[Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
[Rules and Regulations]
[Pages 63209-63210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30265]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1827 and 1852


Reportable Item Definition

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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

SUMMARY: This is a final rule to conform the two NASA FAR Supplement 
(NFS) definitions of ``reportable item''.

DATES: This rule is effective November 12, 1998.

ADDRESSES: Tom O'Toole, NASA Headquarters Office of Procurement, 
Contract Management Division (Code HK), Washington, DC 20546.

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 will 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. A proposed rule was published in the August 13, 1998 
Federal Register (63 FR 43362). NASA received one public comment that 
suggested the scope of the revised definition was unnecessarily broad 
in that it would now apply to all copyrightable data. NASA disagrees. 
The revised definition only intended to clarify that all inventions and 
innovations, including computer programs, should be reported without 
regard to potential patentability under Title 35 and/or 
copyrightability under Title 17 of the U.S. Code. However, to optimize 
clarity and preclude the potential misconception that reporting is 
required for all data produced under the contract, NASA has 
restructured the definition to focus more explicitly the U.S.C. 
references.

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,
Acting Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1827 and 1852 are 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 otherwise protectible under Title 35 of the United States 
Code, made in the performance of any work under any NASA contract or in 
the performance of any work that is reimbursable under any clause in 
any NASA contract providing for reimbursement of costs incurred before 
the effective date of the contract. Reportable items include, but are 
not limited to, new processes, machines, manufactures, and compositions 
of matter, and improvements to, or new applications of, existing 
processes, machines, manufactures, and compositions of matter. 
Reportable items also include new computer programs, and improvements 
to, or new applications of, existing computer programs, whether or not 
copyrightable or otherwise protectible under Title 17 of the United 
States Code.
* * * * *

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 November 1998

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

[[Page 63210]]

or otherwise protectible under Title 17 of the United States Code.
* * * * *
[FR Doc. 98-30265 Filed 11-10-98; 8:45 am]
BILLING CODE 7510-01-P