Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12935 

TABLE I–7 TO SUBPART I OF PART 98—DEFAULT EMISSION FACTORS (1–Uij) FOR GAS UTILIZATION RATES (Uij) AND BYPRODUCT FORMATION RATES (Bijk) FOR PV MANUFACTURING—Continued 

Process type factors 

Process gas i 

CF4 C2F6 CHF3 CH2F2 C3F8 c¥ 

C4F8

NF3

Remote NF3 SF6

CVD Chamber Cleaning BCF4 ......................................... NA 0.2 NA NA 0.2 0.1 NA NA NA 

Notes: NA = Not applicable; i.e., there are no applicable default emission factor measurements for this gas. This does not necessarily imply 

that a particular gas is not used in or emitted from a particular process sub-type or process type. 

[FR Doc. 2015–05549 Filed 3–11–15; 8:45 am] 

BILLING CODE 1505–01–D 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 709 and 752 

RIN 0412–AA76 

Incorporate Various Administrative 

Changes and Internal Policies in to the 

USAID Acquisition Regulation (AIDAR) 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Direct final rule; Corrections. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

issuing corrections to FR Doc. 2014– 

26051; Incorporate Various 

Administrative Changes and Internal 

Policies in to the USAID Acquisition 

Regulation (AIDAR), that was published 

on December 16, 2014 (79 FR 74985). 

DATES: Effective March 16, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Lyudmila Bond, Telephone: 202–567– 

4753 or Email: lbond@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

Corrections 

In rule FR Doc. 2014–26051 published 

in the Federal Register at 79 FR 74985, 

December 16, 2015, make the following 

corrections: 

§ 709.403 [Corrected] 

■ 1. On page 74992, in the definitions of 

‘‘Debarring official’’ and ‘‘Suspending 

Official’’ in § 709.403, correct ‘‘Senior 

Deputy Assistant Administrator, Bureau 

for Management’’ to read ‘‘Assistant 

Administrator, Bureau for Management, 

or designee as delegated in Agency 

policy found in ADS 103—Delegations 

of Authority’’. 

§ 752.7005 [Corrected] 

On page 75002, § 752.7005(b)(1)(iv), 

remove the second sentence. 

Authority: Sec. 621, Pub. L. 87–195, 75 

Stat. 445, (22 U.S.C. 2381) as amended; E.O. 

12163, Sept. 29, 1979, 44 FR 56673; and 3 

CFR 1979 Comp., p. 435. 

Aman S. Djahanbani, 

Chief Acquisition Officer. 

[FR Doc. 2015–05580 Filed 3–11–15; 8:45 am] 

BILLING CODE 6116–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1809, 1815, 1816, 1817, 

1829, 1823, 1827, 1828, 1831, 1832, 

1834, 1837, 1841, 1842, 1846, 1849, 

1851, and 1852 

RIN 2700–AE01 and 2700–AE09 

NASA Federal Acquisition Regulation 

Supplement 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Final rule. 

SUMMARY: NASA is issuing a final rule 

amending the NASA Federal 

Acquisition Regulation Supplement 

(NFS) with the goal of eliminating 

unnecessary regulation, streamlining 

overly-burdensome regulation, 

clarifying language, and simplifying 

processes where possible. 

DATES: Effective April 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Boots, NASA, Office of 

Procurement, email: cynthia.d.boots@

nasa.gov, or 202–358–1248. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The NASA FAR Supplement (NFS) is 

codified at 48 CFR part 1800. 

Periodically, NASA performs a 

comprehensive review and analysis of 

the regulation, makes updates and 

corrections, and reissues the NASA FAR 

Supplement. The last reissue was in 

2004. The goal of the review and 

analysis is to reduce regulatory burden 

where justified and appropriate and 

make the NFS content and processes 

more efficient and effective, faster and 

simpler, in support of NASA’s mission. 

Consistent with Executive Order (E.O.) 

13563, Improving Regulations and 

Regulatory Review, NASA is currently 

reviewing and revising the NFS with an 

emphasis on streamlining it and 

reducing associated burdens. Due to the 

volume of the NFS, these revisions are 

being made in increments. 

NASA published two proposed rules 

as the first two incremental steps to 

update and revise the NASA FAR 

Supplement: 78 FR 23199–23203, April 

18, 2013, and 79 FR 57015–57032, 

September 24, 2014. Together, these two 

rules proposed regulatory changes to 19 

Parts of the NFS. The two rules also 

advised the public that no regulatory 

changes were being made to an 

additional 13 NFS Parts. 

This final rule finalizes these two 

proposed rules. 

II. Discussion and Analysis 

NASA reviewed the public comments 

in the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments are provided as 

follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

The definitions of ‘‘counterfeit goods’’ 

and ‘‘legally authorized source’’ at 

1846.101 are deleted. NASA, in 

conjunction with the FAR Council, is 

working to develop and implement a 

definition of counterfeit part in the 

Federal Acquisition Regulation, which 

would also address the concept of 

‘‘legally authorized sources’’. 

Consequently, the NFS will not have an 

independent definition of either 

‘‘counterfeit goods’’ or ‘‘legally 

authorized source’’. Rather, use of the 

term counterfeit part in the NFS will be 

consistent with the FAR definition. 

B. Analysis of Public Comments 

Comment: In response to proposed 

rule #1, NASA received comments from 

three respondents. The three 

respondents suggested that the proposed 

definitions of ‘‘counterfeit goods’’ and 

‘‘legally authorized source’’ were 

problematic in that they introduce 

inconsistencies with standard industry 


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12936 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 

usage of the terms and potential FAR 

definitions. 

Response: The definitions of both 

terms have been deleted. NASA concurs 

that a Federal definition in the FAR is 

appropriate, and has been part of team 

working to implement FAR definitions. 

(Reference FAR Case 2013–002) 

Comment: In response to proposed 

rule #2, NASA received comments from 

one respondent requesting that NASA 

delete 1852.227–14(c)(1)(iv) because it 

adds unnecessary notice and marking 

requirements. 

Response: NASA revised Part 1827 to 

conform to recent FAR changes to Part 

27, and 14 CFR 1245.100–117, but did 

not make significant changes to current 

coverage regarding NASA requirements 

related to data rights. The FAR clause at 

FAR 52.227–14(c)(1), Copyright, does 

not address the NASA-specific rights 

afforded NASA under the Space Act (51 

U.S.C. 20135(b). Consequently, the 

notice and marking requirements at 

1852.227–14 (c)(1)(iv) are appropriate 

and remain in the final rule. 

Comment: In response to proposed 

rule # 2, NASA received comments from 

one respondent suggesting that 

1852.227–88 lacked a prescription and 

rationale. 

Response: Clause 1852.227–88 will be 

included in solicitations and contracts 

on a case-by-case basis dependent upon 

the Government-owned software 

provided under the contract. NASA will 

utilize the clause judiciously in order to 

reduce contract costs. Offerors will be 

reimbursed for any associated costs 

when the clause is utilized. 

C. Technical Amendment 

In proposed rule # 2, NASA notes an 

error in the publication and makes a 

technical correction in this final rule. At 

1816.402.274(g)(3), the proposed rule 

should have stated a flat rate of 10% in 

lieu of a recommended rate of ‘‘up to 

15%’’ for use when evaluating 

contractor performance related to 

compliance with subcontracting plans. 

Instead, the proposed rule retained the 

current, extraneous language ‘‘up to’’ 

before the 10% which is inappropriate. 

The final rule removes ‘‘up to’’. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

NASA certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq. 

because it mainly clarifies or updates 

existing regulations. In several 

instances, this rule deletes existing 

requirements which eases the regulatory 

burden on all entities. 

V. Paperwork Reduction Act 

The proposed rule #1 included an 

application for clearance of a new 

information collection requirement that 

requires the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). The collection is at 

1852.215–77(c), Pre-proposal/pre-bid 

conference, wherein attendees at preproposal or pre-bid conferences will be 

required to submit personal identity 

information. NASA did not receive any 

comments on the information collection 

request. 

Needs and Uses: This information 

collection requires contractors to supply 

personal identity information for 

attendees at pre-proposal conferences 

that are held at NASA facilities. The 

information includes, but is not limited 

to name, social security number, place 

of birth, and citizenship. NASA will 

utilize the information to perform 

security checks for entrance to NASA 

facilities. Without the collection of this 

information, NASA will be unable to 

permit entrance to NASA facilities for 

attendance at pre-proposal conferences. 

Affected Public: Businesses or other 

for-profit and not-for-profit institutions. 

Frequency: On occasion. 

Approval of the information 

collection request from the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35) is expected concurrent with 

the final rule. 

List of Subjects in 48 CFR Parts 1809, 

1815, 1816, 1817, 1819, 1823, 1827, 

1828, 1831, 1832, 1834, 1837, 1841, 

1842, 1846, 1849, 1851, and 1852 

Government procurement. 

Cynthia D. Boots, 

Alternate Federal Register Liaison. 

Accordingly, 48 CFR parts 1809, 1815, 

1816, 1817, 1819, 1823, 1827, 1828, 

1831, 1832, 1834, 1837, 1841, 1842, 

1846, 1849, 1951, and 1852 are 

amended as follows: 

PART 1809—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for part 1809 

continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1809.206–70 and 1809.206–71 [Removed] 

■ 2. Sections 1809.206–70 and 

1809.206–71 are removed. 

Subpart 1809.6 [Removed] 

■ 3. Subpart 1809.6, consisting of 

section 1809.670, is removed. 

PART 1815—CONTRACTING BY 

NEGOTIATION 

■ 4. The authority citation for part 1815 

continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1815.403 [Amended] 

■ 5. In section 1815.403, the section 

heading is amended by adding the word 

‘‘certified’’ between the words 

‘‘Obtaining’’ and ‘‘cost’’. 

■ 6. Revise section 1815.403–170 to 

read as follows: 

1815.403–170 Waivers of certified cost or 

pricing data. 

(a) NASA has waived the requirement 

for the submission of certified cost or 

pricing data when contracting with the 

Canadian Commercial Corporation 

(CCC). This waiver applies to the CCC 

and its subcontractors. The CCC will 

provide assurance of the fairness and 

reasonableness of the proposed price. 

This assurance should be relied on; 

however, contracting officers shall 

ensure that the appropriate level of data 

other than certified cost or pricing data 

is submitted by subcontractors to 

support any required proposal analysis, 

including a technical analysis and a cost 

realism analysis. The CCC also will 

provide for follow-up audit activity to 

ensure that any excess profits are found 

and refunded to NASA. 

(b) NASA has waived the requirement 

for the submission of certified cost or 

pricing data when contracting for Small 


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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12937 

Business Innovation Research (SBIR) 

program Phase II contracts. However, 

contracting officers shall ensure that the 

appropriate level of data other than 

certified cost or pricing data is 

submitted to determine price 

reasonableness and cost realism. 

PART 1816—TYPES OF CONTRACTS 

■ 7. The authority citation for part 1816 

continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1816.307–70 [Amended] 

■ 8. In section 1816.307–70, remove the 

last sentence in paragraph (c). 

■ 9. In section 1816.402–270, 

paragraphs (a) through (d) are revised to 

read as follows: 

1816.402–270 NASA technical 

performance incentives. 

(a) Pursuant to the guidelines in 

1816.402, NASA has determined that a 

performance incentive shall be included 

in all contracts that are based on 

performance-oriented documents (see 

FAR 11.101(a)), except those awarded 

under the commercial item procedures 

of FAR Part 12, where the primary 

deliverable(s) is (are) hardware with a 

total value (including options) greater 

than $25 million. Any exception to this 

requirement shall be approved in 

writing by the head of the contracting 

activity. Performance incentives may be 

included in supply and service 

contracts valued under $25 million, 

acquired under procedures other than 

Part 12, at the discretion of the 

contracting officer upon consideration 

of the guidelines in 1816.402. 

Performance incentives, which are 

objective and measure performance after 

delivery and acceptance, are separate 

from other incentives, such as cost or 

delivery incentives. 

(b) When a performance incentive is 

used, it shall be structured to be both 

positive and negative based on 

performance after acceptance, unless the 

contract type requires complete 

contractor liability for product 

performance (e.g., fixed price). In this 

latter case, a negative incentive is not 

required. In structuring the incentives, 

the contract shall establish a standard 

level of performance based on the 

salient performance requirement. This 

standard performance level is normally 

the contract’s target level of 

performance. No performance incentive 

amount is earned at this standard 

performance level. Discrete units of 

measurement based on the same 

performance parameter shall be 

identified for performance above and, 

when a negative incentive is used, 

below the standard. Specific incentive 

amounts shall be associated with each 

performance level from maximum 

beneficial performance (maximum 

positive incentive) to, when a negative 

incentive is included, minimal 

beneficial performance or total failure 

(maximum negative incentive). The 

relationship between any given 

incentive, either positive or negative, 

and its associated unit of measurement 

should reflect the value to the 

Government of that level of 

performance. The contractor should not 

be rewarded for above-standard 

performance levels that are of no benefit 

to the Government. 

(c) The final calculation of the 

performance incentive shall be done 

when performance, as defined in the 

contract, ceases or when the maximum 

positive incentive is reached. When 

performance ceases below the standard 

established in the contract and a 

negative incentive is included, the 

Government shall calculate the amount 

due and the contractor shall pay the 

Government that amount. Once 

performance exceeds the standard, the 

contractor may request payment of the 

incentive amount associated with a 

given level of performance, provided 

that such payments shall not be more 

frequent than monthly. When 

performance ceases above the standard 

level of performance, or when the 

maximum positive incentive is reached, 

the Government shall calculate the final 

performance incentive earned and 

unpaid and promptly remit it to the 

contractor. 

(d) When the deliverable supply or 

service lends itself to multiple, 

meaningful measures of performance, 

multiple performance incentives may be 

established. When the contract requires 

the sequential delivery of several items 

(e.g., multiple spacecraft), separate 

performance incentive structures may 

be established to parallel the sequential 

delivery and use of the deliverables. 

* * * * * 

1816.405–270 [Amended] 

■ 10. In section 1816.405–270: 

■ a. Remove paragraph (a); 

■ b. In paragraph (b), remove the first 

sentence; and 

■ c. Redesignate paragraphs (b), (c), and 

(d) as paragraphs (a), (b), and (c). 

1816.405–272 [Amended] 

■ 11. In section 1816.405–272, in 

paragraph (b), remove the word 

‘‘should’’ in the last sentence and add 

in its place ‘‘shall’’. 

1816.405–273 [Amended] 

■ 12. In section 1816.405–273, in 

paragraph (a), remove the word ‘‘often’’ 

in the first sentence. 

1816.405–274 [Amended] 

■ 13. In section 1816.405–274, in 

paragraph (e)(3), add the word ‘‘fee’’ 

between the words ‘‘award’’ and ‘‘shall’’ 

in the second sentence and revise 

paragraph (g) to read as follows: 

1816.405–274 Award fee evaluation 

factors. 

* * * * * 

(g)(1) The contractor’s performance 

against the subcontracting plan 

incorporated in the contract shall be 

evaluated. Emphasis may be placed on 

the contractor’s accomplishment of its 

goals for subcontracting with small 

business, small disadvantaged business, 

HUBZone small business, womenowned small business, veteran-owned 

small business, service-disabled 

veteran-owned small business concerns, 

and Historically Black Colleges and 

Universities—Minority Institutions 

(HBCU/MIs). The evaluation should 

consider both goals as a percentage of 

subcontracting dollars as well as a 

percentage of the total contract value. 

(2) The contractor’s achievements in 

subcontracting high technology efforts 

as well as the contractor’s performance 

under the Mentor-Prote ́ge ́ Program, if 

applicable, may also be evaluated. 

(3) The evaluation weight given to the 

contractor’s performance against the 

considerations in paragraphs (g)(1) and 

(2) of this section shall be 10 percent of 

available award fee and shall be 

separate from all other factors. 

* * * * * 

■ 14. In section 1816.405–275; 

■ a. Revise paragraph (a); and 

■ b. In paragraph (b), the parenthetical 

reference at the end of the first sentence 

is revised to read ‘‘(see FAR 

16401(e)(3)(iv))’’. 

The revision reads as follows: 

1816.405–275 Award fee evaluation rating. 

(a) All award fee contracts shall 

utilize the adjectival rating categories 

and associated descriptions as well as 

the award fee pool available to be 

earned percentages for each adjectival 

rating category contained in FAR 

16.401(e)(3)(iv). Contracting officers 

may supplement these descriptions with 

more specifics relative to their 

procurement but they cannot alter or 

delete the FAR adjectival rating 

descriptions. 

* * * * * 

■ 15. In section 1816.406–70, in 

paragraph (f), the last sentence is 

revised to read as follows: 


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12938 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 

1816.406–70 NASA contract clauses. 

* * * * * 

(f)* * * A clause substantially as 

stated at 1852.216–88 may be included 

in lower dollar value supply or service 

contracts at the discretion of the 

contracting officer. 

PART 1817—SPECIAL CONTRACTING 

METHODS 

■ 16–18. The authority citation for part 

1817 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

Subpart 1817.71 [Removed] 

■ 19. Subpart 1817.71 is removed. 

Subpart 1817.73 [Redesignated as 

Subpart 1817.70] 

■ 20. Subpart 1817.73 is redesignated as 

subpart 1817.70. 

PART 1819—SMALL BUSINESS 

PROGRAMS 

■ 21. The authority citation for part 

1819 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 22. In section 1819.201, the last 

sentence in paragraph in (a)(i) and 

paragraph (a)(ii) are revised to read as 

follows: 

1819.201 General Policy. 

(a)(i) * * * The participation of these 

entities is emphasized in hightechnology areas where they have had 

low involvement level. 

(a)(ii) NASA biennially negotiates 

Agency small business prime and 

subcontracting goals with the Small 

Business Administration pursuant to 

section 15(g) of the Small Business Act 

(15 U.S.C. 644). In addition, NASA has 

an annual goal of five percent for prime 

and subcontract awards to small 

disadvantaged businesses (SDBs) and 

women-owned small businesses 

(WOSBs), and a three percent goal for 

HUBZone and service-disabled, veteranowned small business concerns. 

* * * * * 

■ 23. Section 1819.302 is revised to read 

as follows: 

1819.302 Protesting a small business 

representation or rerepresentation. 

(h) When the contracting officer 

determines in writing that an award 

must be made to protect the public 

interest, the contracting officer shall 

notify the Headquarters Office of 

Procurement, Program Operations 

Division, the Headquarters Office of 

Small Business Programs, and the SBA. 

■ 24. In section 1819.708–70, paragraph 

(b) is revised to read as follows: 

1819.708–70 NASA solicitation provision 

and contract clauses. 

* * * * * 

(b) The contracting officer shall insert 

the clause at 1852.219–75, Individual 

Subcontracts Reporting, in solicitations 

and contracts containing the clause at 

FAR 52.219–9, except for contracts 

covered by an approved commercial 

subcontracting plan. 

■ 25. Section 1819.811–3 is added to 

read as follows: 

1819.811–3 Contract clauses. 

(a) The contracting officer shall insert 

the clause at 1852.219–11, Special 8(a) 

Contract Conditions, in contracts and 

purchase orders awarded directly to the 

8(a) contractor when the acquisition is 

accomplished using the procedures of 

FAR 19.811–1(a) and (b). 

(d) The contracting officer shall insert 

the clause at 1852.219–18, Notification 

of Competition Limited to Eligible 8(a) 

Concerns, in competitive solicitations 

and contracts when the acquisition is 

accomplished using the procedures of 

FAR 19.805. 

(1) The clause at 1852.219–18 with 

Alternate I to the FAR clause at 52.219– 

18 will be used when competition is to 

be limited to 8(a) concerns within one 

or more specific SBA districts pursuant 

to FAR 19.804–2. 

(2) The clause at 1852.219–18 with 

Alternate II to the FAR clause at 52.219– 

18 will be used when the acquisition is 

for a product in a class for which the 

Small Business Administration has 

waived the nonmanufacturer rule (see 

FAR 19.102(f)(4) and (5)). 

(e) Follow the prescription at FAR 

19.811–3(e). 

Subpart 1819.10, 1819.70 and 1819.71 

[Removed and Reserved] 

■ 26. Subparts 1819.10, 1819.70, and 

1819.71 are removed and reserved. 

■ 27. In section 1819.7201, paragraph 

(a)(1) is revised to read as follows: 

1819.7201 Scope of subpart. 

(a) * * * 

(1) Provide incentives to NASA 

contractors, performing under at least 

one active, approved subcontracting 

plan negotiated with NASA, to assist 

prote ́ge ́s in enhancing their capabilities 

to perform as viable NASA contractors, 

other Government contractors, and 

commercial suppliers on contract and 

subcontract requirements. 

* * * * * 

■ 28. Sections 1819.7202, 1819.7203, 

1819.7204, and 1819.7205 are revised to 

read as follows: 

1819.7202 Eligibility 

(a) Eligibility of Mentors: To be 

eligible as a mentor, an entity must be— 

(1) A large prime contractor 

performing with at least one approved 

subcontracting plan, other than a 

commercial plan, negotiated with 

NASA, pursuant to FAR Subpart 19.7, 

the Small Business Subcontracting 

Program. A contractor may apply to 

become a mentor if they currently are 

not performing under a NASA contract 

as long as they are currently performing 

another Federal agency contract with an 

approved subcontracting plan. The 

NASA mentor-prote ́ge ́ agreement, 

however, will not be approved until the 

mentor company is performing under a 

NASA contract with an approved 

subcontracting plan; and 

(2) Eligible for receipt of Government 

contracts. An entity will not be 

approved for participation in the 

Program if, at the time of submission of 

the application to the Headquarters 

Office of Small Business Programs, the 

entity is currently debarred or 

suspended from contracting with the 

Federal Government pursuant to FAR 

Subpart 9.4, Debarment, Suspension, 

and Ineligibility. 

(b) Eligibility of Prote ́ge ́s: To be 

eligible to participate as a prote ́ge ́, an 

entity must be— 

(1) Classified as a Small 

Disadvantaged Business (SDB), a small 

disadvantaged business, a womenowned small business, a historically 

underutilized business zone concern, a 

veteran-owned, service-disabled small 

business, a historically black college 

and university, or a minority institution. 

The prote ́ge ́ entity may also be an active 

NASA SBIR/STTR Phase II company, or 

an entity participating in the AbilityOne 

program. 

(2) Eligible for the award of Federal 

contracts; and 

(3) A small business according to the 

Small Business Administration (SBA) 

size standard for the North American 

Industry Classification System (NAICS) 

code that represents the contemplated 

supplies or services to be provided by 

the prote ́ge ́ to the mentor. 

(c) A prote ́ge ́ firm may self-certify to 

a mentor firm that it meets the 

requirements set forth in paragraph (b) 

of this section. Mentors may rely in 

good faith on written representations by 

potential prote ́ge ́s that they meet the 

specified eligibility requirements. 

1819.7203 Mentor-prote ́ge ́ advance 

payments 

If advance payments are 

contemplated, the mentor must first 

have the advance payments approved 

the contracting officer in accordance 


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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12939 

with FAR Subpart 32.4, Advance 

Payments for Non-commercial items. 

1819.7204 Agreement submission and 

approval process. 

(a) To participate in the Program, 

entities approved as mentors in 

accordance with 1819.7203, will submit 

a complete agreement package to the 

Contracting Officer who will forward 

the completed agreement package to the 

cognizant Small Business Specialist at 

the NASA Center. The submission 

package must include the following— 

(1) A signed mentor-prote ́ge ́

agreement; 

(2) A signed prote ́ge ́ application; 

(3) The estimated cost of the technical 

assistance to be provided, broken out 

per year and per task, in a separate cost 

volume; and 

(4) Additional information as may be 

requested by the NASA OSBP; and 

(5) A signed letter of endorsement of 

the agreement by the contracting officer 

and the contracting officer 

representative. 

(b) The mentor-prote ́ge ́ agreement 

must be approved by the Assistant 

Administrator, NASA OSBP, prior to the 

mentor incurring eligible costs for 

developmental assistance provided to 

the prote ́ge ́. 

(c) The cognizant NASA center will 

issue a contract modification, if 

justified, prior to the mentor incurring 

costs for developmental assistance to 

the prote ́ge ́. 

1819.7205 Award Fee Pilot Program. 

(a) Mentors will be eligible to earn a 

separate award fee associated with the 

provision of developmental assistance 

to NASA SBIR/STTR Phase II Prote ́ge ́s 

only. The award fee will be assessed at 

the end of the Mentor-Prote ́ge ́ agreement 

period. 

(b) The overall developmental 

assistance performance of NASA 

contractors, in promoting the use of 

small businesses as subcontractors, will 

be a required evaluation factor in award 

fee plans. 

(c) Evaluation criteria to determine 

the award fee should include: 

(1) Benefit of the agreement to NASA; 

(2) Active participation in the 

Program; 

(3) The amount and quality of 

developmental assistance provided; 

(4) Subcontracts awarded to small 

businesses and others; 

(5) Success of the prote ́ge ́s in 

increasing their business as a result of 

receiving developmental assistance; and 

(6) Accomplishment of any other 

activity as related to the mentor-prote ́ge ́

relationship. 

(d) The Award Fee Pilot Program is an 

addition to the credit agreement. 

Participants that are eligible for award 

fee may also receive credit under their 

individual contract’s award fee plan. 

1819.7206 through 1819.7211 [Removed 

and Reserved] 

■ 29. Sections 1819.7206, 1819.7207, 

1819.7208, 1819.7209, 1819.7210, and 

1819.7211 are removed and reserved. 

■ 30. In section 1819.7212, paragraph 

(e) is revised to read as follows: 

1819.7212 Reporting requirements. 

* * * * * 

(e) The prote ́ge ́ semiannual report 

required by paragraph (d) must be 

submitted separately from the Mentor’s 

semiannual report submission. 

* * * * * 

1819.7213 and 1819.7214 [Removed and 

Reserved] 

■ 31. Remove and reserve sections 

1819.7213 and 1819.7214. 

1819.7301 [Amended] 

■ 32. In section 1819.7301, add ‘‘, as 

amended.’’ at the end of the first 

sentence. 

■ 33. Amend section 1819.7302 by 

adding two sentences at the end of 

paragraphs (c), (d), and (e); and revising 

paragraph (f) to read as follows: 

1819.7302 NASA contract clauses. 

* * * * * 

(c) * * * Occasionally, deviations 

from this requirement may be approved. 

Any deviations from this requirement 

shall be approved in writing by the 

contracting officer after coordination 

with the Agency SBIR Program 

Manager/Coordinator. 

(d) * * * Occasionally, deviations 

from this requirement may be approved. 

Any deviations from this requirement 

shall be approved in writing by the 

contracting officer after coordination 

with the Agency SBIR Program 

Manager/Coordinator. 

(e) * * * Occasionally, deviations 

from this requirement may be approved. 

Any deviations from this requirement 

shall be approved in writing by the 

contracting officer after coordination 

with the Agency SBIR Program 

Manager/Coordinator. 

(f) Contracting officers shall insert the 

clause at 1852.219–85, Conditions for 

Final Payment—SBIR and STTR 

Contracts, in all Phase I and Phase II 

contract awarded under the Small 

Business Technology Transfer (STTR) 

Program and the Small Business 

Innovation Research (SBIR) Program 

established pursuant to Public Law 97– 

219 (The Small Business Innovation 

Development Act of 1982.) 

PART 1823—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 34. The authority citation for part 

1823 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

Subpart 1823.10 [Removed] 

■ 34. Subpart 1823.10 is removed. 

■ 35. In Subpart 1823.71, the subpart 

heading and section 1823.7101 are 

revised to read as follows: 

1823.71 Authorization for Radio 

Frequency Use. 

1823.7101 Contract clause. 

The contracting officer shall insert the 

clause at 1852.223–71, Authorization for 

radio Frequency Use, in solicitations 

and contracts calling for developing, 

producing, constructing, testing, or 

operating a device for which a radio 

frequency equipment authorization is 

required. 

■ 36. Part 1827 is revised to read as 

follows: 

PART 1827—PATENTS, DATA, AND 

COPYRIGHTS 

Sec. 

1827.000 Scope of part. 

Subpart 1827.3—Patent Rights Under 

Government Contracts 

1827.301 Definitions. 

1827.302 Policy. 

1827.303 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 Subcontracts. 

1827.304–4 Appeals. 

1827.305 Administration of the patent 

rights clauses. 

1827.305–3 Securing invention rights 

acquired by the Government. 

Subpart 1827.4—Rights in Data and 

Copyrights 

1827.404 Basic rights in data clause. 

1827.404–4 Contractor’s release, 

publication, and use of data. 

1827.409 Solicitation provisions and 

contract clauses. 

Authority: 51 U.S.C. 20113(a). 

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. 


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Subpart 1827.3—Patent Rights Under 

Government Contracts 

1827.301 Definitions. 

As used in this subpart— 

Administrator means the 

Administrator of NASA or a duly 

authorized representative. 

Reportable item means any invention, 

discovery, improvement, or innovation 

of the contractor, whether or not 

patentable or otherwise protectable 

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 protectable under Title 17 

of the United States Code. 

Subject invention, in lieu of the 

definition in FAR 27.301, means any 

reportable item that is or may be 

patentable or otherwise protectable 

under Title 35 of the United States 

Code, or any novel variety of plant that 

is or may be protectable under the Plant 

Variety Protection Act (7 U.S.C. 2321, et 

seq.). 

1827.302 Policy. 

(a) Introduction. 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 20135 of the National 

Aeronautics and Space Act (51 U.S.C. 

20135) (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 

contractors subject to Section 20135 of 

the Act shall ensure the prompt 

reporting of reportable items in order to 

protect the Government’s interest and to 

provide the 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. (1) 

For NASA contracts, the contractor right 

to elect title under the FAR only applies 

to contracts with small businesses and 

nonprofit organizations. For other 

business entities, see paragraph (b)(2)(v) 

of this section; 

(2)(v) Under any NASA contract with 

other than a small business or nonprofit 

organization (i.e., contracts subject to 

section 20135(b) of the Act), title to 

subject inventions vests in NASA when 

the determinations of section 

20135(b)(1)(A) or (b)(1)(B) have been 

made. The Administrator may grant the 

contractor a waiver of title in 

accordance with 14 CFR part 1245. 

(3) Contractor petitions for waiver of 

title. The Administrator may waive all 

or any part of the rights of the United 

States with respect to any invention or 

class of inventions made or which may 

be made in the performance of NASA 

contracts with other than a small 

business firm or a nonprofit 

organization if the Administrator 

determines that the interests of the 

United States will be served. The 

procedures and instructions for 

contractors to submit petitions for 

waiver of rights in subject inventions 

are provided in the NASA Patent 

Waiver Regulations, 14 CFR part 1245, 

subpart 1, http://www.gpo.gov/fdsys/

pkg/CFR-2012-title14-vol5/pdf/CFR2012-title14-vol5-part1245.pdf. Waiver 

may be requested in advance of contract 

award for any subject invention or class 

of subject inventions or during contract 

performance for individually identified 

subject inventions reported under the 

contract. For individual identified 

subject inventions, the petition shall 

identify each invention with 

particularity (e.g., by NASA’s assigned 

number to the Disclosure of Invention 

and New Technology report or by title 

and inventorship). For advance waivers, 

the petition shall identify the invention 

or class of inventions that the Contractor 

believes will be made under the contract 

and for which waiver is being requested. 

To meet the statutory standard of ‘‘any 

invention or class of inventions,’’ the 

petition must be directed to a single 

invention or to inventions directed to a 

particular process, machine, 

manufacture, or composition of matter, 

or to a narrowly-drawn, focused area of 

technology. When a waiver of title is 

granted, the contractor’s right to title, 

the rights reserved by the Government, 

and other conditions and obligations of 

the waiver, such as requirements for 

reporting and filing patent applications 

on waived inventions, are provided in 

the NASA Patent Waiver Regulations, 

14 CFR part 1245, subpart 1, and the 

Instrument of Waiver executed under 

those Regulations. 

(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 title has been 

granted, 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. 

(e) Utilization reports. For each 

subject invention made in the 

performance of work under a NASA 

contract with other than a small 

business firm or a nonprofit 

organization and for which waiver of 

title has been granted, the requirements 

for utilization reports shall be as set 

forth in the NASA Patent Waiver 

Regulations, 14 CFR part 1245, subpart 

1, and the Instrument of Waiver 

executed under those Regulations. 

(f) March-in rights. For each subject 

invention made in the performance of 

work under a NASA contract with other 

than a small business firm or a nonprofit 

organization and for which waiver of 

title has been granted, march-in rights 

shall be as set forth in the NASA Patent 

Waiver Regulations, 14 CFR part 1245, 

subpart 1, and the Instrument of Waiver 

executed under those Regulations. 

(g) Preference for United States 

industry. For each subject invention 

made in the performance of work under 

a NASA contract with other than a small 

business firm or a nonprofit 

organization and for which waiver of 

title has been granted, waiver of the 

requirement for substantial manufacture 

in the United States shall be in 

accordance with Title 35 of the United 

States Code, section 204. 

(i) Minimum rights to contractor. (1) 

For NASA contracts with other than a 

small business firm or a nonprofit 

organization, where title to any subject 

inventions vests in NASA, the 

contractor is normally granted, in 

accordance with the NASA Patent 

Waiver Regulations, 14 CFR 1245.108, 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 


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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 procedures for revoking or 

modifying the license to a contractor 

that is other than a small business firm 

or a nonprofit organization are 

described in 14 CFR 1245.108. 

(k) Awards. It is the policy of NASA 

to consider for a monetary award, when 

referred to the NASA Inventions and 

Contributions Board in accordance with 

14 CFR part 1240, subpart 1, any subject 

invention reported to NASA in 

accordance with this subpart, and for 

which an application for patent has 

been filed. 

1827.303 Solicitation provisions and 

contract clauses. 

(a)(1) 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 when the eventual 

awardee may be a small business or a 

nonprofit organization. 

(b)(1) When the clause at FAR 52.227– 

11 is included in a solicitation or 

contract, it shall be modified as set forth 

at 1852.227–11. 

(i) To qualify for the clause at FAR 

52.227–11, a prospective contractor 

shall be required to represent itself as 

either a small business firm or a 

nonprofit organization. If the 

contracting officer has reason to 

question the size or nonprofit status of 

the prospective contractor, the 

contracting officer will follow the 

procedures at FAR 27.304–1(a). 

(iii) The contracting officer shall 

complete paragraph (j) of the clause at 

FAR 52.227–11 with the following: 

Communications and information 

submissions required by this clause will 

be made to the individuals identified in 

the clause at 1852.227–72, Designation 

of New Technology Representative and 

Patent Representative. 

(iv) See also paragraph (d)(3) of this 

section. 

(6) Alternate IV to 52.227–11 is not 

used in NASA contracts. See instead 

1827.303(b)(1). 

(7) The contracting officer shall 

consult with the center patent or 

intellectual property counsel regarding 

the use of Alternate V in contracts for 

the performance of services at a NASA 

installation when a contractor is 

directed to fulfill the Government’s 

obligations under a Cooperative 

Research and Development Agreement 

(CRADA) authorized by 15 U.S.C. 

3710a. Alternate V may be included in, 

or added to, the contract when it is 

contemplated that a Contractor will be 

directed to fulfill NASA’s obligations 

under a CRADA, but should be added 

prior to the contractor performing work 

under the CRADA. 

(d)(1) The contracting officer shall 

insert the clause at 1852.227–70, New 

Technology—Other than a Small 

Business Firm or Nonprofit 

Organization, in all NASA solicitations 

and contracts with other than a small 

business firm or a nonprofit 

organization (i.e., those subject to 

section 21035(b) of the Act), if the 

contract is to be performed in the 

United States, 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 

all inclusive): 

(i) Conduct of basic or applied 

research. 

(ii) 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. 

(iii) Development of any process or 

technique for attaining a NASA 

objective not readily attainable through 

the practice of a previously developed 

process or technique. 

(iv) 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. 

(v) Construction work or architectengineer services having as a purpose 

the performance of experimental, 

developmental, or research work or test 

and evaluation studies involving such 

work. 

(vi) 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 (i) through (v) 

of this section. 

(2) 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—Other 

than a Small Business Firm or Nonprofit 

Organization (see paragraph (d)(1) of 

this section). 

(3) 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, 

Patent Rights—Ownership by the 

Contractor, or 1852.227–70, New 

Technology—Other than a Small 

Business Firm or Nonprofit 

Organization (see paragraph (d)(1) of 

this section). It may also be inserted, 

upon consultation with the center 

patent or intellectual property counsel, 

in solicitations and contracts using 

another patent rights clause. The center 

New Technology and Patent 

Representatives are identified at http:// 

prod.nais.nasa.gov/portals/pl/new_

tech_pocs.html. 

(e)(1) When work is to be performed 

outside the United States 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 

center patent or 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—Ownership 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 

27.304–3 regarding subcontracts with 

U.S. firms.) 

(2) When one of the conditions in 

FAR 27.303(e)(1)(i) through (iv) is met, 

the contracting officer shall consult with 

the center patent or intellectual property 

counsel to determine the appropriate 

clause. 

1827.304 Procedures. 

1827.304–1 General. 

(b)(1) Exceptions. In any contract with 

other than a small business firm or 

nonprofit organization, the NASA 

Patent Waiver Regulations, 14 CFR part 

1245, subpart 1, shall apply. 

(c) 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)(3)), 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 part 1245, 

subpart 1. 

(d) Retention of rights by inventor. 

The NASA Patent Waiver Regulations, 

14 CFR part 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. 


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(f) Revocation or modification of 

contractor’s minimum rights. For 

contracts with other than a small 

business firm or a nonprofit 

organization, revocation or modification 

of the contractor’s license rights in 

subject inventions made and reported 

under the contract shall be in 

accordance with 14 CFR 1245.108 (see 

1827.302(i)(2)). 

(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 part 1245, subpart 

1. 

(h) Licenses and assignments under 

contracts with nonprofit organizations. 

The Headquarters Agency Counsel for 

Intellectual Property (ACIP) 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 of the 

Patent Representative, to the ACIP for 

approval. 

1827.304–2 Contracts placed by or for 

other Government agencies. 

(a)(3)(i) This subsection applies only 

to contracts placed by or for other 

agencies and not to task or delivery 

orders placed by or for other agencies 

against NASA Government-wide 

Acquisition Contracts (GWACs) or 

Multiple Agency Contracts (MACs). 

(ii) When a contract is placed for 

another agency with a small business or 

nonprofit organization and the agency 

does not request the use of a specific 

patent rights clause, the contracting 

officer shall use the clause at FAR 

52.227–11, Patent Rights—Ownership 

by the Contractor as modified by 

1852.227–11 (see 1827.303(b)(1)). 

(iii) When a contract is placed for 

another agency with other than a small 

business or nonprofit organization, the 

contracting officer, in accordance with 

Section 20135 of the Act, shall use the 

clause at 1852.227–70, New 

Technology—Other than a Small 

Business Firm or Nonprofit 

Organization (see 1827.303(d)(1). 

(iv) When work is to be performed 

outside the United States by contractors 

that are not domestic firms, the 

contracting officer shall use one of the 

clause described in 1827.303(e)(1). 

1827.304–3 Subcontracts. 

(a) Unless otherwise authorized or 

directed by the contracting officer, 

contractors awarding subcontracts at 

any tier shall select and include in the 

subcontracts one of the clauses 

identified in subparagraphs (a)(1) or (2) 

of this section. At all tiers, the 

applicable clause identified below shall 

be modified to identify the parties as 

follows: references to the Government 

are not changed, and in all references to 

the Contractor the subcontractor is 

substituted for the Contractor so that the 

subcontractor has all rights and 

obligations of the Contractor in the 

clause. 

(1) The clause at 1852.227–70, New 

Technology—Other than a Small 

Business Firm or Nonprofit 

Organization, shall be used 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(d)(1). 

(2) The clause at FAR 52.227–11, 

Patent Rights—Ownership by the 

Contractor, modified by 1852.227–11 

(see 1827.303(b)(1)), shall be used 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. 

1827.304–4 Appeals. 

FAR 27.304–4 shall apply unless 

otherwise provided in the NASA Patent 

Waiver Regulations, 14 CFR part 1245, 

subpart 1. 

1827.305 Administration of the patent 

rights clauses. 

1827.305–3 Securing invention rights 

acquired by the Government. 

When the Government acquires the 

entire right to, title to, and interest in an 

invention under the clause at 1852.227– 

70, New Technology—Other than a 

Small Business Firm or Nonprofit 

Organization, a determination of title is 

to be made in accordance with section 

20135(b) of the Act (51 U.S.C. 20135(b)), 

and reflected in appropriate instruments 

executed by NASA Administrator and 

forwarded to the contractor by the 

contracting officer. 

Subpart 1827.4—Rights in Data and 

Copyrights 

1827.404 Basic rights in data clause. 

1827.404–4 Contractor’s release, 

publication, and use of data. 

(b)(1) 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(b)(1)), the 

contractor shall 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. The prohibition on ‘‘release 

to others’’ does not prohibit release to 

another Federal Agency for its use or its 

contractors’ use, as long as any such 

release is consistent with any restrictive 

markings on the software. Any 

restrictive markings on the software 

shall take precedence over the 

aforementioned release. Any such 

release to a Federal Agency in 

accordance with this paragraph shall 

limit use to the Federal Agency or its 

contractors for Government purposes 

only. 

(2) The contracting officer may, in 

consultation with the center patent or 

intellectual property counsel, grant the 

contractor permission to assert claim to 

copyright, publish, or release to others 

computer software first produced in the 

performance of a contract if: 

(i) The contractor has identified an 

existing commercial computer software 

product line or proposes a new one and 

states a positive intention of 

incorporating identified computer 

software first produced under the 

contract into that line, either directly 

itself or through a licensee; 

(ii) The contractor has identified an 

existing open source software project or 

proposes a new one and states a positive 

intention of incorporating identified 

computer software first produced under 

the contract into that project, or has 

been instructed by the Agency to 

incorporate software first produced 

under the contract into an open source 

software project or otherwise release the 

software as open source software; 

(iii) The contractor has made, or will 

be required to make, substantial 

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 

(iv) The concurrence of the Agency 

Counsel for Intellectual Property, or 

designee, is obtained. 

(c)(1) The contractor’s request for 

permission in accordance with 

1827.404–4(b) may be made either 

before contract award or during contract 

performance. 

(2)(i) If the basis for permitting the 

assertion under 1827.404–4(b)(2) is 

subsection (i), then the permission shall 

be granted by a contract modification 

prepared by the contracting officer in 

consultation with the Center patent or 

intellectual property counsel that 

contains appropriate assurances that the 


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computer software will be incorporated 

into an existing or proposed new 

commercial computer software product 

line within a specified reasonable time, 

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. 

(ii) If the basis for permitting the 

assertion under 1827.404–4(b)(2) is 

paragraph (b)(2)(ii), then the permission 

shall be granted by a contract 

modification prepared by the 

contracting officer in consultation with 

the Center patent or intellectual 

property counsel that contains 

appropriate assurances that the 

computer software will be incorporated 

into an existing or proposed new open 

source project within a specified 

reasonable time, with contingencies 

enabling the Government to obtain the 

right to distribute the software for open 

source development, 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. 

(iii) If the basis for permitting the 

assertion under 1827.404–4(b)(2) is 

paragraph (b)(2)(iii), then the 

permission shall be granted by a 

contract modification that contains 

appropriate assurances that the agreed 

contributions to the Government are 

fulfilled, with contingencies enabling 

the Government to obtain assignment of 

copyright if such contributions do not 

occur in order to prevent the computer 

software from being suppressed or 

abandoned by the contractor. 

(iv) If the basis for permitting the 

assertion under 1827.404–4(b)(2) is 

paragraph (b)(2)(iv), then the permission 

shall be granted by a contract 

modification prepared by the 

contracting officer in consultation with 

the Center patent or intellectual 

property counsel that contains 

appropriate assurances as required by 

the Agency Counsel for Intellectual 

Property, or designee, including at the 

very least the right to obtain assignment 

of copyright in order to prevent the 

computer software from being 

suppressed or abandoned by the 

contractor. 

(3) 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 

1827.404–4(b)(2)(iii), the contributions 

of the Contractor are 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 assert claim to 

copyright, paragraph (d)(4)(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 

designated assignee. The contracting 

officer may, in consultation with the 

center patent or 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. 

1827.409 Solicitation provisions and 

contract clauses. 

(b)(1) When the clause at FAR 52.227– 

14, Rights in Data—General, is included 

in a solicitation or contract, it shall be 

modified as set forth at 1852.227–14. In 

contracts for basic or applied research to 

be performed solely by universities and 

colleges, the contracting officer shall 

consult with the center patent or 

intellectual property counsel regarding 

the addition of subparagraph (4) as set 

forth at 1852.227–14 to paragraph (d) of 

the clause at FAR 52.227–14 and they 

will consider the guidance provided at 

FAR 27.404–4. 

(2) The contracting officer, with the 

concurrence of the center patent or 

intellectual property counsel, is the 

approval authority for use of Alternate 

I of the clause at FAR 52.227–14. 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). 

(3) The contracting officer shall 

review the disclosure purposes listed in 

FAR 27.404–2(c)(1)(i) through (v) and, 

in consultation with the center patent or 

intellectual property counsel, determine 

which disclosure purposes apply based 

on the nature of the acquisition, and add 

them to paragraph (g)(3) of Alternate II 

of the clause at FAR 52.227–14, Rights 

in Data—General. If none apply, the CO 

shall insert ‘‘none’’. Additions to those 

specific purposes listed may be made 

only with the approval of the 

procurement officer and concurrence of 

the center patent or intellectual property 

counsel. 

(4) The contracting officer shall 

consult with the center patent or 

intellectual property counsel regarding 

the acquisition of restricted computer 

software with greater or lesser rights 

than those set forth in Alternate III of 

the clause at FAR 52.227–14, Rights in 

Data—General. Where it is impractical 

to actually modify the notice of 

Alternate III, such greater or lesser rights 

may be indicated by express reference 

in a separate clause in the contract or by 

a collateral agreement that addresses the 

change in the restricted rights. 

(5) The contracting officer, with the 

concurrence of the center patent or 

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 (but not for the management 

or operation of Government facilities). 

See the guidance at FAR 27.404–3(a)(3). 

(d) The clause at 52.227–16, 

Additional Data Requirements, shall be 

used in all solicitations and contracts 

involving experimental, developmental, 

research, or demonstration work (other 

than basic or applied research to be 

performed under a contract solely by a 

university or college when the contract 

amount will be $500,000 or less), unless 

after consultation between the 

Contracting Officer and the center 

patent or intellectual property counsel a 

determination is made otherwise. 

(h) Normally the clause at 52.227–20, 

Rights in Data—SBIR Program, is the 

only data rights clause used in SBIR 

contracts. However, if during the 

performance of an SBIR contract (Phase 

I, Phase II, or Phase III) the need arises 

for NASA to obtain delivery of limited 

rights data or restricted computer 

software as defined in the clause at FAR 

52.227–20, and the contractor agrees to 

such delivery, the limited rights data or 

restricted computer software may be 

acquired by modification of the contract 

(for example, by adding the clause at 

FAR 52.227–14 with any appropriate 

Alternates and making it applicable 

only to the limited rights data or 

restricted computer software to be 

delivered), using the rights and related 

restrictions as set forth in FAR 27.404– 

2 as a guide. 


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(m)(1) The contracting officer, shall 

consult with the center patent or 

intellectual property counsel and the 

installation software release authority to 

determine when to use the clause at 

1852.227–88, Government-furnished 

computer software and related technical 

data. 

(2) The clause may be included in, or 

added to, the contract when it is 

contemplated that computer software 

and related technical data will be 

provided to the contractor as 

Government-furnished information for 

use in performing the contract. 

PART 1828—BONDS AND INSURANCE 

■ 37. The authority citation for part 

1828 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

Subpart 1828.1 [Removed] 

■ 38. Remove subpart 1828.1. 

■ 39. In section 1828.311–1, the 

introductory text is revised to read as 

follows: 

1828.311–1 Contract clause. 

The contracting officer shall insert the 

clause at FAR 52.228–7, Insurance— 

Liability to Third Persons, in 

solicitations and contracts, other than 

those for construction contracts and 

those for architect-engineer services, 

when a cost-reimbursement contract is 

contemplated unless— 

* * * * * 

PART 1831—CONTRACTOR COST 

PRINCIPLES AND PROCEDURES 

■ 40. The authority citation for part 

1831 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1831.205–671 [Amended] 

■ 41. Section 1831.205–671 is amended 

by removing the phrase ‘‘in excess of 

$500,000’’ and replacing it with 

‘‘expected to exceed the threshold for 

requiring certified cost and pricing data 

as set forth in FAR 15.403–4.’’ 

PART 1832—CONTRACT FINANCING 

■ 42. The authority citation for part 

1832 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 43. In section 1832.705–270, 

paragraph (a) is revised to read as 

follows: 

1832.705–270 NASA clauses for limitation 

of cost or funds. 

(a) The contracting officer shall insert 

the clause at 1852.232–77, Limitation of 

Funds (Fixed-Price Contract), in 

solicitations and contracts for fixedprice, incrementally-funded contracts or 

task orders. 

* * * * * 

1832.1110 [Amended] 

■ 44. In section 1832.1110, remove and 

reserve paragraph (a). 

PART 1834—MAJOR SYSTEM 

ACQUISITION 

■ 45. The authority citation continues to 

read as follows: 

Authority: 42 U.S.C. 2473(c)(1). 

■ 46. Amend section 1834.201 as 

follows: 

■ a. In paragraph (a) introductory text, 

remove the word ‘‘acquisitions’’ in the 

first sentence and add in its place the 

word ‘‘contracts’’. 

■ b. In paragraph (a)(3), add the phrase 

‘‘Earned Value Management’’ before the 

acronym EVM and add parentheses 

around EVM. 

■ c. In the first sentence of paragraph 

(b), remove the phrase ‘‘earned value 

management’’ and add in its place 

‘‘EVM’’, and remove the phrase ‘‘a 

schedule management system’’ and add 

in its place ‘‘an Integrated Master 

Schedule (IMS)’’. 

■ d. In paragraph (d), add the phrase 

‘‘and the applicable NASA Center EVM 

Focal Point (http://evm.nasa.gov/

council.html)’’ between ‘‘office’’ and ‘‘in 

determining’’. 

■ e. In paragraph (e) remove ‘‘American 

National Standards Institute/Electronics 

Industries Alliance Standard’’ and the 

parentheses around the acronym ANSI/ 

EIA. 

■ f. Add paragraph (f). 

The addition reads as follows: 

1834.201 Policy. 

* * * * * 

(f) As a minimum, and in accordance 

with NPD 7120.5, requirements 

initiators shall ensure that EVMS 

monthly reports are included as a 

deliverable in the acquisition package 

provided to the procurement office for 

implementation into contracts where 

EVMS applies. Additionally, the 

acquisition package shall include a 

Contract Performance Report (CPR), IMS 

and a Work Breakdown Structure (WBS) 

and the appropriate data requirements 

descriptions (DRDs) for implementation 

into the contract. 

1834.203–70 [Amended] 

■ 47. Amend 1834.203–70 by removing 

‘‘1834.201(a)(3)’’ and adding in its place 

‘‘1834.201(c)’’ following 1834.201 in the 

first sentence. 

PART 1837—SERVICE CONTRACTING 

■ 48. The authority citation for part 

1837 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1837.203–70, 1837.203–71, and 1837.203–72 

[Removed] 

■ 49. Sections 1837.203–70, 1837.203– 

71, and 1837.203–72 are removed. 

PART 1841—ACQUISITION OF UTILITY 

SERVICES 

■ 50. The authority citation for this 

section continues to read as follows: 

Authority: 42 U.S.C. 2473(c)(1). 

Subpart 1841–5 [Removed and 

Reserved] 

■ 51. Remove and reserve Subpart 

1841.5. 

PART 1842—CONTRACT 

ADMINISTRATION 

■ 52. The authority citation for part 

1842 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1842.271 [Removed] 

■ 53. Section 1842.271 is removed. 

PART 1846—QUALITY ASSURANCE 

■ 54. The authority citation continues to 

read as follows: 

Authority: 42 U.S.C. 2473(c)(1). 

■ 55. Add Subpart 1846.1 to read as 

follows: 

Subpart—1846.1 General 

Sec. 

1846.102 Policy. 

Subpart—1846.1 General 

1846.102 Policy. 

(f) See NPR 8735.2, Section 2.1, 

concerning quality assurance for critical 

acquisition items. Generally, the quality 

assurance requirements set forth in the 

NPR for critical acquisition items are 

not allowed under Part 12 procedures. 

See FAR 12.208. 

■ 56. Section 1846.670–1 is revised to 

read as follows: 

1846.670–1 General. 

This subpart contains procedures and 

instructions for use of the DD Form 250, 

Material Inspection and Receiving 

Report (MIRR), (DD Form 250 series 

equivalents, and commercial shipping/

packing lists used to document 

Government contract quality assurance 

(CQA). 

■ 57. Section 1846.670–2 is revised to 

read as follows: 


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1846.670–2 Applicability. 

(a) This subpart applies to supplies or 

services acquired by or for NASA when 

the clause at 1852.246–72, Material 

Inspection and Receiving Report, is 

included in the contract. 

■ 58. Section 1846.670–3 is revised to 

read as follows: 

1846.670–3 Use. 

(a) The DD Form 250 is a 

multipurpose report used for— 

(1) Providing evidence of CQA at 

origin or destination; 

(2) Providing evidence of acceptance 

at origin or destination; 

(3) Packing lists; 

(4) Receiving; 

(5) Shipping; and 

(6) Contractor invoice support. 

(b) Do not use MIRRs for shipments— 

(1) By subcontractors, unless the 

subcontractor is shipping directly to the 

Government; or, 

(2) Of contract inventory. 

(c) The contractor prepares the DD 

Form 250, except for entries that an 

authorized Government representative 

is required to complete. The contractor 

shall furnish sufficient copies of the 

completed form, as directed by the 

Government Representative. 

■ 59. Section 1846.670–5 is revised to 

read as follows: 

1846.670–5 Forms. 

An electronic copy of the DD Form 

250 may be downloaded from the 

General Services Administration’s 

Forms Library at http://www.gsa.gov/

portal/category/100000. 

■ 60. In section 1846.672–1, paragraphs 

(a)(1), (b), (c), (h), (j), (k), (r)(1) 

introductory text, (r)(1)(i), (r)(3), and 

(r)(4)(ii) and (xi) are revised to read as 

follows: 

1846.672–1 Preparation Instructions. 

(a) * * * 

(1) Dates shall include nine spaces 

consisting of the four digits of the year, 

the first three letters of the month, and 

two digits for the date (e.g., 2012SEP24). 

* * * 

(b) Classified information. Do not 

include classified information on the 

MIRR. MIRRs must not be classified. 

(c) Block 1—PROCUREMENT 

INSTRUMENT IDENTIFICATION 

(CONTRACT NUMBER). Enter the tencharacter, alpha-numeric procurement 

identifier of the contract. 

* * * * * 

(h) Block 6—INVOICE. The contractor 

may enter the invoice number and 

actual or estimated date on all copies of 

the MIRR. When the date is estimated, 

enter an ‘‘E’’ after the date. Do not 

correct MIRRs to reflect the actual date 

of invoice submission. 

* * * 

(j) Block 8—ACCEPTANCE POINT. 

Enter an ‘‘S’’ for origin or ‘‘D’’ for 

destination as specified in the contract 

as the point of acceptance. 

(k) Block 9—PRIME CONTRACTOR. 

Enter the Commercial and Government 

Entity (CAGE) code and address. 

* * * * * 

(r) Block 16—STOCK/PART NO./

DESCRIPTION. (1) Enter, as applicable, 

for each item, using single spacing 

between each line item, the following: 

(i) The National Stock Number (NSN) 

or noncatalog number and, if applicable, 

prefix or suffix. When a number is not 

provided or it is necessary to 

supplement the number, include other 

identification such as the 

manufacturer’s name or Federal Supply 

Code (as published in Cataloging 

Handbook H4–1), and part numbers. 

Additional part numbers may be shown 

in parentheses. Also enter the 

descriptive noun of the item 

nomenclature and, if provided, the 

Government-assigned management/

material control code. In the case of 

equal-kind supply items, the first entry 

shall be the description without regard 

to kind (e.g., ‘‘Resistor’’). Below this 

description, enter the contract item 

number in Block 15 and stock/part 

number followed by the size or type in 

Block 16. 

* * * * * 

(3) For all contracts administered by 

the Defense Contract Management 

Agency, with the exception of fast pay 

procedures, enter and complete the 

following: 

Gross Shipping Wt.l(State weight in 

pounds only). 

(4) * * * 

(ii) When an NSN is required by, but 

not cited in, a contract and has not been 

furnished by the Government, shipment 

may be made at the direction of the 

contracting officer. Enter the authority 

for the shipment. 

* * * * * 

(xi) When test/evaluation results are a 

condition of acceptance and are not 

available before shipment, the following 

note shall be entered if the shipment is 

approved by the contracting officer: 

‘‘Note: Acceptance and payment are 

contingent upon receipt of approved 

test/evaluation results.’’ The contracting 

officer will advise (A) the consignee of 

the results (approval/disapproval) and 

(B) the contractor to withhold invoicing 

pending attachment to its invoice of the 

approved test/evaluation results. 

* * * * * 

1846–672–5 [Removed] 

■ 61a. Section 1846.672–5 is removed. 

1846.672–6 and 1846.672–7 [Redesignated 

as 1846.672–5 and 1846.672–6] 

■ 61b. Sections 1846–672–6 and 1846– 

672–7 are redesignated as 1846–672–5 

and 1846–672–6. 

■ 62. Section 1846.674 is revised to read 

as follows: 

1846.674 Contract clause. 

The contracting officer shall insert the 

clause at 1852.246–72, Material 

Inspection and Receiving Report, in 

solicitations and contracts when there 

will be separate and distinct 

deliverables, even if the deliverables are 

not separately priced. The clause is not 

required for— 

(1) Contracts awarded using 

simplified acquisition procedures; 

(2) Negotiated subsistence contracts; 

or 

(3) Contracts for which the deliverable 

is a scientific or technical report. Insert 

number of copies and distribution 

instructions in paragraph (a). 

PART 1851—USE OF GOVERNMENT 

SOURCES BY CONTRACTORS 

■ 63. The authority citation continues to 

read as follows: 

Authority: 42 U.S.C. 2473(c)(1). 

1851.102–70 [Removed] 

■ 64. Remove section 1851.102–70. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 65. The authority citation for part 

1852 continues to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1852.209–72 [Removed and Reserved] 

■ 66. Remove and reserve section 

1852.209–72. 

■ 67. Section 1852.215.77 is amended 

by adding paragraphs (c), (d), and (e) to 

read as follows: 

1852.215–77 Preproposal/Pre-Bid 

Conference. 

* * * * * 

PRE–PROPOSAL/PRE–BID CONFERENCE 

(MONTH/YEAR) 

* * * * * 

(c) Offerors, individuals, or interested 

parties who plan to attend the pre-proposal/ 

pre-bid conference must provide the 

Contracting Officer in writing, at a minimum, 

full name of the attendee(s), identification of 

nationality (U.S. or specify other nation 

citizenship), Lawful Permanent Resident 

Numbers in the case of foreign nationals, 

affiliation and full office address/phone 


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number. Center-specific security 

requirements for this pre-proposal/pre-bid 

conference will be given to a company 

representative prior to the conference or will 

be identified in this solicitation as follows: 

(fill-in). Examples of specific identification 

information which may be required include 

state driver’s license and social security 

number. Except for foreign nationals, the 

identification information must be provided 

at least (fill-in) working days in advance of 

the conference. This information shall be 

provided at least (fill-in) working days in 

advance of the conference for foreign 

nationals due to the longer badging and 

clearance processing time required. However, 

the Center reserves the right to determine 

foreign nationals may not be allowed on the 

Government site. The Government is not 

responsible for offerors’ inability to obtain 

clearance within sufficient time to attend the 

conference. Due to space limitations, 

representation of any potential Offeror may 

not exceed (fill-in) company representatives/ 

persons per Offeror. Any ‘‘lobbying firm or 

lobbyist’’ as defined in 2 U.S.C. 1602(9) and 

(10), or any Offeror represented by a lobbyist 

under the Lobbying Disclosure Act of 1995 

shall be specifically identified. 

(d) Visitors on NASA Centers are allowed 

to possess and use photographic equipment 

(including camera cell phones) and related 

materials EXCEPT IN CONTROLLED AREAS. 

Anyone desiring to use camera equipment 

during the conference should contact the 

Contracting Officer to determine if the site(s) 

to be visited is a controlled area. 

(e) The Government will respond to 

questions regarding this procurement 

provided such questions have been received 

at least five (5) working days prior to the 

conference. Other questions will be answered 

at the conference or in writing at a later time. 

All questions, together with the 

Government’s response, will be transmitted 

to all solicitation recipients via the 

government-wide point of entry (GPE). In 

addition, conference materials distributed at 

the preproposal/pre-bid conference will be 

made available to all potential offerors via 

the GPE using the NAIS Electronic Posting 

System. 

(End of provision) 

■ 68. Section 1852.215–81 is amended 

by: 

■ a. Revising the chart in paragraph (a); 

■ b. Adding a sentence at the end of 

paragraph (b); and 

■ c. Revising paragraph (c). 

The revisions and addition read as 

follows: 

1852.215–81 Proposal Page Limitations. 

(a) * * * 

Proposal section 

(List each volume or section) 

Page limit 

(Specify limit) 

[Proposal subsection] 

(List each subsection) 

(e.g. Offeror’s Subcontracting Plan should not exceed 20 pages) 

(b) * * * Other limitations/instructions 

identified as follows: (fill-in, if there are other 

limitations/instructions). 

(c) Identify any exclusions to the page 

limits that are excluded from the page counts 

specified in paragraph (a) of this provision 

(e.g. title pages, table of contents) as follows: 

(fill-in). In addition, the Cost section of your 

proposal is not page limited. However, this 

section is to be strictly limited to cost and 

price information. Information that can be 

construed as belonging in one of the other 

sections of the proposal will be so construed 

and counted against that section’s page 

limitation. 

* * * * * 

(End of provision) 

1852.216–88 [Amended] 

■ 69. Section 1852.216–88 is amended 

by: 

■ a. Removing the words ‘‘hardware’’ 

and ‘‘delivered’’ in paragraph (a) 

introductory text; 

■ b. Removing the word ‘‘hardware’’ 

and the second sentence in paragraph 

(a)(1); 

■ c. Removing the word ‘‘hardware’’ in 

paragraph (c); 

■ d. Removing the word ‘‘hardware’’ in 

paragraph (d); 

■ e. Removing the word ‘‘hardware’’ in 

paragraph (f); and 

■ f. Adding the word ‘‘descriptor’’ in 

paragraph (g)(1) between ‘‘numbers(s)’’ 

and ‘‘and/or nomenclature’’. 

1852.217–70 [Removed and Reserved] 

■ 70. Remove and reserve section 

1852.217–70. 

■ 71. In the introductory text in section 

1852.217–71, the reference 1817.7302(a) 

is revised to read as 1817.7002(a), and 

the last sentence in paragraph (e) is 

removed. 

■ 72a. Section 1852.219–11 is added to 

read as follows: 

1852.219–11 Special 8(a) Contract 

Conditions. 

As prescribed in 1819.811–3(a), insert 

the following clause in lieu of 52.219– 

11: 

SPECIAL 8(a) CONTRACT CONDITIONS 

(MONTH/YEAR) 

(a) This contract is issued as a direct award 

between the contracting activity and the 8(a) 

contractor pursuant to a Partnership 

Agreement between the Small Business 

Administration (SBA) and the National 

Aeronautics and Space Administration. 

Accordingly, the SBA is not a signatory to 

this contract. SBA does retain responsibility 

for 8(a) certification, 8(a) eligibility 

determinations and related issues, and 

providing counseling and assistance to the 

8(a) contractor under the 8(a) program. The 

cognizant SBA district office is: 

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(insert name and address of cognizant SBA 

office) 

(b) The contracting activity is responsible 

for administering the contract and taking any 

action on behalf of the Government under the 

terms and conditions of the contract; 

provided, however, that the contracting 

activity shall give advance notice to the SBA 

before it issues a final notice terminating 

performance, either in whole or in part, 

under the contract. The contracting activity 

shall also coordinate with the SBA prior to 

processing any novation agreement. The 

contracting activity may assign contract 

administration functions to a contract 

administration office. 

(c) The contractor agrees to notify the 

Contracting Officer, simultaneous with its 

notification to SBA (as required by SBA’s 8(a) 

regulations), when the owner or owners upon 

whom 8(a) eligibility is based plan to 

relinquish ownership or control of the 

concern. Consistent with Section 407 of 

Public Law 100–656, transfer of ownership or 

control shall result in termination of the 

contract for convenience, unless SBA waives 

the requirement for termination prior to the 

actual relinquishing of ownership and 

control. 

(End of clause) 

■ 72b. Section 1852.219–18 is added to 

read as follows: 

1852.219–18 Notification of Competition 

Limited to Eligible 8(a) Concerns. 

As prescribed in 1819.811–3(d), insert 

the following clause: 

NOTIFICATION OF COMPETITION 

LIMITED TO ELIGIBLE 8(A) CONCERNS 

(MONTH/YEAR) 

(a) Offers are solicited only from small 

business concerns expressly certified by the 

Small Business Administration (SBA) for 

participation in the SBA’s 8(a) Program and 

which meet the following criteria at the time 

of submission of offer— 

(1) The Offeror is in conformance with the 

8(a) support limitation set forth in its 

approved business plan; and 

(2) The Offeror is in conformance with the 

Business Activity Targets set forth in its 

approved business plan or any remedial 

action directed by the SBA. 

(b) By submission of its offer, the Offeror 

represents that it meets all of the criteria set 

forth in paragraph (a) of this clause. 

(c) Any award resulting from this 

solicitation will be made directly by the 


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Contracting Officer to the successful 8(a) 

offeror selected through the evaluation 

criteria set forth in this solicitation. 

(d)(1) Agreement. A small business 

concern submitting an offer in its own name 

shall furnish, in performing the contract, 

only end items manufactured or produced by 

small business concerns in the United States 

or its outlying areas. If this procurement is 

processed under simplified acquisition 

procedures and the total amount of this 

contract does not exceed $25,000, a small 

business concern may furnish the product of 

any domestic firm. This paragraph does not 

apply to construction or service contracts. 

(2) The llllll[insert name of SBA’s 

contractor] will notify thellllll[insert 

name of contracting agency] Contracting 

Officer in writing immediately upon entering 

an agreement (either oral or written) to 

transfer all or part of its stock or other 

ownership interest to any other party. 

(End of clause) 

1852–219–74 [Removed and Reserved] 

■ 73. Remove and reserve section 

1852.219–74. 

■ 74. Section 1852.219–75 is revised to 

read as follows: 

1852.219–75 Individual Subcontracting 

Reports. 

As prescribed in 1819.708–70(b), 

insert the following clause: 

INDIVIDUAL SUBCONTRACTING 

REPORTS (MONTH/YEAR) 

When submitting Individual 

Subcontracting Reports in eSRS in 

accordance with FAR 52.219–9(l) (1), the 

contractor shall enter goals as a percentage of 

total contract value as well as a percentage 

of total subcontract dollars. 

(End of clause) 

1852–219–76 [Removed and Reserved] 

■ 75. Remove and reserve section 

1852.219–76. 

1852–219–77 [Amended] 

■ 76. In section 1852.219–77, (MAY 

2009) is removed and (MONTH/YEAR) 

is added in its place, and remove the 

word ‘‘certified’’ in the second sentence 

of paragraph (b)(2). 

■ 77. Section 1852.219–79 is amended 

by: 

■ a. Removing the words ‘‘(MAY 2009)’’ 

are removed and adding in their place 

‘‘(MONTH/YEAR)’’; 

■ b. Revising in the second sentence of 

paragraph (a) ‘‘NASA SBIR’’ to read 

‘‘NASA SBIR/STTR’’; and 

■ c. Adding paragraph (b)(5). 

The addition reads as follows: 

1852.219–79 Mentor Requirements and 

Evaluation. 

* * * * * 

(b) * * * 

(5) To what extent the mentor 

contributed to advancing the prote ́ge ́’s 

technical readiness level. 

* * * * * 

■ 78. Section 1852.223–71 is revised to 

read as follows: 

1852.223–71 Authorization for Radio 

Frequency Use. 

As prescribed in 1823.7101, insert the 

following clause: 

AUTHORIZATION FOR RADIO 

FREQUENCY USE (MONTH/YEAR) 

(a) The contractor or subcontractor shall 

obtain equipment authorization of use of 

radio frequencies required in support of this 

contract following the procedures in NPR 

2570.1, NASA Radio Frequency (RF) 

Spectrum Management Manual. 

(b) For any experimental, developmental, 

or operational equipment for which the 

appropriate equipment frequency 

authorization has not been made, the 

Contractor or subcontractor shall provide the 

technical and operating characteristics of the 

proposed electromagnetic radiating device to 

the NASA Center Facility Spectrum Manager 

during the initial planning, experimental, or 

developmental phase of contractual 

performance. 

(c) This clause, including this paragraph 

(c), shall be included in all subcontracts that 

call for developing, producing, testing, or 

operating a device for which a radio 

frequency authorization is required. 

(End of clause) 

1852–223–73 [Amended] 

■ 79. Section 1852.223–73 is amended 

as follows: 

■ a. Remove (NOVEMBER 2004) and 

add (MONTH/YEAR) in its place. 

■ b. In paragraph (a), the reference ‘‘NPR 

8715.3’’ is revised to read ‘‘NASA 

General Safety Program Requirements 

Manual, Appendix E’’. 

■ c. In Alternate, the reference ‘‘NPR 

8715.3’’ is revised to read ‘‘NASA 

General Safety Program Requirements 

Manual, Appendix E’’. 

■ 80. Section 1852.227–11 is revised to 

read as follows: 

1852.227–11 Patent Rights—Ownership by 

the Contractor (DATE). 

As prescribed at 1827.303(b)(1), 

modify the clause at FAR 52.227–11 by: 

(1) Adding the following subparagraphs (5) 

and (6) to paragraph (c) of the basic clause; 

(2) By adding the following subparagraph 

(iii) to paragraph (e)(1) of the basic clause; 

(3) By using the following paragraph (j) in 

lieu of paragraph (j) of the basic clause; and 

(4) By using the following subparagraph (2) 

in lieu of subparagraph (k)(2) of the basic 

clause: 

(5) The Contractor may use whatever 

format is convenient to disclose subject 

inventions required in subparagraph (c)(1). 

NASA prefers that the contractor use either 

the electronic or paper version of NASA 

Form 1679, Disclosure of Invention and New 

Technology (Including Software) to disclose 

subject inventions. Both the electronic and 

paper versions of NASA Form 1679 may be 

accessed at the electronic New Technology 

Reporting Web site http://invention.nasa.gov. 

(6) In addition to the above, the Contractor 

shall provide the New Technology 

Representative identified in this contract at 

1852.227–72 the following: 

(i) An interim new technology summary 

report every 12 months (or such longer 

period as the Contracting Officer may 

specify) from the date of the contract, listing 

all subject inventions required to be 

disclosed during the period or certifying that 

there were none. 

(ii) A final new technology summary 

report, within 3 months after completion of 

the contracted work, listing all subject 

inventions or certifying that there were none. 

(iii) Upon request, the filing date, serial 

number and title, a copy of the patent 

application, and patent number and issue 

date for any subject invention in any country 

in which the contractor has applied for 

patents. 

(iv) An irrevocable power to inspect and 

make copies of the patent application file, by 

the Government, when a Federal Government 

employee is a co-inventor. 

(End of addition) 

(iii) The Contractor shall, through 

employee agreements or other suitable 

Contractor policy, require that its employees 

‘‘will assign and do hereby assign’’ to the 

Contractor all right, title, and interest in any 

subject invention under this Contract. 

(End of addition) 

(j) For the purposes of this clause, 

communications between the Contractor and 

the Government shall be as specified in the 

NASA FAR Supplement at 1852.227–72, 

Designation of New Technology 

Representative and Patent Representative. 

(End of addition) 

(2) The Contractor shall include the clause 

in the NASA FAR Supplement at 1852.227– 

70, New Technology—Other than a Small 

Business Firm or Nonprofit Organization, 

suitably modified to identify the parties, in 

all subcontracts, regardless of tier, for 

experimental, developmental, research, 

design, or engineering work to be performed 

by other than a small business firm or 

nonprofit organization. At all tiers, the New 

Technology—Other than a Small Business 

Firm or Nonprofit Organization clause shall 

be modified to identify the parties as follows: 

references to the Government are not 

changed, and in all references to the 

Contractor the subcontractor is substituted 

for the Contractor so that the subcontractor 

has all rights and obligations of the 

Contractor in the clause. 

(End of substitution) 

■ 81. Section 1852.227–14 is revised to 

read as follows: 


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1852.227–14 Rights In Data—General 

(DATE). 

As prescribed in 1827.409(b)(1), 

modify the clause at FAR 52.227–14 by: 

(1) adding the following subparagraph 

(iv) to paragraph (c)(1) of the basic 

clause; (2) by adding the following 

provision to the end of Alternate IV if 

used in lieu of paragraph (c)(1) of the 

basic clause; and (3) by adding 

subparagraph (4) to paragraph (d) of the 

basic clause: 

(iv) The contractor shall mark each 

scientific and technical article based on 

or containing data first produced in the 

performance of this contract and 

submitted for publication in academic, 

technical or professional journals, 

symposia proceedings or similar works 

with a notice, similar in all material 

respects to the following, on the cover 

or first page of the article, reflecting the 

Government’s non-exclusive worldwide 

license in the copyright. 

GOVERNMENT RIGHTS NOTICE 

This work was authored by employees of 

[insert the name of the Contractor] under 

Contract No. [insert contract number] with 

the National Aeronautics and Space 

Administration. The United States 

Government retains and the publisher, by 

accepting the article for publication, 

acknowledges that the United States 

Government retains a non-exclusive, paid-up, 

irrevocable, worldwide license to reproduce, 

prepare derivative works, distribute copies to 

the public, and perform publicly and display 

publicly, or allow others to do so, for United 

States Government purposes. All other rights 

are reserved by the copyright owner. 

(End of Notice) 

(End of addition) 

The contractor shall mark each 

scientific and technical article based on 

or containing data first produced in the 

performance of this contract and 

submitted for publication in academic, 

technical or professional journals, 

symposia proceedings or similar works 

with a notice, similar in all material 

respects to teh following, on the cover 

or first page of the article, reflecting the 

Government’s non-exclusive worldwide 

license in the copyright. 

GOVERNMENT RIGHTS NOTICE 

This work was authored by employees of 

[insert the name of the Contractor] under 

Contract No. [insert contract number] with 

the National Aeronautics and Space 

Administration. The United States 

Government retains and the publisher, by 

accepting the article for publication, 

acknowledges that the United States 

Government retains a non-exclusive, paid-up, 

irrevocable, worldwide license to reproduce, 

prepare derivative works, distribute copies to 

the public, and perform publicly and display 

publicly, or allow others to do so, for United 

States Government purposes. All other rights 

are reserved by the copyright owner. 

(End of Notice) 

(End of addition) 

(4)(i) The Contractor agrees not to assert 

claim to copyright, publish or release to 

others any computer software first produced 

in the performance of this contract unless the 

Contracting Officer authorizes through a 

contract modification. 

(ii) The prohibition on ‘‘release to others,’’ 

as set forth in (d)(4)(i), does not prohibit 

release to another Federal Agency for its use 

or its contractors’ use, as long as any such 

release is consistent with any restrictive 

markings on the software. Any restrictive 

markings on the software shall take 

precedence over the aforementioned release. 

Any release to a Federal Agency shall limit 

use to the Federal Agency or its contractors 

for Government purposes only. Any other 

release shall require the Contracting Officer’s 

prior written permission. 

(iii) If the Government desires to obtain 

copyright in computer software first 

produced in the performance of this contract 

and permission has not been granted as set 

forth in paragraph (d)(4)(i) of this clause, the 

Contracting Officer may direct the contractor 

to assert, or authorize the assertion of, a 

claim to copyright in such data and to assign, 

or obtain the assignment of, such copyright 

to the Government or its designated assignee. 

(End of addition) 

■ 82. Section 1852.227–70 is revised to 

read as follows: 

1852.227–70 New Technology—Other than 

a Small Business Firm or Nonprofit 

Organization. 

As prescribed in 1827.303(d)(1), insert 

the following clause: 

NEW TECHNOLOGY (MONTH/YEAR) 

(a) Definitions. As used in this clause— 

‘‘Administrator’’ means the Administrator 

of the National Aeronautics and Space 

Administration (NASA) or duly authorized 

representative. 

‘‘Made’’ means— 

(1) When used in relation to any invention 

other than a plant variety, the conception or 

first actual reduction to practice of the 

invention; or 

(2) When used in relation to a plant 

variety, that the Contractor has at least 

tentatively determined that the variety has 

been reproduced with recognized 

characteristics. 

‘‘Nonprofit organization’’ means a 

domestic university or other institution of 

higher education or an organization of the 

type described in section 501(c)(3) of the 

Internal Revenue Code of 1954 (26 U.S.C. 

501(c)) and exempt from taxation under 

section 501(a) of the Internal Revenue Code 

(26 U.S.C. 501(a)), or any domestic nonprofit 

scientific or educational organization 

qualified under a State nonprofit 

organization statute. 

‘‘Practical application’’ means to 

manufacture, in the case of a composition or 

product; to practice, in the case of a process 

or method; or to operate, in the case of a 

machine or system; and, in each case, under 

such conditions as to establish that the 

invention is being utilized and that its 

benefits are, to the extent permitted by law 

or Government regulations, available to the 

public on reasonable terms. 

‘‘Reportable item’’ means any invention, 

discovery, improvement, or innovation of the 

contractor, whether or not patentable or 

otherwise protectable 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. 

‘‘Small business firm’’ means a domestic 

small business concern as defined at 15 

U.S.C. 632 and implementing regulations of 

the Administrator of the Small Business 

Administration. (For the purpose of this 

definition, the criteria and size standard 

adopted in the FAR Subpart 2.1 definitions 

for ‘‘small business concern’’ and for ‘‘small 

business subcontractor’’ will be used.) 

‘‘Subject invention’’ means any reportable 

item which 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.). 

(b) Allocation of principal rights—(1) 

Presumption of title. (i) Any reportable item 

that the Administrator considers to be a 

subject invention shall be presumed to have 

been made in the manner specified in 

paragraph (1)(A) or (1)(B) of Section 20135(b) 

of the National Aeronautics and Space Act 

(51 U.S.C. 20135(b)) (hereinafter ‘‘the Act’’), 

and the above presumption shall be 

conclusive unless at the time of reporting the 

reportable item in accordance with paragraph 

(e)(2) of this clause the Contractor submits to 

the Contracting Officer a written statement, 

containing supporting details, demonstrating 

that the reportable item was not made in the 

manner specified in the Act. 

(ii) Regardless of whether title to a given 

subject invention would otherwise be subject 

to an advance waiver or is the subject of a 

petition for waiver as described in paragraph 

(b)(3) of this clause, the Contractor may 

nevertheless file the statement described in 

paragraph (b)(1)(i) of this clause. The 

Administrator will review the information 

furnished by the Contractor in any such 

statement and any other available 

information relating to the circumstances 

surrounding the making of the subject 

invention and will notify the Contractor 

whether the Administrator has determined 

that the subject invention was made in the 

manner specified in paragraph (1)(A) or 

(1)(B) of Section 20135(b) of the Act. 


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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12949 

(2) Property rights in subject inventions. 

Each subject invention for which the 

presumption of paragraph (b)(1)(i) of this 

clause is conclusive or for which there has 

been a determination that it was made in the 

manner specified in paragraph (1)(A) or 

(1)(B) of Section 20135(b) of the Act shall be 

the exclusive property of the United States as 

represented by NASA unless the 

Administrator waives all or any part of the 

rights of the United States, as provided in 

paragraph (b)(3) of this clause. 

(3) Waiver of rights. (i) Section 20135(g) of 

the Act provides for the promulgation of 

regulations by which the Administrator may 

waive all or any part of the rights of the 

United States with respect to any invention 

or class of inventions made or that may be 

made under conditions specified in 

paragraph (1)(A) or (1)(B) of Section 20135(b) 

of the Act. The promulgated NASA Patent 

Waiver Regulations, 14 CFR part 1245, 

subpart 1, provide procedures for the 

Contractor to submit petitions (requests) for 

waiver of rights and guidance for NASA in 

acting on petitions for such waiver of rights. 

(ii) As provided in 14 CFR part 1245, 

subpart 1, the Contractor may petition, either 

prior to execution of the contract or within 

30 days after execution of the contract, for 

advance waiver of rights to any invention or 

class of inventions that may be made under 

a contract. If such a petition is not submitted, 

or if after submission it is denied, the 

Contractor (or an employee inventor of the 

Contractor) may petition for waiver of rights 

to an identified subject invention within 

eight months of first disclosure of invention 

in accordance with paragraph (e)(2) of this 

clause, or within such longer period as may 

be authorized in accordance with 14 CFR 

1245.105. 

(c) Minimum rights reserved by the 

Government. 

(1) With respect to each subject invention 

for which a waiver of rights has been granted, 

the Government reserves— 

(i) 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 with the United 

States; and 

(ii) Such other rights as stated in 14 CFR 

1245.107. 

(2) Nothing contained in this paragraph (c) 

shall be considered to grant to the 

Government any rights with respect to any 

invention other than a subject invention. 

(d) Minimum rights to the Contractor. 

(1) The Contractor is hereby granted a 

revocable, nonexclusive, royalty-free license 

in each patent application filed in any 

country on a subject invention in which the 

Government has title and in any resulting 

patent, unless the Contractor fails to disclose 

the subject invention within the times 

specified in paragraph (e)(2) of this clause. 

The Contractor’s license extends to its 

domestic subsidiaries and affiliates, if any, 

within the corporate structure of which the 

Contractor is a party 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 is 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 Contractor’s domestic license may 

be revoked or modified by the Administrator 

to the extent necessary to achieve 

expeditious practical application of the 

subject invention pursuant to an application 

for an exclusive license submitted in 

accordance with 37 CFR part 404, Licensing 

of Government Owned Inventions. The 

Contractor’s license will not be revoked in 

that field of use or the geographical areas in 

which the Contractor has achieved practical 

application and continues to make the 

benefits of the invention reasonably 

accessible to the public. The license in any 

foreign country may be revoked or modified 

at the discretion of the Administrator to the 

extent the Contractor, its licensees, or its 

domestic subsidiaries or affiliates have failed 

to achieve practical application in that 

foreign country. 

(3) Before revoking or modifying the 

Contractor’s license, the Contractor will be 

provided a written notice of the 

Administrator’s intention to revoke or modify 

the license, and the Contractor will be 

allowed 30 days (or such other time as may 

be authorized by the Administrator for good 

cause shown) after the notice to show cause 

why the license should not be revoked or 

modified. The Contractor has the right to 

appeal to the Administrator any decision 

concerning the revocation or modification of 

its license. 

(e) Contractor’s obligations. 

(1) The Contractor shall establish and 

maintain active and effective procedures to 

assure that reportable items are promptly 

identified and disclosed to Contractor 

personnel responsible for the administration 

of this New Technology—Other Than a Small 

Business Firm or Nonprofit Organization 

clause within six months of conception and/ 

or first actual reduction to practice, 

whichever occurs first in the performance of 

work under this contract. These procedures 

shall include the maintenance of laboratory 

notebooks or equivalent records and other 

records as are reasonably necessary to 

document the conception and/or the first 

actual reduction to practice of the reportable 

items, and records that show that the 

procedures for identifying and disclosing 

reportable items are followed. Upon request, 

the Contractor shall furnish the Contracting 

Officer a description of such procedures for 

evaluation and for determination as to their 

effectiveness. 

(2) The Contractor shall disclose in writing 

each reportable item to the Contracting 

Officer within two months after the inventor 

discloses it in writing to Contractor 

personnel responsible for the administration 

of this New Technology—Other Than a Small 

Business Firm or Nonprofit Organization 

clause or within six months after the 

Contractor becomes aware that a reportable 

item has been made, whichever is earlier, but 

in any event for subject inventions before any 

on sale, public use, or publication of such 

invention known to the Contractor. The 

disclosure to the agency shall identify the 

inventor(s) or innovator(s) and this contract 

under which the reportable item was made. 

It shall be sufficiently complete in technical 

detail to convey a clear understanding, to the 

extent known at the time of the disclosure, 

of the nature, purpose, operation, and 

physical, chemical, biological, or electrical 

characteristics of the reportable item. The 

disclosure shall also identify any publication, 

sale or offer for sale, or public use of any 

subject invention and whether a manuscript 

describing such invention has been 

submitted for publication and, if so, whether 

it has been accepted for publication at the 

time of disclosure. In addition, after 

disclosure to the agency, the Contractor will 

promptly notify the agency of the acceptance 

of any manuscript describing a subject 

invention for publication or of any sale, offer 

for sale, or public use planned by the 

Contractor for such invention. 

(3) The Contractor may use whatever 

format is convenient to disclose reportable 

items required in subparagraph (e)(2). NASA 

prefers that the Contractor use either the 

electronic or paper version of NASA Form 

1679, Disclosure of Invention and New 

Technology (including computer software) to 

disclose reportable items. Both the electronic 

and paper versions of NASA Form 1679 may 

be accessed at the electronic New 

Technology Reporting Web site http://

invention.nasa.gov. 

(4) The Contractor shall furnish the 

Contracting Officer the following: 

(i) Interim new technology summary 

reports every 12 months (or such longer 

period as may be specified by the Contracting 

Officer) from the date of the contract, listing 

reportable items during that period, and 

certifying that all reportable items have been 

disclosed (or that there are no such 

inventions). 

(ii) A final new technology summary 

report, within 3 months after completion of 

the contracted work, listing all reportable 

items or certifying that there were no such 

reportable items, and listing all subcontracts 

at any tier containing a patent rights clause 

or certifying that there were no such 

subcontracts. 

(5) The Contractor agrees, upon written 

request of the Contracting Officer, to furnish 

additional technical and other information 

available to the Contractor as is necessary for 

the preparation of a patent application on a 

subject invention and for the prosecution of 

the patent application, and to execute all 

papers necessary to file patent applications 

on subject inventions and to establish the 

Government’s rights in the subject 

inventions. 

(6) The Contractor agrees, subject to 

paragraph 27.302(j) of the Federal 

Acquisition Regulation (FAR), that the 

Government may duplicate and disclose 

subject invention disclosures and all other 

reports and papers furnished or required to 

be furnished pursuant to this clause. 

(f) Examination of records relating to 

inventions. 

(1) The Contracting Officer or any 

authorized representative shall, until 3 years 

after final payment under this contract, have 

the right to examine any books (including 

laboratory notebooks), records, and 


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documents of the Contractor relating to the 

conception or first actual reduction to 

practice of inventions in the same field of 

technology as the work under this contract to 

determine whether— 

(i) Any such inventions are subject 

inventions; 

(ii) The Contractor has established and 

maintained the procedures required by 

paragraph (e)(1) of this clause; and 

(iii) The Contractor and its inventors have 

complied with the procedures. 

(2) If the Contracting Officer learns of an 

unreported Contractor invention that the 

Contracting Officer believes may be a subject 

invention, the Contracting Officer may 

require the Contractor to disclose the 

invention to the agency for a determination 

of ownership rights. 

(3) Any examination of records under this 

paragraph will be subject to appropriate 

conditions to protect the confidentiality of 

the information involved. 

(g) Withholding of payment (this paragraph 

does not apply to subcontracts). 

(1) Any time before final payment under 

this contract, the Contracting Officer may, in 

the Government’s interest, withhold payment 

until a reserve not exceeding $50,000 or 5 

percent of the amount of this contract, 

whichever is less, shall have been set aside 

if, in the Contracting Officer’s opinion, the 

Contractor fails to— 

(i) Establish, maintain, and follow effective 

procedures for identifying and disclosing 

reportable items pursuant to paragraph (e)(1) 

of this clause; 

(ii) Disclose any reportable items pursuant 

to paragraph (e)(2) of this clause; 

(iii) Deliver acceptable interim new 

technology summary reports pursuant to 

paragraph (e)(4)(i) of this clause or a final 

new technology summary report pursuant to 

paragraph (e)(4) (ii) of this clause; or 

(iv) Provide the information regarding 

subcontracts pursuant to paragraph (h)(4) of 

this clause. 

(2) Such reserve or balance shall be 

withheld until the Contracting Officer has 

determined that the Contractor has rectified 

whatever deficiencies exist and has delivered 

all reports, disclosures, and other 

information required by this clause. 

(3) Final payment under this contract shall 

not be made before the Contractor delivers to 

the Contracting Officer all disclosures of 

reportable items required by paragraph (e)(2) 

of this clause, and an acceptable final new 

technology summary report pursuant to 

paragraph (e)(4)(ii) of this clause. 

(4) The Contracting Officer may decrease or 

increase the sums withheld up to the 

maximum authorized above. No amount shall 

be withheld under this paragraph while the 

amount specified by this paragraph is being 

withheld under other provisions of the 

contract. The withholding of any amount or 

the subsequent payment thereof shall not be 

construed as a waiver of any Government 

rights. 

(h) Subcontracts. 

(1) Unless otherwise authorized or directed 

by the Contracting Officer, the Contractor 

shall— 

(i) Include this clause (suitably modified to 

identify the parties) in any subcontract 

hereunder (regardless of tier) with other than 

a small business firm or nonprofit 

organization for the performance of 

experimental, developmental, or research 

work; or 

(ii) Include the clause at FAR 52.227–11, 

as modified by 1852.227–11, (suitably 

modified to identify the parties) in any 

subcontract hereunder (regardless of tier) 

with a small business firm or nonprofit 

organization for the performance of 

experimental, developmental, or research 

work; and 

(iii) Modify the applicable clause in any 

subcontract hereunder (regardless of tier) to 

identify the parties as follows: references to 

the Government are not changed, and in all 

references to the Contractor, the 

subcontractor is substituted for the 

Contractor so that the subcontractor has all 

rights and obligations of the Contractor in the 

clause. 

(2) In the event of a refusal by a 

prospective subcontractor to accept such a 

clause the Contractor— 

(i) Shall promptly submit a written notice 

to the Contracting Officer setting forth the 

subcontractor’s reasons for such refusal and 

other pertinent information that may 

expedite disposition of the matter; and 

(ii) Shall not proceed with such 

subcontract without the written authorization 

of the Contracting Officer. 

(3) In the case of subcontracts at any tier, 

the agency, subcontractor, and Contractor 

agree that the mutual obligations of the 

parties created by this clause constitute a 

contract between the subcontractor and 

NASA with respect to those matters covered 

by this clause. 

(4) The Contractor shall promptly notify 

the Contracting Officer in writing upon the 

award of any subcontract hereunder 

(regardless of tier) by identifying the 

subcontractor, the applicable patent rights 

clause in the subcontract, the work to be 

performed under the subcontract, and the 

dates of award and estimated completion. 

Upon request of the Contracting Officer, the 

Contractor shall furnish a copy of such 

subcontract, and, no more frequently than 

annually, a listing of the subcontracts that 

have been awarded. 

(5) The subcontractor will retain all rights 

provided for the Contractor in the clause of 

paragraph (h)(1)(i) or (ii) of this clause, 

whichever is included in the subcontract, 

and the Contractor will not, as part of the 

consideration for awarding the subcontract, 

obtain rights in the subcontractor’s subject 

inventions. 

(i) Preference for United States industry. 

Unless provided otherwise, no Contractor 

that receives title to any subject invention 

and no assignee of any such Contractor shall 

grant to any person the exclusive right to use 

or sell any subject invention in the United 

States unless such person agrees that any 

products embodying the subject invention 

will be manufactured substantially in the 

United States. However, in individual cases, 

the requirement may be waived by the 

Administrator upon a showing by the 

Contractor or assignee that reasonable but 

unsuccessful efforts have been made to grant 

licenses on similar terms to potential 

licensees that would be likely to manufacture 

substantially in the United States or that 

under the circumstances domestic 

manufacture is not commercially feasible. 

(End of clause) 

■ 83. Section 1852.227–71 is revised to 

read as follows: 

1852.227–71 Requests for Waiver of 

Rights to Inventions. 

As prescribed in 1827.303(d)(2), insert 

the following provision in all 

solicitations that include the clause at 

1852.227–70, New Technology—Other 

than a Small Business Firm or Nonprofit 

Organization: 

REQUESTS FOR WAIVER OF RIGHTS TO 

INVENTIONS (MONTH/YEAR) 

(a) In accordance with Section 20135(g) of 

the National Aeronautics and Space Act (51 

U.S.C. 20135(g)) (hereinafter ‘‘the Act’’) and 

the NASA Patent Waiver Regulations, 14 CFR 

part 1245, subpart 1, NASA may waive all or 

any part of the rights of the United States 

with respect to any invention or class of 

inventions made or that may be made under 

a NASA contract or subcontract with other 

than a small business firm or a domestic 

nonprofit organization if the Administrator 

determines that the interests of the United 

States will be served thereby. Waiver of 

rights in inventions made or that may be 

made under such NASA contract or 

subcontract may be requested at different 

time periods. Advance waiver of rights to any 

invention or class of inventions that may be 

made under a contract or subcontract may be 

requested prior to the execution of the 

contract or subcontract, or within 30 days 

after execution by the selected contractor (or 

such longer period as may be specified by the 

Contracting Officer). In addition, waiver of 

rights to an individually identified invention 

or to a class of inventions made and reported 

under a contract or subcontract may be 

requested, even though a request for an 

advance waiver was not made or, if made, 

was not granted. 

(b) Each request for waiver of rights shall 

be by petition to the Administrator. No 

specific forms need be used, but the request 

should contain a positive statement that 

waiver of rights is being requested under the 

NASA Patent Waiver Regulations; a clear 

indication of whether the request is for an 

advance waiver or for a waiver of rights for 

an individually identified invention or class 

of inventions; whether foreign rights are also 

requested and, if so, the countries, and a 

citation of the specific section or sections of 

the regulations under which such rights are 

requested. For individually identified 

inventions or a class of inventions, the 

petition shall identify each invention with 

particularity (e.g., by NASA’s assigned 

number to the Disclosure of Invention and 

New Technology report or by title and 

inventorship). For advance waivers, the 

petition shall identify the invention or class 

of inventions that the Contractor believes 

will be made under the contract and for 

which waiver is being requested. To meet the 

statutory standard of ‘‘any invention or class 


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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12951 

of inventions,’’ the petition must be directed 

to a single invention or to inventions directed 

to a particular process, machine, 

manufacture, or composition of matter, or to 

a narrowly-drawn, focused area of 

technology. Additionally, each petition shall 

include an identification of the petitioner; 

place of business and address; if petitioner is 

represented by counsel, the name, address 

and telephone number of the counsel; the 

name, address, and telephone number of the 

party with whom to communicate when the 

request is acted upon; the signature of the 

petitioner or authorized representative; and 

the date of signature. In general, waivers are 

granted in order to provide for the widest 

practicable dissemination of new technology 

resulting from NASA programs, and to 

promote early utilization, expeditious 

development, and continued availability of 

this new technology for commercial purposes 

and the public benefit. Thus, it is preferable 

that the petition also include a description of 

the Contractor’s plan for commercializing the 

invention or class of inventions for which 

waiver is being requested (e.g., identify 

specific fields of use). 

(c) Petitions for advance waiver of rights 

should, preferably, be included with the 

proposal, or at least in advance of contract 

negotiations. Petitions for advance waiver, 

prior to contract execution, shall be 

submitted to the Contracting Officer. All 

other petitions shall be submitted to the 

Patent Representative designated in the 

contract. 

(d) Petitions submitted with proposals 

selected for negotiation of a contract will be 

forwarded by the Contracting Officer to the 

installation Patent Counsel for processing 

and then to the Inventions and Contributions 

Board. The Board will consider these 

petitions and where the Board makes the 

findings to support the waiver, the Board will 

recommend to the Administrator that waiver 

be granted, and will notify the petitioner and 

the Contracting Officer of the Administrator’s 

determination. The Contracting Officer will 

be informed by the Board whenever there is 

insufficient time or information or other 

reasons to permit a decision to be made 

without unduly delaying the execution of the 

contract. In the latter event, the petitioner 

will be so notified by the Contracting Officer. 

All other petitions will be processed by 

installation Patent Counsel and forwarded to 

the Board. The Board shall notify the 

petitioner of its action and if waiver is 

granted, the conditions, reservations, and 

obligations thereof will be included in the 

Instrument of Waiver. Whenever the Board 

notifies a petitioner of a recommendation 

adverse to, or different from, the waiver 

requested, the petitioner may request 

reconsideration under procedures set forth in 

the Regulations. 

(End of provision) 

■ 84. Section 1852.227–72 is revised to 

read as follows: 

1852.227–72 Designation of New 

Technology Representative and Patent 

Representative. 

As prescribed in 1827.303(d)(3), insert 

the following clause: 

DESIGNATION OF NEW TECHNOLOGY 

REPRESENTATIVE AND PATENT 

REPRESENTATIVE (MONTH/YEAR) 

(a) For purposes of administration of the 

clause of this contract entitled ‘‘New 

Technology—Other than a Small Business 

Firm or Nonprofit Organization’’ or ‘‘Patent 

Rights—Ownership by the Contractor,’’ 

whichever is included, the installation New 

Technology and Patent Representatives 

identified at http://prod.nais.nasa.gov/

portals/pl/new_tech_pocs.html are hereby 

designated by the Contracting Officer to 

administer such clause for the appropriate 

installation: 

(b) Disclosures of reportable items and of 

subject inventions, interim new technology 

summary reports, final new technology 

summary reports, utilization reports, and 

other reports required by the applicable 

‘‘New Technology’’ or ‘‘Patent Rights— 

Ownership by the Contractor’’ clause, as well 

as any correspondence with respect to such 

matters, shall be directed to the New 

Technology Representative unless 

transmitted in response to correspondence or 

request from the Patent Representative. 

Inquiries or requests regarding disposition of 

rights, election of rights, or related matters 

shall be directed to the Patent Representative. 

This clause shall be included in any 

subcontract hereunder requiring a ‘‘New 

Technology—Other than a Small Business 

Firm or Nonprofit Organization’’ clause or 

‘‘Patent Rights—Ownership by the 

Contractor’’ clause, unless otherwise 

authorized or directed by the Contracting 

Officer. The respective responsibilities and 

authorities of the aforementioned 

representatives are set forth in 1827.305–270 

of the NASA FAR Supplement. 

(End of clause) 

■ 85. Section 1852.227–84 is revised to 

read as follows: 

1852.227–84 Patent Rights Clauses. 

As prescribed in 1827.303(a)(1), the 

contracting officer shall insert the 

following provision in solicitations for 

experimental, developmental, or 

research work to be performed in the 

United States when the eventual 

awardee may be a small business or a 

nonprofit organization: 

PATENT RIGHTS CLAUSES (MONTH/

YEAR) 

This solicitation contains the patent rights 

clauses of FAR 52.227–11 (as modified by the 

NFS) and NFS 1852.227–70. If the contract 

resulting from this solicitation is awarded to 

a small business or nonprofit organization, 

the clause at NFS 1852.227–70 shall not 

apply. If the award is to other than a small 

business or nonprofit organization, the clause 

at FAR 52.227–11 shall not apply. 

(End of Provision) 

■ 86. Section 1852.227–85 is revised to 

read as follows: 

1852.227–85 Invention Reporting and 

Rights—Foreign. 

As prescribed in 1827.303(e)(1), insert 

the following clause: 

INVENTION REPORTING AND RIGHTS— 

FOREIGN (MONTH/YEAR) 

(a) As used in this clause, the term 

‘‘invention’’ means any invention, discovery 

or improvement, and ‘‘made’’ means the 

conception or first actual demonstration that 

the invention is useful and operable. 

(b) The Contractor shall report promptly to 

the Contracting Officer each invention made 

in the performance of work under this 

contract. The report of each such invention 

shall: 

(1) Identify the inventor(s) by full name; 

and 

(2) Include such full and complete 

technical information concerning the 

invention as is necessary to enable an 

understanding of the nature and operation 

thereof. 

(c) The Contractor hereby grants to the 

Government of the United States of America 

as represented by the Administrator of the 

National Aeronautics and Space 

Administration the full right, title and 

interest in and to each such invention 

throughout the world, except for the foreign 

country in which this contract is to be 

performed. As to such foreign country, 

Contractor hereby grants to the Government 

of the United States of America as 

represented by the Administrator of the 

National Aeronautics and Space 

Administration an irrevocable, 

nontransferable, nonexclusive, royalty-free 

license to practice each such invention by or 

on behalf of the United States of America or 

any foreign government pursuant to any 

treaty or agreement with the United States of 

America, provided that Contractor within a 

reasonable time files a patent application in 

that foreign country for each such invention. 

Where Contractor does not elect to file such 

patent application for any such invention in 

that foreign country, full right, title and 

interest in and to such invention in that 

foreign country shall reside in the 

Government of the United States of America 

as represented by the Administrator of the 

National Aeronautics and Space 

Administration. 

(d) The Contractor agrees to execute or to 

secure the execution of such legal 

instruments as may be necessary to confirm 

and to protect the rights granted by paragraph 

(c) of this clause, including papers incident 

to the filing and prosecution of patent 

applications. 

(e) Upon completion of the contract work, 

and prior to final payment, Contractor shall 

submit to the Contracting Officer a final 

report listing all inventions required to be 

reported under this contract or certifying that 

no such inventions have been made. 

(f) In each subcontract, the Contractor 

awards under this contract where the 

performance of research, experimental 

design, engineering, or developmental work 

is contemplated, the Contractor shall include 

this clause (suitably modified to substitute 

the subcontractor in place of the Contractor) 

and the name and address of the Contracting 

Officer. 

(End of Clause) 

■ 87. Section 1852.227–86 is revised to 

added to read as follows: 


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12952 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 

1852.227–86 Commercial Computer 

Software License. 

As prescribed in 1827.409(g), insert 

the following clause: 

COMMERCIAL COMPUTER SOFTWARE 

LICENSE (MONTH/YEAR) 

(a) Any delivered commercial computer 

software (including documentation thereof) 

developed at private expense and claimed as 

proprietary shall be subject to the restricted 

rights in paragraph (d) of this clause. Where 

the vendor/contractor proposes its standard 

commercial software license, those 

applicable portions thereof consistent with 

Federal laws, standard industry practices, the 

Federal Acquisition Regulations (FAR) and 

the NASA FAR Supplement, including the 

restricted rights in paragraph (d) of this 

clause, are incorporated into and made a part 

of this purchase order/contract. Those 

portions of the vendor’s/contractor’s standard 

commercial license or lease agreement that 

conflict with Federal law (e.g., indemnity 

provisions or choice of law provisions that 

specify other than Federal law) are not 

incorporated into and made a part of this 

purchase order/contract and do not apply to 

any computer software delivered under this 

purchase order/contract. 

(b) If the vendor/contractor does not 

propose its standard commercial software 

license until after this purchase order/ 

contract has been issued, or until at or after 

the time the computer software is delivered, 

such license shall nevertheless be deemed 

incorporated into and made a part of this 

purchase order/contract under the same 

terms and conditions as in paragraph (a) of 

this clause. For purposes of receiving 

updates, correction notices, consultation, and 

similar activities on the computer software, 

no document associated with the 

aforementioned activities shall alter the 

terms of this clause unless such document 

explicitly references this clause and an intent 

to amend this clause and is signed by the 

NASA Contracting Officer. 

(c) The vendor’s/contractor’s acceptance is 

expressly limited to the terms and conditions 

of this purchase order/contract. If the 

specified computer software is shipped or 

delivered to NASA, it shall be understood 

that the vendor/contractor has 

unconditionally accepted the terms and 

conditions set forth in this clause, and that 

such terms and conditions (including the 

incorporated license) constitute the entire 

agreement between the parties concerning 

rights in the computer software. 

(d) The following restricted rights shall 

apply: 

(1) The commercial computer software may 

not be used, reproduced, or disclosed by the 

Government, or Government contractors or 

their subcontractors at any tier, except as 

provided below or otherwise expressly stated 

in the purchase order/contract. 

(2) The commercial computer software may 

be— 

(i) Used, or copied for use, in or with any 

computer owned or leased by, or on behalf 

of, the Government; provided, the software is 

not used, nor copied for use, in or with more 

than one computer simultaneously, unless 

otherwise permitted by the license 

incorporated under paragraphs (a) or (b) of 

this clause; 

(ii) Reproduced for safekeeping (archives) 

or backup purposes; 

(iii) Modified, adapted, or combined with 

other computer software, provided that the 

modified, combined, or adapted portions of 

the derivative software incorporating 

restricted computer software shall be subject 

to the same restricted rights; and 

(iv) Disclosed and reproduced for use by 

Government contractors or their 

subcontractors in accordance with the 

restricted rights in paragraphs (d)(2)(i), (ii), 

and (iii) of this clause; provided they have 

the Government’s permission to use the 

computer software and have also agreed to 

protect the computer software from 

unauthorized use and disclosure. 

(3) If the incorporated vendor’s/ 

contractor’s software license contains 

provisions or rights that are less restrictive 

than the restricted rights in paragraph (d)(2) 

of this clause, then the less restrictive 

provisions or rights shall prevail. 

(4) If the computer software is otherwise 

available without disclosure restrictions, it is 

licensed to the Government, without 

disclosure restrictions, with the rights in 

paragraphs (d)(2) and (3) of this clause. 

(5) The Contractor shall affix a notice 

substantially as follows to any commercial 

computer software delivered under this 

contract: 

Notice—Notwithstanding any other lease 

or license agreement that may pertain to, or 

accompany the delivery of, this computer 

software, the rights of the Government 

regarding its use, reproduction and 

disclosure are set forth in Government 

Contract No. llllll. 

(End of clause) 

■ 88. Section 1852.227–88 is added to 

read as follows: 

1852.227–88 Government-furnished 

computer software and related technical 

data. 

As prescribed in 1827.409(m), insert 

the following clause: 

(a) Definitions. As used in this clause— 

‘‘Government-furnished computer 

software’’ or ‘‘GFCS’’ means computer 

software: 

(1) In the possession of, or directly 

acquired by, the Government whereby the 

Government has title or license rights thereto; 

and 

(2) Subsequently furnished to the 

Contractor for performance of a Government 

contract. 

‘‘Computer software,’’ ‘‘data’’ and 

‘‘technical data’’ have the meaning provided 

in the Federal Acquisition Regulations (FAR) 

Subpart 2.1—Definitions or the Rights in 

Data—General clause (FAR 52.227–14). 

(b) The Government shall furnish to the 

Contractor the GFCS described in this 

contract or in writing by the Contracting 

Officer. The Government shall furnish any 

related technical data needed for the 

intended use of the GFCS. 

(c) Use of GFCS and related technical data. 

The Contractor shall use the GFCS and 

related technical data, and any modified or 

enhanced versions thereof, only for 

performing work under this contract unless 

otherwise provided for in this contract or 

approved in writing by the Contracting 

Officer. 

(1) The Contractor shall not, without the 

express written permission of the Contracting 

Officer, reproduce, distribute copies, prepare 

derivative works, perform publicly, display 

publicly, release, or disclose the GFCS or 

related technical data to any person except 

for the performance of work under this 

contract. 

(2) The Contractor shall not modify or 

enhance the GFCS unless this contract 

specifically identifies the modifications and 

enhancements as work to be performed. If the 

GFCS is modified or enhanced pursuant to 

this contract, the Contractor shall provide to 

the Government the complete source code, if 

any, and all related documentation of the 

modified or enhanced GFCS. 

(3) Allocation of rights associated with any 

GFCS or related technical data modified or 

enhanced under this contract shall be 

defined by the FAR Rights in Data clause(s) 

included in this contract (as modified by any 

applicable NASA FAR Supplement clauses). 

If no Rights in Data clause is included in this 

contract, then the FAR Rights in Data— 

General (52.227–14) as modified by the 

NASA FAR Supplement (1852.227–14) shall 

apply to all data first produced in the 

performance of this contract and all data 

delivered under this contract. 

(4) The Contractor may provide the GFCS, 

and any modified or enhanced versions 

thereof, to subcontractors as necessary for the 

performance of work under this contract. 

Before release of the GFCS, and any modified 

or enhanced versions thereof, to such 

subcontractors (at any tier), the Contractor 

shall insert, or require the insertion of, this 

clause, including this paragraph (c)(4), 

suitably modified to identify the parties as 

follows: references to the Government are not 

changed, and in all references to the 

Contractor the subcontractor is substituted 

for the Contractor so that the subcontractor 

has all rights and obligations of the 

Contractor in the clause. 

(d) The Government provides the GFCS in 

an ‘‘AS–IS’’ condition. The Government 

makes no warranty with respect to the 

serviceability and/or suitability of the GFCS 

for contract performance. 

(e) The Contracting Officer may by written 

notice, at any time— 

(1) Increase or decrease the amount of 

GFCS under this contract; 

(2) Substitute other GFCS for the GFCS 

previously furnished, to be furnished, or to 

be acquired by the Contractor for the 

Government under this contract; 

(3) Withdraw authority to use the GFCS or 

related technical data; or 

(4) Instruct the Contractor to return or 

dispose of the GFCS and related technical 

data. 

(f) Title to or license rights in GFCS. The 

Government shall retain title to or license 

rights in all GFCS. Title to or license rights 

in GFCS shall not be affected by its 

incorporation into or attachment to any data 

not owned by or licensed to the Government. 


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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12953 

(g) Waiver of Claims and Indemnification. 

The Contractor agrees to waive any and all 

claims against the Government and shall 

indemnify and hold harmless the 

Government, its agents, and employees from 

every claim or liability, including attorney’s 

fees, court costs, and expenses, arising out of, 

or in any way related to, the misuse or 

unauthorized modification, reproduction, 

release, performance, display, or disclosure 

of the GFCS and related technical data by the 

Contractor, a subcontractor, or by any person 

to whom the Contractor has released or 

disclosed such GFCS or related technical 

data. 

(h) Flow-down of Waiver of Claims and 

Indemnification. In the event a contract 

includes this NASA FAR Supplement clause 

1852.227–88, the Contractor shall include the 

foregoing clause 1852.227–88(g), suitably 

modified to identify the parties, in all 

subcontracts, regardless of tier, which 

involve use of the GFCS and/or related 

technical data in any way. At all tiers, the 

clause shall be modified to define GFCS as 

it is defined herein and to identify the parties 

as follows: references to the Government are 

not changed, and in all references to the 

Contractor the subcontractor is substituted 

for the Contractor so that the subcontractor 

has all rights and obligations of the 

Contractor in the clause. In subcontracts, at 

any tier, the Government, the subcontractor, 

and the Contractor agree that the mutual 

obligations of the parties created by this 

clause 1852.227–88 constitute a contract 

between the subcontractor and the 

Government with respect to the matters 

covered by the clause. 

(End of clause) 

1852.228–73 [Removed] 

■ 89. Section 1852.228–73 is removed. 

■ 90. In section 1852.231–71, paragraph 

(d) is revised to read as follows: 

1852.231–71 Determination of 

Compensation Reasonableness. 

* * * * * 

DETERMINATION OF COMPENSATION 

REASONABLENESS (MONTH/YEAR) 

* * * * * 

(d) The offeror shall require all service 

subcontractors provide, as part of their 

proposal, the information identified in (a) 

through (c) of this provision for cost 

reimbursement or non-competitive fixedprice type subcontracts having a total 

potential value expected to exceed the 

threshold for requiring certified cost or 

pricing data as set forth in FAR 15.403–4. 

(End of provision) 

■ 91. In section 1852.232–70, 

paragraphs (a)(2) and (c)(3) are revised 

to read as follows: 

1852.232–70 NASA Modification of FAR 

52.232–12. 

* * * * * 

NASA Modification of FAR 52.232–12 

(Month/Year) 

(a) * * * 

(2) In paragraph (m)(1), delete ‘‘in the 

form prescribed by the administering 

office’’ and substitute ‘‘and Standard 

Form 425, Federal Financial Report.’’ 

* * * * * 

(c) * * * 

(3) In paragraph (j)(1), insert between 

‘‘statements,’’ and ‘‘and’’ ‘‘together with 

Standard Form 425, Federal Financial 

Report’’. 

* * * * * 

■ 92. Section 1852.234–1 is amended as 

follows: 

■ a. Paragraph (a) is amended by adding 

the phrase ‘‘(current version at time of 

solicitation)’’ after the word ‘‘Systems’’ 

at the end of the paragraph. 

■ b. Paragraph (b)(1)(iii) and paragraph 

(b)(1)(vii) are revised. 

The revisions read as follows: 

1852.234–1 Notice of Earned Value 

Management System. 

(b) * * * 

(1) * * * 

(iii) Provide a matrix that correlates 

each guideline in ANSI/EIA 748 

(current version at time of solicitation) 

to the corresponding process in the 

offeror’s written management 

procedures; 

* * * * * 

(vii) If the value of the offeror’s 

proposal, including options, is $50 

million or more, provide a schedule of 

events leading up to formal validation 

and Government acceptance of the 

Contractor’s EVMS. Guidance can be 

found in the] Department of Defense 

Earned Value Management 

Implementation Guide (https://

acc.dau.mil/

CommunityBrowser.aspx?id=19557) as 

well as in the National Defense 

Industrial Association (NDIA) Earned 

Value Management Systems Acceptance 

Guide (http://www.ndia.org/divisions/

divisions/procurement/pages/

programsystemcommittee.aspx). 

* * * * * 

■ 93. Section 1852.234–2 is amended as 

follows: 

■ a. Paragraph (a)(2) is revised. 

■ b. The first sentence in paragraph (b) 

is amended by removing the phrase 

‘‘cost/schedule control system’’ and 

adding ‘‘EVMS’’ in its place; 

■ c. Paragraph (c) is amended by adding 

a sentence at the end of the paragraph. 

The revision and addition read as 

follows: 

1852.234–2 Earned Value Management 

System. 

(a) * * * 

(2) Earned Value Management (EVM) 

procedures that provide for generation 

of timely, accurate, reliable, and 

traceable information for the Contract 

Performance Report (CPR) and the 

Integrated Master Schedule (IMS) 

required by the data requirements 

descriptions in the contract. 

* * * * * 

(c) * * * See the NASA IBR 

Handbook (http://evm.nasa.gov/

handbooks.html) for guidance. 

* * * * * 

1852.237–72 and 1852.237–73 [Removed 

and Reserved] 

■ 94. Sections 1852.237–72 and 

1852.237–73 are removed. 

1852.241–70 [Removed and Reserved] 

■ 95. Remove and reserve section 

1852.241–70. 

1852.242–70 [Amended] 

■ 96. Section 1852.242–70 is removed 

■ 97. In section 1852.246–72, paragraph 

(a) is revised to read as follows: 

1852.246–72 Material Inspection and 

Receiving Report. 

* * * * * 

(a) At the time of each delivery to the 

Government under this contract, the 

Contractor shall prepare and furnish a 

Material Inspection and Receiving Report 

(DD Form 250 series). The form(s) shall be 

prepared and distributed as follows: 

( (Insert number of copies and distribution instructions.) lllllllllllllll

* * * * * 

(End of clause) 

1852.249–72 [Removed] 

■ 98. Section 1852.249–72 is removed. 

[FR Doc. 2015–04228 Filed 3–11–15; 8:45 am] 

BILLING CODE 7510–13–P 


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