[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13244]


[[Page Unknown]]

[Federal Register: May 31, 1994]


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DEPARTMENT OF DEFENSE
Department of the Army

 

Productivity Advancement Research (CPAR) Program

AGENCY: U.S. Army Corps of Engineers, DOD.

ACTION: Notice of availability.

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SUMMARY: The purpose of this notice is to inform potential applicants 
of a program of cost-shared research, development, demonstration and 
commercialization and technology transfer (R&D) projects between the 
U.S. Army Corps of Engineers (Corps) and the U.S. construction 
industry. The purpose of the Construction Productivity Advancement 
Research (CPAR) Program is to assist the U.S. construction industry in 
enhancing its productivity and competitive position through the 
development and commercialization of advanced technologies, materials 
and constitution management systems.

DATES: Effective date is June 6, 1994. Proposals will be accepted until 
July 22, 1994.

ADDRESSES: Proposals for the Fiscal Year 1995 CPAR Program should be 
submitted to the Corps laboratories identified in the CAPR Guidelines 
for Participation, dated May 1994. The Guidelines provide information 
about the CPAR Program and how to participate, and should be read 
carefully by those wishing to propose a project before contact is made 
with a Corps laboratory. Copies of the Guidelines may be obtained by 
writing to: HQUSACE, ATTN: CERD-C; 20 Massachusetts Avenue NW., 
Washington, DC. 20314-1000 or by calling (202) 272-0257.

FOR FURTHER INFORMATION CONTACT:
Mr. David B. Mathis; HQUSACE, CERD-C; 20 Massachusetts Avenue NW. 
Washington, DC 20314-1000, or call (202) 272-1846 or 272-0267.

SUPPLEMENTARY INFORMATION: CPAR is a program consisting of cost-shared 
R&D projects executed by collaborative partnerships between the Corps, 
the U.S. construction industry (contractors, equipment and material 
manufacturers and supplies, architects, engineers, and financial 
organizations), public and private foundations, trade and professional 
organizations, state and local governments, academic institutions and 
other entities who are interested in enhancing construction 
productivity and competitiveness. The objective of CPAR is to 
facilitate research development and application of advanced 
technologies through collaborative R&D, field demonstration, licensing 
agreements, commercialization, technology transfer and other means of 
reducing technology to practice in the U.S. construction industry.
    R&D efforts conducted under CPAR will be based on proposals 
received from U.S. construction industry entities and others, as noted 
above, which can be addressed effectively by a partnership between an 
industry partner and a Corps laboratory, with both performing a 
mutually defined portion of the required R&D, and which will benefit 
both the construction industry and the Corps.
    Participation in CPAR is open to any U.S. private firm, including 
corporations, partnerships, limited partnerships and industrial 
development organizations; public and private foundations; non-profit 
organizations; units of state and local governments; academic 
institutions; and others who have an interest in and the resources and 
capability to address CPAR objectives. Consortia of industry firms and 
organizations are encouraged, with emphasis on inclusion of 
construction contractors and other practitioners to ensure the product 
of each CPAR project is useful and beneficial to the industry.
    As provided by law, special consideration will be given to small 
business firms. Preference will be given to business units located in 
the United States that agree to substantially manufacture, market and 
apply the products in the United States. Consideration will be given to 
a potential partner that is subject to the control of a foreign company 
or government if that foreign government permits U.S. agencies, 
organizations, or other persons to enter into cooperative research and 
development agreements and licensing agreements.
    The cost of each CPAR project will be shared by the Corps and the 
construction industry partner. Specific cost sharing terms will be 
defined for each proposed project prior to submission of the proposal 
to Corps Headquarters (HQUSACE) for approval. ``In-Kind'' services and/
or use of facilities may be considered in arriving at a cost-sharing 
agreement. As required by law, not more than fifty (50) percent of the 
total cost of a CPAR project will be provided by the Corps and not less 
than five (5) percent of the construction industry partner's share of 
the cost must be contributed in cash. The Corps and the construction 
industry partner may each contribute personnel, services, facilities, 
property, patent licenses (or assignment or options to the patent 
license) and money. Funds for the Corps share of each project will be 
provided to the Corps laboratory for in-house performance of the 
laboratory's share of the collaborative R&D. The construction industry 
partner will provide all funds and other resources necessary to perform 
the partner's share of the collaborative R&D. No costs previously 
incurred by the Corps or the construction industry partner on the 
subject matter of the CPAR project may be recovered in the cost sharing 
agreement.
    A CPAR Cooperative Research and Development Agreement (CPAR-CRDA) 
specific to each project will be negotiated between the Corps and the 
U.S. construction industry partner. The CPAR-CRDA is defined by law as 
neither a procurement contract nor an assistant agreement (grant or 
cooperative agreement). The CPAR-CRDA will contain, in addition to the 
cost-sharing terms, a work plan and all other conditions and 
responsibilities necessary to complete the project and commercialize/
transfer the technology, including rights to inventions. Those 
considering proposing a CPAR project should review CPAR-CRDA given in 
Appendix B of the CPAR Guidelines for Participation before proposing 
the project to ensure that the proposer can agree to the terms and 
conditions of the CPAR-CRDA.
    It is recognized that the industry partner will do more to push the 
technology into use in the construction industry if the industry 
partner is provided a marketplace interest in the product of a CPAR 
project. Therefore, to the extent permitted by law, the Corps will 
generally grant to the industry partner an option to licenses or 
assignments for any intellectual property made in whole or in part by a 
Federal employee under the CPAR-CRDA, retaining a nonexclusive, non-
transferable, irrevocable, paid-up license to practice the invention or 
have the invention practiced throughout the world on behalf of the 
Government. The Corps may, without further notice to others, agree to 
negotiate an exclusive license to intellectual property if such action 
would facilitate commercialization and use of the product. However, to 
the greatest extent possible and appropriate, licensing and assignments 
will be on a non-exclusive basis. In appropriate cases, royalties will 
be negotiated and collected by the Government in exchange for licenses 
or assignments. The industry partner will retain title to all 
inventions created by industry partner employees under the CPAR-CRDA 
and, generally, will grant a non-exclusive, non-transferrable, 
irrevocable, royalty-free license to the Government on such inventions.
    CPAR is designed to promote and assist in the advancement of ideas 
and technology which will have a direct, positive impact on 
construction productivity and Corps mission accomplishment. The intent 
of each CPAR project is to produce a discrete, field-demonstrated 
product ready for use by the U.S. construction industry at the end of 
the project. CPAR is focused on three major technology areas: planning 
and design improvement, improved construction site productivity and 
advanced materials. However, any idea for improving construction 
productivity will be considered. Ideas that cannot define a direct and 
demonstrable link to the enhancement of construction productivity will 
not be accepted into the CPAR Program. Areas of interest include, but 
are not limited to:

Planning and Design Improvement

    * Computer-Aided Planning and Engineering Tools.
    * Advanced Site Investigation Technology.
    * Knowledge-Based Cost Estimating Systems.
    * Computer-Aided Design Systems.
    * Total Integrated Design Systems.
    * Expert Systems/Artificial Intelligence.
    * Materials Selection Systems.
    * Advanced Technology Selection Systems.

Improved Construction Site Productivity

    * Construction Management Methods.
    * Materials Handling.
    * Automated Construction/Robotics.
    * Expert Systems.
    * Marine Construction.
    * Advanced Excavating, Tunneling and Other Construction 
Technologies.
    * Cold Weather Construction.
    * Automated Inspection and Quality Control.
    * Computer-Aided Construction Management Systems.
    * Advanced Environmental Compliance Systems.
    * Flood Fighting Expedient Construction.

Advanced Materials

    * High-Performance Cementitious Materials.
    * Structural Polymers.
    * Advanced Ceramics.
    * Metal Matrix Composites.
    * Advanced Fabrication Systems.
    * Coatings.
    * Adhesives/Fasteners.
    * Geomodifiers/Geotextiles.

Proposed Review Process

    Proposals received by the Corps laboratories which meet CPAR 
criteria may be discussed and further developed, as necessary, by the 
laboratory and the prospective construction industry partner. The 
following criteria will be used to evaluate the proposals. The first 
two evaluation factors are of equal importance and are more significant 
than the remaining factors, which are listed in descending order of 
importance:

1. Potential Impact on U.S. Construction Industry Productivity

    High--Technological advancement which would have major 
beneficial impact on current construction industry processes, 
materials and/or equipment and will have a demonstrable major 
beneficial impact on construction industry productivity and 
effectiveness.
    Medium--Technological advancement which would improve on and/or 
demonstrate currently available processes, materials and/or equipment 
not in widespread construction industry use and which would have a 
demonstrable beneficial impact on construction industry productivity 
and effectiveness.
    Low--Technological advancement which would upgrade construction 
industry processes, materials and/or equipment in current use and which 
would have a limited but beneficial and impact on construction industry 
productivity and effectiveness.

2. Potential Impact on the Corps of Engineers

    High--Technological advancement which would be a major improvement 
in technology and procedures currently used by the Corps or Corps 
contractors and which would have a demonstrable major beneficial impact 
on the Corp's ability to carry out its missions.
    Medium--Technological advancement which would significantly improve 
currently used Corps/contractor technology and procedures and which 
would result in demonstrable benefits for the Corps.
    Low--technological innovation which would upgrade current Corps/
contractor standard technology and procedures and which would have a 
limited but beneficial impact on the Corps.

3. Commercialization and Technology Transfer

    High--Plan and concepts stated for broad-scale use and adoption of 
the product by non-Federal and Federal organizations and the 
production, marketing and dissemination of the product by the industry 
partner.
    Medium--Plans and concepts stated for some beneficial use and 
adoption of the product by non-Federal and Federal organizations.
    Low--Plans and concepts stated for limited but beneficial use and 
adoption of the product by non-Federal and Federal organizations.

4. Ease of Adoption

    High--Technology provides construction industry productivity and 
effectiveness improvement with minimal equipment, training, materials 
and operating costs beyond the cost of current practice.
    Medium--Technology provides construction industry productivity and 
effectiveness improvements, but requires moderate additional equipment, 
training, materials, and operating costs beyond the cost of current 
practice.
    Low--Technology provides construction industry productivity and 
effectiveness improvement, but with substantially higher costs for 
additional equipment, training, materials and operating costs beyond 
the cost of current practice.

5. Probability of Achieving Projected Productivity and Effectiveness 
Enhancement

    High--Some risk, requires innovative application of current 
knowledge, high probability of success.
    Medium--Moderate risk, concepts exist but are unproven, good 
probability of success.
    Low--High risk, basic concepts must be developed and proven, 
uncertain probability of success.

6. Project Duration

    High--Project, including demonstration of benefits, can be 
completed in 3 years or less.
    Medium--Project, including demonstration of benefits, can be 
completed in 4 years or less.
    Low--Project, including demonstration of benefits, will require 
more than 4 years to complete.

7. R&D Investment

    High--Project will obligate the Corps to invest less than $300,000 
per year.
    Medium--Project will obligate the Corps to invest between $300,000 
and $500,000 per year.
    Low--Project will obligate the Corps to invest more than $500,000 
per year.
    After discussions between the laboratory and the prospective 
construction industry partner, a CPAR Executive Summary of the proposal 
will be prepared by the laboratory. The Executive Summary will contain 
the project objective and approach to be followed in developing the 
specific end product, all expected costs and cost-sharing arrangements, 
time needed to complete, expected productivity benefits to the U.S. 
construction industry and the Corps, and a proposed commercialization 
and technology transfer plan.
    Corps laboratories will submit their recommended Executive 
Summaries to HQUSACE for consideration under the CPAR Program. The CPAR 
Executive Summaries will be reviewed and recommendations made by the 
CPAR Executive Committee in HQUSACE. The CPAR Executive Committee is 
composed of senior-level HQUSACE managers. The Director of Civil Works, 
HQUSACE, will act on the recommendations of the CPAR Executive 
Committee in approving the Fiscal Year 1995 CPAR Program.
    All information and data furnished by the prospective construction 
industry partner will be used for evaluation purposes only and will be 
safeguarded from unauthorized disclosure in accordance with applicable 
laws. Protection of information during and after completion of a CPAR 
project will be defined and agreed to in the CPAR-CRDA. Classified 
information and data will be handled in accordance with Army 
regulations.

Additional Requirements

    Applicants are reminded that a false statement may be grounds for 
denial or termination of funds and grounds for possible punishment by a 
fine or imprisonment. Except where declared by law or approved by the 
head of agency, no award or Federal funds shall be made to an applicant 
who is delinquent on a Federal debt until the delinquent account is 
made current or satisfactory arrangements are made between affected 
agencies and the debtor. No award will be made to a debarred or 
suspended firm or organization.

Classification

    This document is not a major rule requiring a regulatory analysis 
under Executive Order 12291 because it will not have an annual impact 
on the economy of $100 million or more, nor will it result in a major 
increase in costs or prices for any group, nor have a significant 
adverse effect on competition, employment investment, productivity, 
innovation, or on the ability of U.S. based enterprises to compete with 
foreign-based enterprises in domestic or export markets. It is not a 
major Federal action requiring an environmental assessment under the 
National Environment Policy Act. The CPAR Program does not involve the 
mandatory payment of any matching funds from a state or local 
government, and does not affect directly any state or local government. 
Accordingly, the Corps determined that Executive Order 12372 is not 
applicable to CPAR. This notice does not contain policies with 
Federalism implications sufficient to warrant preparation of a 
Federalism assessment under Executive Order 12612. CPAR is being 
carried out under the authority of Section 7, Water Resources 
Development Act of 1988 (Pub. L. 100-676) (33 USC 2313).
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-13244 Filed 5-27-94; 8:45 am]
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