[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Rules and Regulations]
[Page 2022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-530]


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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: Final rule.

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SUMMARY: This rule adopts as final without change the proposed rule 
published in the Federal Register on August 12, 2004. This final rule 
amends the NASA FAR Supplement (NFS) by adding an Alternate III to the 
``Final Scientific and Technical Reports'' clause for use in contracts 
awarded under the Small Business Innovation Research (SBIR) and the 
Small Business Technology 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: Effective Date: This rule is effective January 12, 2005.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of 
Procurement, Contract Management Division; (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, Final 
Scientific 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 adds an Alternate 
III to 1852.235-73 for use in SBIR and STTR contracts that references 
FAR 52.227-20 to recognize contractor data rights under SBIR and STTR 
contracts.
    NASA published a proposed rule in the Federal Register on August 
12, 2004 (69 FR 49845). No comments were received. The proposed rule is 
being adopted as final without change.
    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 rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    NASA certifies that this final rule does not 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 Parts 1835 and 1852

    Government procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 48 CFR parts 1835 and 1852 are amended as follows:
0
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

0
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

0
3. Amend section 1852.235-73 by revising the date of the clause to read 
``(JAN 2005)'' 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

(Jan 2005)

    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. 05-530 Filed 1-11-05; 8:45 am]
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