[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Proposed Rules]
[Pages 49845-49846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18365]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1835 and 1852

RIN 2700-AD04


Final Scientific and Technical Reports--SBIR and STTR Contracts

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend the NASA FAR Supplement(NFS) by 
adding an Alternate III to the ``Final Scientific andTechnical 
Reports'' clause for use in contracts awarded under the Small Business 
Innovation Research

[[Page 49846]]

(SBIR) and the Small BusinessTechnology Transfer (STTR) programs. This 
change is required to recognize the ``Rights in Data--SBIR Programs'' 
clause rather than the FAR ``Rights in Data--General'' clause currently 
referenced in the NFS ``Final Scientific and Technical Reports'' 
clause.

DATES: Comments should be submitted on or before October 12, 2004, to 
be considered in formulation of the final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AD04 via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Celeste Dalton, NASA, Office of 
Procurement, Contract Management Division (Code HK), Washington, DC 
20546. Comments can also be submitted by e-mail to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of 
Procurement, Contract Management Division (Code HK); (202) 358-1645; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    The NASA FAR Supplement at 1835.070(d) requires all research and 
development contracts to include the clause at 1852.235-73, 
FinalScientific and Technical Reports. SBIR and STTR contracts are 
considered R&D contracts and must include the clause at 1852.235-73. 
This clause provides direction to the contractor regarding its ability 
to release data first produced or used in performance of the contract. 
However, the clause currently only address the contractor's rights in 
data as defined in FAR 52.227-14, Rights in Data--General. Contractor 
rights in data under SBIR and STTR contracts are defined in FAR clause 
52.227-20, Rights in Data--SBIR Program. This change proposes an 
Alternate III to 1852.235-73 for use in SBIR and STTR contracts. The 
proposed Alternate III references FAR 52.227-20 to recognize contractor 
data rights under SBIR and STTR contracts.
    This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This proposed 
rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities with the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601. et seq., because it only 
clarifies what the appropriate data rights clause is used under SBIR 
and STTR contracts.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose recordkeeping or information collection requirements which 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR 1835 and 1852

    Government Procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

    Accordingly, 48 CFR Parts 1835 and 1852 are amended as follows:

    1. The authority citation for 48 CFR Parts 1835 and 1852 continues 
to read as follows:

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

PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING

    2. Amend section 1835.070 by adding paragraph (d)(3) to read as 
follows:


1835.070  NASA contract clauses and solicitation provision.

* * * * *
    (d) * * *
    (3) Except when Alternate II applies in accordance with paragraph 
(d)(2) of this section, the contracting officer shall insert the clause 
with its Alternate III in all SBIR and STTR contracts.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Amend section 1852.235-73 by revising the date of the clause to 
read (XX/XX); in the first sentence of paragraph (b), removing ``NPG'' 
and adding ``NPR'' in its place; and adding Alternate III to read as 
follows:


1852.235-73  Final Scientific and Technical Reports.

* * * * *

ALTERNATE III

(XX/XX)

    As prescribed by 1835.070(d)(3), insert the following as 
paragraph (e) of the basic clause:
    (e) The Contractor's rights in data are defined in FAR 52.227-
20, Rights In Data--SBIR Program. The Contractor may publish, or 
otherwise disseminate, such data without prior review by NASA. The 
Contractor is responsible for reviewing publication or dissemination 
of the data for conformance with laws and regulations governing its 
distribution, including intellectual property rights, export 
control, national security and other requirements, and to the extent 
the Contractor receives or is given access to data necessary for the 
performance of the contract which contain restrictive markings, for 
complying with such restrictive markings. In the event the 
Contractor has established its claim to copyright data produced 
under this contract and has affixed a copyright notice and 
acknowledgement of Government sponsorship, or has affixed the SBIR 
Rights Notice contained in paragraph (d) of FAR 52.227-20, the 
Government shall comply with such Notices.

[FR Doc. 04-18365 Filed 8-11-04; 8:45 am]
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