs should the contractor's copy be corrupted;
and

\(3\) Access to NASA networks or computers at a level beyond that
granted the general public, e.g. bypassing a firewall.

\(b\) The contractor must not use or redistribute any NASA information
processed, stored, or transmitted by the contractor except as specified
in the contract.

**1804.470-3 Security plan for unclassified Federal Information
Technology systems.**

\(a\) The requiring activity with the concurrence of the Center Chief
Information Officer (CIO), and the Center Information Technology (IT)
Security Manager, must determine whether an IT Security Plan for
unclassified information is required.

\(b\) IT security plans must demonstrate a thorough understanding of NPG
2810.1 and NPD 2810.1 and must include, as a minimum, the security
measures and program safeguards planned to ensure that the information
technology resources acquired and used by contractor and subcontractor
personnel \--

\(1\) Are protected from unauthorized access, alteration, disclosure, or
misuse of information processed, stored, or transmitted;

\(2\) Can maintain the continuity of automated information support for
NASA missions, programs, and functions;

\(3\) Incorporate management, general, and application controls
sufficient to provide cost-effective assurance of the systems\'
integrity and accuracy;

\(4\) Have appropriate technical, personnel, administrative,
environmental, and access safeguards;

\(5\) Document and follow a virus protection program for all IT
resources under its control; and

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.

**SUBPART** 1827.6 **FOREIGN LICENSE AND TECHNICAL ASSISTANCE**

**AGREEMENTS**

1827.670 Space Station technical data and goods.

1827.670-1 Policy.

1827.670-2 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 Aeronautics
Commercial Technology Division (Code RW) 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).

## 

## Subpart 1827.6\--Foreign License and Technical Assistance Agreements

**1827.670 Space Station technical data and goods.**

**1827.670-1 Policy.**

NASA and its contractors shall comply with all applicable export control
laws, including the International Traffic in Arms Regulations (ITAR), 22
CFR Parts 120-130, and the Export Administration Regulations (EAR), 15
CFR Parts 730-799, with respect to the transfer of technical data and
goods to any International Space Station program multilateral partner or
contractor. When authorized, certain technical data in support of the
Inter­national Space Station program may be exported to a foreign
recipient specified in writing by the contracting officer. Contracting
officers, or designees, will assure that any transfer of data to a
foreign recipient will be in compliance with all applicable directives,
including the NASA Export Control Program.

**1827.670-2 Contract clause.**

The contracting officer shall insert the clause at 1852.227-87, Transfer
of Technical Data Under Space Station Inter­national Agreements, in all
solicitations, contracts, and purchase orders in support of Space
Station program activities that may involve transfer of technical data
subject to the International Traffic in Arms Regulations, 22 CFR Parts
120-130, or the Export Administration Regulations (EAR), 15 CFR Parts
730-799 in accordance with the NASA Export Control Program.

PART 1835

**RESEARCH AND DEVELOPMENT CONTRACTING**

**TABLE OF CONTENTS**

1835.003 Policy.

1835.010 Scientific and technical reports.

1835.011 Data.

1835.015 Contracts for research with educational institutions and
nonprofit

organizations.

1835.016 Broad agency announcements.

1835.016-70 Foreign participation under broad agency announcements
(BAAs).

1835.016-71 NASA Research Announcements.

1835.016-72 Foreign participation in NRA proposals.

1835.070 NASA contract clauses and solicitation provision.

**PART 1835**

**RESEARCH AND DEVELOPMENT CONTRACTING**

**1835.003 Policy.**

See NPG 5800.1, Grant and Cooperative Agreement Handbook, for policy
regarding the use of grants and cooperative agreements.

**1835.010 Scientific and technical reports.**

(a)**(i)** *Final Reports.* Final reports must be furnished by
contractors for all R&D contracts. The final report should summarize 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. The final
report should comply with formatting and stylistic guidelines contained
in NPG 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. When reports are submitted electronically, the contracting
officer should also request the submission of a paper copy of the report
that could be used to validate items such as math and symbols that can
be transposed due to font substitution or other electronic transmission
problems. Information regarding appropriate electronic formats for final
reports is available from center STI/Publications Managers or the NASA
Center for AeroSpace Information (CASI) at http://www.sti.nasa.gov under
"Publish STI -- Electronic File Formats."

**(ii)** In addition to the final report submitted to the contracting
officer, the contractor shall concurrently provide CASI and the center
STI/Publications Manager with a copy of the letter transmitting the
final report to the contracting officer.

**(iii)** It is NASA policy to provide the widest practicable and
appropriate dissemination of scientific and technical information (STI)
derived from NASA activities, including that generated under NASA
research and development contracts. One mechanism for disseminating NASA
STI is through CASI. Before approving a final report delivered under a
contract for inclusion in the CASI repository, NASA must complete a
document availability authorization (DAA) review. The DAA review is
intended to ensure that NASA disseminates NASA STI in a manner
consistent with U.S. laws and regulations, federal information policy
and publication standards, intellectual property rights, technology
transfer protection requirements, and budgetary and technological
limitations. NASA Form 1676, NASA Scientific and Technical Document
Availability Authorization (DAA), or a center-specific version of this
form, is used to complete this review. The DAA review process applies to
the publication and dissemination of NASA STI by NASA or under the
direction of NASA. The final report, as delivered under the contract,
must not be released outside of NASA until NASA's DAA review has been
completed and the availability of the document has been determined by
NASA.

**(iv)** *Additional reports of work.* In addition to the final report
required by paragraph (a)**(i)** of this section, the contracting
officer, in consultation with the program or project manager, should
consider the desirability of requiring periodic reports and reports on
the completion of significant units or phases of work for monitoring
contract performance. Any additional reports must be included in the
clause at 1852.235-74 as a contract deliverable. (See FAR 27.403.)

**(v)** Upon receipt of the final report, or any additional reports
required by 1852.235-74 if included in the contract, the contracting
officer shall forward the reports to the contracting officer's technical
representative (COTR) for review and acceptance. The COTR shall ensure
that the DAA review is initiated upon acceptance of the final report or
any additional reports that NASA elects to publish or release outside of
NASA or present at internal meetings at which foreign nationals may be
present. Upon completion of the DAA review, the COTR shall ensure that
the DAA-approved STI and the original approved DAA form are sent to the
center STI/Publication Manager. The contractor should be advised of the
final availability determination. These responsibilities should be
included in the COTR Delegation, NASA Form 1634.

\(b\) The final report shall include a completed Report Documentation
Page, Standard Form (SF) 298, as the final page of the report.

1835.011 Data.

\(a\) In addition to any reports required by 1835.010, the contracting
officer shall specify what additional data, (type, quantity, and
quality) is required under the contract, for example, presentations,
journal articles, and seminar notes. (See FAR 27.403.)

**1835.015** **Contracts** **for** **research** **with** **educational**
**institutions** **and** **nonprofit** **organizations.**

(a)(1)(iv) The research contract shall include a requirement that the
contractor obtain the contracting officer\'s approval when it plans to
continue the research work during a continuous period in excess of 3
months without the participation of an approved principal investigator
or project leader.

**1835.016 Broad agency announcements.**

(a)**(i)** The following forms of broad agen­cy announcements (BAAs) are
authorized for use:

**(A)** Announcements of Opportunity (see 1872).

**(B)** NASA Research Announcements (see 1835.016-71).

**(C)**  Other forms of announcements ap­proved by the Assistant
Administrator for Procurement (Code HS).

**(ii)** Other program announcements, notic­es, and letters not
authorized by para­graph (a)(i) of this section shall not be used to
solicit propos­als that may result in contracts.

**(iii)** Draft or final versions of any form of BAA that directly or
substantially supports a program subject to NASA Procedures and
Guidelines (NPG) 7120.5 shall not be released unless \--

**(A)** All applicable NPG 7120.5 required documentation (see
1804.7301(b)(2)(i)) is current and has been approved (e.g., Formulation
Authorization Document, Program Commitment Agreement, Program Plan, or
Project Plan); or

**(B)** Authority to proceed without the required documentation has been
granted by the Chair of the Governing Program Management Council or
designee.

\(c\) BAAs may not preclude the participation of any offer­or capable of
satisfying the Government\'s needs unless a justification for other than
full and open competition is approved under FAR 6.304.

1835.016-70 Foreign participation under broad agency announcements
(BAAs).

\(a\) *Policy*.

> \(1\) NASA seeks the broadest participation in response to broad
> agency announcements, including foreign proposals or proposals
> including foreign participation. NASA's policy is to conduct research
> with foreign entities on a cooperative, no-exchange-of-funds basis
> (see NPD 1360.2, Initiation and Development of International
> Cooperation in Space and Aeronautics Programs). NASA does not normally
> fund foreign research proposals or foreign research efforts that are
> part of U.S. research proposals. Rather, cooperative research efforts
> are implemented via international agreements between NASA and the
> spon­soring foreign agency or funding/sponsoring institution under
> which the parties agree to each bear the cost of discharging their
> respective responsibilities.

\(2\) 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.

\(3\) NASA funding may not be used for subcontracted foreign research
efforts. 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.

\(b\) *Procedure*. When a foreign proposal or a U.S. proposal with
foreign participation is received in response to a BAA, the NASA
sponsoring office shall determine whether the proposal conforms to the
no-exchange-of-funds policy in 1835.016-70(a).

\(1\) If the proposal conforms to the policy in 1835.016-70(a), the NASA
sponsoring office shall evaluate the proposal and make selection in
accordance with 1835.016-71(d). In conjunction with the notification of
successful foreign proposers, the NASA sponsoring office shall notify
the Headquarters Office of External Relations, Code I. Code I will
negotiate the agreement with the sponsoring foreign agency or funding
institution for the proposed participation.

\(2\) If the proposal does not conform to the policy in 1835.016-70(a),
the NASA sponsoring office shall:

\(i\) Determine whether the proposal merits further consideration;

\(ii\) If further consideration is warranted, refer the proposal to Code
I; and

\(iii\) Complete the evaluation of the proposal. However no notification
of selection, whether tentative or final, shall be made without Code I
approval.

\(3\) Notification to Code I required by paragraphs (b)(1) and
(b)(2)(ii) of this section, shall address the items contained in
1872.504(c), and shall be coordinated through the Office of Procurement,
Code HS.

**1835.016-71 NASA Research Announcements.**

\(a\) *Scope.* An NRA is used to announce research interests in support
of NASA's programs, and, after peer or scientific review using factors
in the NRA, select proposals for funding. Unlike an RFP containing a
statement of work or specification to which offerors are to respond, an
NRA provides for the sub­mission of competitive project ideas, con­ceived
by the offerors, in one or more program areas of interest. An NRA shall
not be used when the requirement is sufficiently defined to specify an
end product or service.

\(b\) *Issuance.*

\(1\) Before issuance, each field-generat­ed NRA shall be approved by the
installa­tion director or designee, with the concurrence of the
procure­­ment officer, and each Headquarters-generated NRA shall be
approved by the cognizant Program Associate Administrator or designee,
with the concurrence of the Headquarters Offices of General Counsel
(Code GK) and Procurement (Code HS). In addition, the issuing office
shall obtain input from the cognizant offices responsible for matters of
safety and mission assurance, occupational health, environmental
protection, information technology, export control, and security. Input
shall also be obtained from the appropriate systems safety organization
for NRA\'s that may involve potentially hazardous operations such as
those related to flight and/or mission critical ground systems. The NRA
approval authority shall designate the selection official.

\(2\) The selection official shall assure that the NRA is synopsized
prior to issuance in accordance with FAR 5.201. The synopsis shall be
brief, and the technical section describing the area of interest should
not exceed 50 words.

\(3\) If a Headquarters-generated NRA may result in awards by a NASA
field installation, the issuing office shall notify the installation
procurement officer and provide a copy of the NRA.

\(4\) The selecting official is responsible for the preparation and
distribution of the NRA.

\(5\) NRAs normally shall remain open for at least 90 days.

\(c\) *Content.* The NRA shall consist of the following sections and
items. The entire package shall be provided in response to requests.

\(1\) *Cover.*  The cover shall display:

\(i\) \"OMB Approval Number 2700-0087\" in the upper right corner.

\(ii\) Title.

\(iii\) \"NASA Research Announcement Soliciting Research Proposals for
the Peri­od Ending [\_\_\_\_]{.underline}\".

\(iv\) NRA number.

\(v\) Official address for the office issuing the NRA.

\(2\) *Summary and Supplemental Infor­mation.*

\(i\) The Summary and Supplemental Information should not exceed two
pages and shall include:

\(A\) Title and NRA number.

\(B\) The following statement concerning safety:

\" Safety is the freedom from those conditions that can cause death,
injury, occupational illness, damage to or loss of equipment or
property, or damage to the environment. NASA\'s safety priority is to
protect: (1) the public, (2) astronauts and pilots, (3) the NASA
workforce (including employees working under NASA award instruments),
and (4) high-value equipment and property.

\(C\) Introductory paragraphs describ­ing the purpose of the NRA and the
period for receipt of proposals.

\(D\) Address for submitting proposals.

\(E\) Number of copies required.

\(F\) Selecting official\'s title.

\(G\) Names, addresses, and tele­phone num­bers for the technical and
contracting points of contact.

\(H\) The following statement when the NRA is to be issued before funds
are available:

\"Funds are not currently available for awards under this NRA. The
Government\'s obligation to make award(s) is contingent upon the
avail­ability of appropriated funds from which payment can be made and
the receipt of pro­posals that NASA de­ter­mines are accept­able for award
un­der this NRA.\"

\(ii\) The Summary and Supplemental Information may include estimates of
the amount of funds that will be avail­able and the number of anticipated
awards. A breakdown of the estimates by research area may also be shown.

\(3\) *Technical Description.* The first page shall contain the NRA
number and title at the top. A brief description not exceeding two pages
is preferable, but it should be detailed enough to enable ready
comprehen­sion of the research areas of interest. Speci­fications
containing detailed state­ments of work should be avoid­ed. Any program
manage­ment information included must be limited to matters that are
essential for proposal preparation.

\(4\) *Instructions for Responding to NASA Research Announcements.* The
NRA shall contain instructions as stated in 1852.235-72 (see
1835.070(c)).

\(d\) *Receipt of proposals, evaluation, and selection.*

\(1\) Proposals shall be protected as pro­vided in FAR 15.608, FAR
15.609, and 1815.609-70.

> \(2\) Late propos­als and modifications shall be treated in accordance
> with 1815.208.

\(3\) The selection decision shall be made following peer or scientific
review of a proposal. Peer or scientific review shall involve evaluation
by an in-house special­ist, a specialist outside NASA, or both.
Evaluation by specialists outside NASA shall be conducted subject to the
conditions in 1815.207. After receipt of a proposal and before
selection, scientific or engineering personnel shall communicate with an
offeror only for the purpose of clarifica­tion (as defined in FAR
15.306), or to understand the meaning of some aspect of the proposal
that is not clear, or to obtain confirmation or substantiation of a
proposed approach, solution, or cost esti­mate.

\(4\) Competitive range determinations shall not be made, and final
proposal revisions shall not be requested.

\(5\) Part of a proposal may be selected unless the offeror requests
other­wise. In addition, changes to a selected proposal may be sought if
(i) the ideas or other aspects of the proposal on which selection is
based are contained in the proposal as originally submitted, and are not
intro­duced by the changes; and (ii) the changes sought would not involve
a material alter­ation to the requirements stated in the NRA. Changes
that would affect a proposal\'s selection shall not be sought. When
changes are desired, the selecting official may request revi­sions from
the offeror or request the contracting officer to implement them during
negotiations with the successful offeror(s). The changes shall not
transfer information from one offeror\'s proposal to another offeror
(see FAR 15.306(e). When collaboration between offerors would improve
proposed research programs, collaboration may be suggested to the
offerors.

\(6\) The basis for selection of a proposal shall be documented in a
selection state­ment applying the evaluation factors in the NRA. The
selection statement represents the conclusions of the selecting official
and must be self-contained. It shall not incorpo­rate by reference the
evaluations of the reviewers.

\(7\) The selecting official shall notify each offeror whose proposal
was not select­ed for award and explain generally why the proposal was
not selected. If requested, the selecting official shall arrange a
debriefing under FAR 15.5, with the participation of a contracting
officer.

(8) The selecting official shall for­ward to the contracting officer the
    following information:

\(i\) A copy of the NRA (This requirement may be waived in the case of a
grant award at the discretion of the grant officer);

\(ii\) The results of the technical evalua­tion, including the total
number of propos­als received, the selection statement, and the listing
of proposal(s) selected for funding (These requirements may be waived in
the case of a grant award at the discretion of the grant officer if the
purchase request specifically references the NRA number and states that
the proposal forwarded for funding was selected under the NRA.);

\(iii\) A description of any chang­es de­sired in any offeror\'s statement
of work, includ­ing the reasons for the changes and any effect on level
of funding;

\(iv\) If a contract will be used to fund the proposal, a description of
deliver­ables, including technical reports, and delivery dates,
consistent with the require­ments of the NRA;

\(v\) A procurement request;

\(vi\) Comments on the offeror\'s cost pro­posal (either the selecting
official\'s com­ments, which may be based on the reviewers\' comments, or
copies of the reviewers\' comments with any different conclusions of the
selecting official); these comments shall address the need for and
reasonableness of travel, computer time, materials, equipment,
subcontracted items, publication costs, labor hours, labor mix, and
other costs; and

\(vii\) A copy of the selected propos­al as originally submitted, any
revi­sions, and any correspondence from the successful offeror.

\(9\) The selecting official may pro­vide to the contracting officer
copies of the reviewers\' evaluations. Reviewers\' names and
institutions may be omitted.

\(10\) The selecting official may provide each offeror whose proposal
was selected for negotiation a notification stating:

\(i\) The proposal has been selected for negotiation;

\(ii\) The offeror\'s business office will be contacted by a contract­ing
officer, who is the only official autho­rized to obligate the Government;
and

\(iii\) Any costs incurred by the offer­or in anticipation of an award
are at the offer­or\'s risk.

\(e\) *Award.* The contracting officer shall choose the appropriate
award instrument. If a contract is selected, the contracting officer
shall \--

\(1\) Advise the offeror that the Govern­ment contemplates entering into
negotia­tions; the type of contract contemplated; and the estimated award
date, anticipated effort, and delivery schedule;

\(2\) Send the offeror a model contract, if necessary, including
modifications con­templated in the offeror\'s statement of work, and
request agreement or identifica­tion of any exceptions (the contract
state­ment of work may summarize the proposed research, state that the
research shall be conducted in accordance with certain tech­nical
sections of the proposal (which shall be identified by incorporating
them into the contract by reference), and identify any changes to the
proposed research);

\(3\) Request the offeror to complete and return certifications and
representations and Standard Form 33, Solicitation, Offer, and Award, or
other appropriate forms. If FAR 52.219-9, Small Business Subcontracting
Plan, is required for the resultant contract, request the offeror to
provide a subcontracting plan;

\(4\) Conduct negotiations in accordance with FAR Subparts 15.3 and
15.4, as appli­cable;

\(5\) Award a contract; and

\(6\) Comply with FAR Subparts 4.6 and 5.3 on contract reporting and
synopses of contract awards.

\(f\) *Cancellation of an NRA.* When pro­gram changes, program funding,
or any other reasons require can­cellation of an NRA, the offi­ce issuing
the NRA shall notify potential offerors by using the mail­ing list for
the NRA.

1835.016-72 Foreign participation in NRA proposals.

Foreign proposals or U.S. proposals with foreign participation shall be
treated in accordance with 1835.016-70. Additional guidelines applicable
to foreign proposers are contained in the provision at 1852.235-72,
Instructions for Responding to NASA Research Announcements.

**1835.070** **NASA** **contract** **clauses and** **solic­itation
provision.**

\(a\) The contracting officer shall insert the clause at 1852.235-70,
Center for AeroSpace Information, in all research and development
contracts**,** and interagency agreements and cost-reim­bursement supply
contracts involving re­search and development work.

\(b\) The contracting officer shall insert the clause at 1852.235-71,
Key Personnel and Facilities, in contracts when source selec­tion has
been substantially predicated upon the possession by a given offeror of
special capabilities, as represented by key personnel or facilities.

\(c\) The contracting officer shall ensure that the provision at
1852.235-72, Instructions for Responding to NASA Research Announcements,
is inserted in all NRAs. The instructions may be supplemented, but only
to the minimum extent necessary.

\(d\) The contracting officer shall insert the clause at 1852.235-73,
Final Scientific and Technical Reports, in all research and development
contracts**,** and in interagency agreements and cost-reimbursement
supply contracts involving research and development work.

\(1\) The contracting officer, after consultation with and concurrence
of the program or project

manager and the center Export Control Administrator, shall insert the
clause with its Alternate I when the contract includes "fundamental
research" as defined at 22 CFR 120.11(8) and no prior review of data,
including the final report, produced during the performance of the
contract is required for export control or national security purposes
before the contractor may publish, release, or otherwise disseminate the
data.

\(2\) The contracting officer, after consultation with and concurrence
by the program or project manager and where necessary the center Export
Control Administrator, shall insert the clause with its Alternate II,
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. For example, when data produced during
performance of the contract 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 that
includes restrictive markings, may include proprietary information of
others.

\(e\) The contracting officer shall insert a clause substantially the
same as the clause at 1852.235-74, Additional Reports of Work \--
Research and Development, in all research and development contracts**,**
and in interagency agreements and cost-reim­bursement supply contracts
involving research and development work, when periodic reports, such as
monthly or quarterly reports, or reports on the completion of
significant units or phases of work are required for monitoring contract
performance. The clause should be modified to reflect the reporting
requirements of the contract and to indicate the timeframe for
submission of the final report.

1852.231-70 Precontract Costs.

1852.231-71 Determination of Compensation Reasonableness.

1852.232-70 NASA Modification of FAR 52.232-12.

1852.232-77 Limitation of Funds (Fixed-Price Contract).

1852.232-79 Payment for On-Site Preparatory Costs.

1852.232-81 Contract Funding.

1852.232-82 Submission of Requests for Progress Payments.

1852.233-70 Protests to NASA.

1852.235-70 Center for AeroSpace Information.

1852.235-71 Key Personnel and Facilities.

1852.235-72 Instructions for Responding to NASA Research Announcements.

1852.235-73 Final Scientific and Technical Reports.

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

1852.236-71 Additive or Deductive Items.

1852.236-72 Bids with Unit Prices.

1852.236-73 Hurricane Plan.

1852.236-74 Magnitude of Requirement.

1852.236-75 Partnering for Construction Contracts.

1852.237-70 Emergency Evacuation Procedures.

1852.237-71 Pension Portability.

1852.239-70 Alternate Delivery Points.

1852.241-70 Renewal of Contract.

1852.242-70 Technical Direction.

1852.242-71 Travel Outside of the United States.

1852.242-72 Observance of Legal Holidays.

1852.242-73 NASA Contractor Financial Management Reporting.

1852.242-74 Notice of Earned Value Management System.

1852.242-75 Earned Value Management System.

1852.242-76 Modified Cost Performance Report.

1852.242-77 Modified Cost Performance Report Plans.

1852.242-78 Emergency Medical Services and Evacuation.

1852.243-70 Engineering Change Proposals.

1852.243-71 Shared Savings.

1852.243-72 Equitable Adjustments.

1852.244-70 Geographic Participation in the Aerospace Program.

1852.245-70 Contractor Requests for Government-Owned Equipment.

1852.245-71 Installation-Accountable Government Property.

1852.245-72 Liability for Government Property Furnished for Repair or

>   Other Services.

1852.245-73 Financial Reporting of NASA Property in the Custody of
Contractors.

1852.245-74 Contractor Accountable On-Site Government Property.

1852.245-75 Title to Equipment.

1852.245-76 List of Government-Furnished Property.

1852.245-77 List of Installation-Accountable Property and Services.

1852.245-79 Use of Government-Owned Property.

1852.245-80 Use of Government Production and Research Property on a
No-Charge Basis.

1852.246-70 Mission Critical Space System Personnel Reliability  

Program.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

1852.246-73 Human Space Flight Item.

1852.247-71 Protection of the Florida Manatee.

1852.247-72 Advance Notice of Shipment.

1852.247-73 Bills of Lading.

1852.249-72 Termination (Utilities).

**SUBPART 1852.3 PROVISION AND CLAUSE MATRIX**

1852.300 Scope of Subpart.

1852.301 Solicitation Provisions and Contract Clauses (Matrix).

**PART 1852**

**SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

**1852.000 Scope of part.**

This part, in conjunction with FAR Part 52, (a) sets forth the
provisions and clauses prescribed in the NFS, (b) gives instructions for
their use, and (c) presents a matrix listing the provisions and clauses
applicable to each principal contract type and/or purpose (e.g.,
fixed-price supply, cost-reimbursement research and development).

**Subpart 1852.1\--Instructions for Using Provisions and Clauses**

**1852.101 Using Part 52.**

(b)(2)(i)(B) NASA contracting offices prescribing or developing clauses
shall ensure that the requirements of Subpart 1801.3 are met.

(e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that
in the FAR. The first page of the NFS matrix contains a key to column
headings, a dollar threshold chart, and requirement symbols. To fully
determine the applicability of a provision or clause in the
\"required-when-applicable\" and \"optional\" categories, Contracting
Officers shall refer to the NFS text (cited in the matrix) that
prescribes its use.

\(4\) The NFS matrix may be reproduced by field installations for the
purpose of supplementing it with installation-developed provisions and
clauses.

**1852.103 Identification of provisions and clauses.**

\(b\) Provisions and clauses prescribed by a field installation to
satisfy its needs shall be identified as stated in paragraphs (b)(i) and
(ii) of this section. Articles, formats, and similar language shall be
treated as provisions and clauses for purposes of this section 1852.103.

**(i)** A provision or clause shall be numbered using a prefix, a base,
and a suffix. The prefix shall be an alphabetical abbreviation of the
installation name (e.g., ARC, DFRC, GRC, GSFC,

JSC, KSC, LARC, MSFC, SSC, or SSPO). The base shall be a numeric value
beginning with \"52.2,\" with the next two digits corresponding to the
number of the FAR or NFS subject part to which the provision or clause
relates. The suffix shall be a hyphen and sequential number assigned
within each part. NASA installations shall use suffix numbers from -90
to -199. For example, the first Johnson Space Center (JSC) provision or
clause relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the
second JSC 52.236-91, and so forth. Provisions and clauses shall be
dated in accordance with FAR 52.101(f).

**(ii)** Contracting officers shall identify provisions and clauses as
in the following examples:

**1852.232-81  Contract Funding.**

As prescribed in 1832.705-270(b), insert the following clause:

**CONTRACT FUNDING**

**(JUNE 1990)**

\(a\) 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](http://www.arnet.gov/far/current/html/Subpart_33_1.html#1046495))
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)**

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

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

**Final Scientific and Technical Reports**

**(FEBRUARY 2003)**

\(a\) 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
NPG 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 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.

**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)**

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, the aggregate
amount of the bid for purposes of award would be \$99,000 for the base
bid plus the first and fourth additives, the second and third additives
being skipped because either of them would cause the aggregate bid to
exceed \$100,000.

\(c\) All bids shall be evaluated on the basis of the same additive or
deductive bid items. The listed order of priority must be followed only
for determining the low bidder. After determination of the low bidder,
award in the best interests of the Government may be made to that bidder
on its base bid and any combination of its additive or deductive bid
items for which funds are determined to be available at the time of the
award, provided that award of the combination of bid items does not
exceed the amount offered by any other conforming responsible bidder for
the same combination of bid items.

**(End of provision)**

**1852.236-72 Bids with Unit Prices.**

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

**BIDS WITH UNIT PRICES**

**(MARCH 1989)**

\(a\) All extensions of the unit prices bid will be subject to
verification by the Government. If there is variation between the unit
price and any extended amounts, the unit price will be considered to be
the bid.

\(b\) If a modification to a bid based on unit prices that provides for
a lump-sum adjustment to the total estimated cost is submitted, the
application of the lump sum adjustment to each unit