CANCELLED BY PN 04-03

03-08

Procurement Information Circular

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March 21, 2003

CLASS DEVIATION TO THE FINAL SCIENTIFIC AND TECHNICAL REPORTS CLAUSE FOR Small Business Innovation Research (SBIR) AND SMALL BUSINESS TECHNOLOGY TRANSFER (STTR) CONTRACTS

PURPOSE: To provide a class deviation that adds Alternate III to the clause at 1852.235-73, Final Scientific and Technical Reports, for use in SBIR and STTR contracts.

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 should include the clause at 1852.235-73. This clause and its Alternates, provide direction to the contractor regarding its ability to release data first produced or used in performance of the contract. However, the clause and its Alternates do not address the contractor’s rights in data as defined in FAR 52.227-20, Rights in Data—SBIR Program. SBIR and STTR contracts must use the Rights in Data—SBIR Program clause rather than the Rights in Data—General clause noted in the Final Scientific and Technical Reports clause. A class deviation has been developed to recognize contractor data rights under SBIR and STTR contracts.

GUIDANCE:

1. A class deviation to the NASA FAR Supplement is granted to add paragraph (d)(3) to section 1835.070, NASA contract clauses and solicitation provision, to read as follows:

(d)(3) The contracting officer shall insert the clause with its Alternate III in all SBIR and STTR contracts.

2. A class deviation to the NASA FAR Supplement is granted to add Alternate III to the clause at 1852.235-73, Final Scientific and Technical Reports, to read as follows:

ALTERNATE III

(MARCH 2003) (Deviation)

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 will such Notices.

EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until canceled or superseded.

HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645, e-mail: Celeste.M.Dalton@nasa.gov.

Tom Luedtke

Assistant Administrator for Procurement