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+ Part 1804   + Part 1827   + Part 1835   + Part 1852

97-81
Procurement Notice

February 3, 2003

SCIENTIFIC AND TECHNICAL REPORTS

BACKGROUND: This PN revises the NASA FAR Supplement to clarify the review requirements for data produced under research and development (R&D) contracts, including data contained in final reports, and the review requirements for final reports prior to inclusion in NASA's Center for AeroSpace Information (CASI) scientific and technical information (STI) database. This PN also revises the address for CASI for receipt of copies of all R&D contracts.

NFS clause 1852.235-70, Center for Aerospace Information – Final Scientific and Technical Reports, required in all R&D contracts, states in paragraph (e) that contractors cannot release the final report required under the contract, outside of NASA, until a document availability authorization (DAA) review has been completed by NASA and availability of the report has been determined. The DAA review completed by NASA is intended to ensure that NASA disseminates NASA scientific and technical information (STI) in a manner consistent with U.S. laws and regulations, Federal information policy, intellectual property rights, technology transfer protection requirements, and budgetary and technological limitations. The DAA review process applies only to the publication and dissemination of NASA STI by NASA or under the direction of NASA.

This final report review requirement has been incorrectly interpreted by some university contractors as restricting their right to publish any of the data produced under the contract that may be included in the Final Report until NASA has completed its DAA review. The intent of paragraph (e) is to restrict only the release of the "The Final Report" as delivered under the contract until NASA completes its DAA review and availability of the report has been determined. This clause normally does not restrict the contractor's ability to publish, or otherwise disseminate, data produced during the performance of the contract, including data contained in the Final Report, as provided under FAR clause 52.227-14, Rights in Data – General. However, in certain limited situations, contract requirements may include research activity that will result in data subject to export control, national security restrictions, or other restrictions designated by NASA, or may require that the contractor receives or is given access to data that includes restrictive markings, e.g., proprietary information of others. In these circumstances, NASA requires a review of data produced under the contract, before the contractor may publish, release, or otherwise disseminate the data.

This PN clarifies the above by making the clause changes noted below.

Additional guidance is provided in + Procurement Information Circular (PIC) 03-03.

ACQUISITIONS AFFECTED BY CHANGES: All R&D contracts and interagency agreements and cost-reimbursement supply contracts involving research and development work.

ACTION REQUIRED BY CONTRACTING OFFICERS: All R&D solicitations issued after February 3, 2003, must include the revised clauses and alternates as appropriate noted below. Solicitations issued before February 3, 2003, may be amended to include the revised clause if including it would not unduly delay the acquisition. Before using either Alternate I or II to the new clause 1852.235-73, Final Scientific and Technical Reports, contracting officer must coordinate with the requiring organization and the Center Export Control Administrator and/or Chief or Patent Counsel, as appropriate.

CLAUSE CHANGES: This PN makes the following clause changes:

(a) 1852.235-70 is retitled “Center for Aerospace Information,” and references to the submission of the final report have been removed. The revised clause now only advises contractors of the services provided by CASI;

(b) A new clause 1852.235-73, Final Scientific and Technical Reports, is added. This clause requires submission of a final report; states that the contractor may publish, or otherwise disseminate, data produced during the performance of the contract, including data contained in the final report, without prior review by NASA; and retains restriction on release of the final report as delivered under the contract until NASA has completed its DAA review;

(c) Alternate I to the new 1852.235-73 clause is established for use in contracts for fundamental research in which the contractor may publish, or otherwise disseminate, data produced during performance of the contract, including the final report, without prior review by NASA;

(d) Alternate II to the new 1852.235-73 clause is established for use in contracts in which data resulting from the research activity may be subject to export control, national security restrictions or other restrictions designated by NASA, or, to the extent the contractor receives or is given access to data that includes restrictive markings, may include proprietary information of others, and thus will require NASA review before the contractor may publish, release, or otherwise disseminate data produced during the performance of the contract; and

(e) A new clause 1852.235-74, Additional Reports of Work–Research and Development, is added for use in contracts in which monthly, quarterly and other reports in addition to the Final Report may be considered necessary for monitoring contract performance.

PARTS AFFECTED: Changes are made in Parts 1804, 1827, 1835, and 1852.

REPLACEMENT PAGES: You may use the enclosed pages to replace 4:3, 4:4, Part 1827, Part 1835, 52:3, 52:4, 52:4.1, 52:57, 52:58, 52:66.1, 52:66.2, 52:66.3, 52-95, 52-96, 52-97, 52-98, and 52-99 (added).

TYPE OF RULE AND PUBLICATION DATE: The PN was published as a final rule in the Federal Register (68 FR 5230 - 5233) on February 3, 2003.

HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645, email: cdalton@hq.nasa.gov.

R. Scott Thompson
Director, Contract Management Division

Enclosures

+ Part 1804   + Part 1827   + Part 1835   + Part 1852