[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Page 43362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21616]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1827 and 1852


Reportable Item Definition

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: This is a proposed rule to conform the two NASA FAR Supplement 
(NFS) definitions of ``reportable item'' the same and to improve their 
clarity by adding examples.

DATES: Comments should be submitted on or before October 13, 1998.

ADDRESSES: Interested parties should submit written comments to: Tom 
O'Toole, NASA Headquarters Office of Procurement, Contract Management 
Division (Code HK), Washington, DC 20546. Comments may also be 
submitted by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Tom O'Toole, (202) 358-0478.

SUPPLEMENTARY INFORMATION:

Background

    The NFS has two definitions of ``reportable Item''--in section 
1827.301, Definitions, and the clause at 1852.227-70, New Technology. 
These definitions vary slightly, and this rule proposes to conform 
these definitions by using the version at 1827.301 as a baseline. Other 
minor adjustments are made to cite appropriate USC titles and add 
examples of reportable items.

Impact

    NASA certifies that this regulation will not have a significant 
economic impact on a substantial number of small business entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) since the 
changes are editorial clarifications and do not impose any new 
requirements on offerors or contractors. The rule does not impose any 
reporting or recordkeeping requirements subject to the Paperwork 
Reduction Act.

List of Subjects in 48 CFR Parts 1827 and 1852

    Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1827 and 1852 are proposed to be amended 
as follows:
    1. The authority citation for 48 CFR Parts 1827 and 1852 continues 
to read as follows:

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

PART 1827--PATENTS, DATA, AND COPYRIGHTS

    2. Section 1827.301 is amended by revising the definition of 
``reportable item'' to read as follows:


1827.301  Definitions.

* * * * *
    Reportable item, as used in this subpart, means any invention, 
discovery, improvement, or innovation of the contractor, whether or not 
patentable or copyrightable or otherwise protectible under Titles 17 or 
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 also include new processes, machines, 
manufactures, compositions of matter, and computer programs, and 
improvements to, or new applications of, existing processes, machines, 
manufactures, compositions of matter, and computer programs.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 1852.227-70 is amended by revising the clause date and 
the definition of ``reportable item'' in paragraph (a) of the clause to 
read as follows:


1852.227-70  New technology.

* * * * *

New Technology

    (a) * * *
    Reportable item, as used in this subpart, means any invention, 
discovery, improvement, or innovation of the contractor, whether or 
not patentable or copyrightable or otherwise protectible under 
Titles 17 or 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 also include new processes, 
machines, manufactures, compositions of matter, and computer 
programs, and improvements to, or new applications of, existing 
processes, machines, manufactures, compositions of matter, and 
computer programs.
* * * * *
[FR Doc. 98-21616 Filed 8-12-98; 8:45 am]
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