1827.301 Definitions.
"Administrator," as
used in this subpart, means the Administrator of NASA or a duly authorized representative.
"Contract," as
used in this subpart, means any actual or proposed contract, agreement,
understanding, or other arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder.
"Made," in lieu of the definition in FAR 27.301, as used in this subpart, means conceived or first actually reduced to practice; provided, that in the case of a variety of plant, the date of determination (as defined in Section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance.
"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.
"Subject invention," in
lieu of the definition in FAR 27.301, as used in this subpart, means
any reportable item that is or may be patentable or otherwise protectible
under Title 35 of the United States Code, or any novel variety of plant
that is or may be protectible under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
1827.302 Policy.
(a) Introduction.
(i) NASA policy with respect to any invention, discovery, improvement, or innovation made in the performance of work under any NASA contract or subcontract with other than a small business firm or a nonprofit organization and the allocation of related property rights is based upon Section 305 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2457) (the Act); and, to the extent consistent with this statute, the Presidential Memorandum on Government Patent Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, and Section 1(b)(4) of Executive Order 12591. NASA policy with respect to any invention made in the performance of experimental, developmental, or research work with a small business firm or a nonprofit organization
is based on 35 U.S.C. Chapter 18, as amended.
(ii) NASA
contracts subject to Section 305 of the Act shall ensure the prompt reporting
of reportable items in order to protect the Government's interest and
to provide widest practicable and appropriate dissemination, early utilization,
expeditious development, and continued availability for the benefit of
the scientific, industrial, and commercial communities and the general
public.
(b) Contractor right to elect title.
(i) For NASA contracts, the contractor right to elect title only applies to contracts with small businesses and non-profit organizations. For
other business entities, see subdivision (ii) of this paragraph.
(ii) Contractor right to request a waiver of title. For NASA contracts with other than a small business firm or a nonprofit organization (contracts subject to Section 305 of the Act),it is the policy of NASA to waive the rights (to acquire title) of the United States (with the reservation of a Government license set forth in FAR 27.302(c) and the march-in rights of FAR 27.302(f) and 1827.302(f)) in and to any subject invention if the Administrator determines that the interests of the United States will be served. This policy, as well as the procedures and instructions for such waiver of rights, is stated in the NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart 1. Waiver may be requested in advance of contract award for any or all of the subject inventions, or for individually identified subject inventions reported under the contract. When
waiver of rights is granted, the contractor's right to title, the rights
reserved by the Government, and other conditions and obligations of the
waiver shall be included in an Instrument of Waiver executed by NASA
and the party receiving the waiver.
(iii) It
is also a policy of NASA to consider for a monetary award, when referred
to the NASA Inventions and Contributions Board, any subject invention
reported to NASA in accordance with this subpart, and for which an application
for patent has been filed.
(c) Government license. For each subject invention made in the performance of work under a NASA contract
with other than a small business firm or nonprofit organization and for
which waiver of rights has been granted in accordance with 14 CFR Section
1245, Subpart 1, the Administrator shall reserve an irrevocable, nonexclusive,
nontransferable, royalty-free license for the practice of such invention
throughout the world by or on behalf of the United States or any foreign
Government in accordance with any treaty or agreement of the United States.
(d) Government right to receive title. Under any NASA contract with other than a small business or nonprofit organization (i.e., those contracts subject to Section 305(a) of the Act), title to subject inventions vests in NASA when the determinations of Section 305(a)(1) or 305(a)(2) have been made. The Administrator may grant a waiver of title in accordance with 14 CFR Section
1245.
(e) Utilization reports. For any NASA contract with other than a small business firm or a nonprofit organization,
the requirements for utilization reports shall be as set forth in the
NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart 1, and any
Instrument of Waiver executed under those Regulations.
(f) March-in rights. For any NASA contract with other than a small business firm or a nonprofit organization, the march-in rights shall be as set forth in the NASA Patent Waiver Regulations,
14 CFR Section 1245, Subpart 1, and any Instrument of Waiver executed
under those Regulations.
(g) Preference for United States industry. Waiver of the requirement for the agreement for any NASA contract with other
than a small business firm or a nonprofit organization shall be in accordance
with the NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart
1.
(i) Minimum rights to contractor.
(1) For NASA contracts with other than a small business firm or a nonprofit organization (i.e., those contracts subject to Section 305(a) of the Act), where title to any subject inventions vests in NASA, the contractor is normally granted, in accordance with 14 CFR 1245, a revocable, nonexclusive, royalty-free license in each patent application filed in any country and in any resulting patent. The license extends to any of the contractor's domestic subsidiaries and affiliates within the corporate structure, and includes the right to grant sublicenses of the same scope to the extent the contractor was legally obligated to do so at the time the contract was awarded. The
license and right are transferable only with the approval of the Administrator,
except when transferred to the successor of that part of the contractor's
business to which the invention pertains.
(2) The Administrator is the approval authority for revoking or modifying a license. The
procedures for revocation or modification are described in 37 CFR 404.10
and 14 CFR 1245.108.
1827.303 Contract clauses.
(a)(1)(A) See 1827.303-70(a).
(B) To qualify for the clause at FAR 52.227-11, a prospective contractor may be required to represent itself as either a small business firm or a nonprofit organization. If
there is reason to question the status of the prospective contractor,
the contracting officer may file a protest in accordance with FAR 19.302
if small business firm status is questioned, or require the prospective contractor to furnish evidence of its status as a nonprofit organization.
(5) Alternate IV to 52.227-11 is not used in NASA contracts. See
instead 1827.303-70(a).
(b)(1)(ii) FAR 52.227-12 is not used in NASA contracts. See instead 1827.303-70(b).
(c)(1)(ii) When work is to be performed outside the Untied States, its possessions, and
Puerto Rico by contractors that are not domestic firms, see 1827.303-70(f).
(2) See
1827.303-70(b) and (f).
(d)(1) When one of the conditions in FAR 27.303(d)(1)(i) through (iv) is met, the contracting
officer shall consult with the installation intellectual property counsel
to determine the appropriate clause.
1827.303-70 NASA solicitation provisions and contract clauses.
(a) When the clause at FAR 52.227-11
is included in a solicitation or contract, it shall be modified as set forth
at 1852.227-11.
(b) The contracting officer shall insert the clause at 1852.227-70, New Technology, in all NASA solicitations and contracts with other than a small business firm or a nonprofit organization (i.e., those subject to section 305(a) of the Act), if the contract is to be performed in the United States, its possessions, or Puerto Rico and has as a purpose the performance of experimental, developmental, research, design, or engineering work. Contracts for any of the following purposes may be considered to involve the performance of work of the type described above (these examples are illustrative and not limiting):
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(1) Conduct
of basic or applied research.
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(2) Development,
design, or manufacture for the first time of any machine, article
of manufacture, or composition of matter to satisfy NASA's specifications
or special requirements.
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(3) Development of any process or technique
for attaining a NASA objective not readily attainable through the
practice of a previously developed process or technique.
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(4) Testing
of, evaluation of, or experimentation with a machine, process,
concept, or technique to determine whether it is suitable or could
be made suitable for a NASA objective.
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(5) Construction
work or architect-engineer services having as a purpose the performance
of experimental, developmental, or research work or test and evaluation
studies involving such work.
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(6) The
operation of facilities or the coordination and direction of the
work of others, if these activities involve performing work of
any of the types described in paragraphs (1) through (5) of this
section.
(c) The contracting officer shall insert the provision at 1852.227-71, Requests
for Waiver of Rights to Inventions, in all solicitations that include
the clause at 1852.227-70, New Technology (see paragraph (b) of this
section).
(d) The contracting officer shall insert the clause at 1852.227-72, Designation of New Technology Representative and Patent Representative, in all solicitations and contracts containing either of the clauses at FAR 52.227-11, Patent Rights--Retention by the Contractor (Short Form) or 1852.227-70, New Technology (see paragraph (c) of this section). It may also be inserted, upon consultation with the installation intellectual property counsel, in solicitations and contracts using another patent rights clause. The New Technology Representative shall be the Technology Utilization Officer
or the staff member (by titled position) having cognizance of technology
utilization matters for the installation concerned. The Patent Representative
shall be the intellectual property counsel (by titled position) having
cognizance of patent matters for the installation concerned.
(e) The contracting officer shall insert the provision at 1852.227-84, Patent Rights
Clauses, in solicitations for experimental, developmental, or research
work to be performed in the United States, its possessions, or Puerto
Rico when the eventual awardee may be a small business or a nonprofit
organization.
(f) As authorized in FAR 27.303(c)(2), when work is to be performed outside the United States, its possessions, and Puerto Rico by contractors that are not domestic firms, the clause at 1852.227-85, Invention Reporting and Rights--Foreign, shall be used unless the contracting officer determines, with concurrence of the installation intellectual property counsel, that the objectives of the contract would be better served by use of the clause at FAR 52.227-13, Patent Rights---Acquisition by the Government. For this purpose, the contracting officer may presume that a contractor is not
a domestic firm unless it is known that the firm is not foreign owned,
controlled, or influenced. (See FAR 27.304-4(a) regarding subcontracts
with U.S. firms.)
1827.304 Procedures.
1827.304-1 General.
(a) Contractor appeals of exceptions. In
any contract with other than a small business firm or nonprofit organization,
the NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart 1, shall apply.
(b) Greater rights determinations. In any contract with other than a small business firm or a nonprofit organization
and with respect to which advance waiver of rights has not been granted
(see 1827.302(b)), the contractor (or an employee-inventor of the contractor
after consultation with the contractor) may request waiver of title to
an individual identified subject invention pursuant to the NASA Patent
Waiver Regulations, 14 CFR Section 1245, Subpart 1.
(c) Retention of rights by inventor. The NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart 1, apply for
any invention made in the performance of work under any contract with
other than a small business firm or a nonprofit organization.
(f) Revocation or modification of contractor's minimum rights. Revocation or modification of the contractor's license rights (see 1827.302(i)(2))
shall be in accordance with 37 CFR 404.10, for subject inventions made
and reported under any contract with other than a small business firm
or a nonprofit organization.
(g) Exercise of march-in rights. For contracts with other than a small business firm or a nonprofit organization,
the procedures for the exercise of march-in rights shall be as set forth
in the NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart 1.
(h) Licenses and assignments under contracts with nonprofit organizations. The Headquarters Associate General Counsel (Intellectual Property) (Code GP)
is the approval authority for assignments. Contractor requests should be made to the Patent Representative designated in
the clause at 1852.227-72 and forwarded, with recommendation, to Code
GP for approval.
1827.304-2 Contracts placed by or for other Government agencies.
(a)(3) When a contract is placed for another agency
and the agency does not request the use of a specific patent rights clause, the
contracting officer, upon consultation with the installation intellectual property
counsel, may use the clause at FAR 52.227-11, Patent Rights--Retention by the
Contractor (Short Form) as modified by 1852.227-11 (see 1827.303-70(a)) or 1852.227-70,
New Technology (see 1827.303-70(b)).
1827.304-3 Contracts for construction work or architect-engineer services.
(a) For construction or architect-engineer
services contracts with other than a small business or nonprofit organization,
see 1827.303-70(b).
1827.304-4 Subcontracts.
(a)(i) Unless the contracting officer otherwise authorizes or directs, contractors
awarding subcontracts and subcontractors awarding lower-tier subcontracts
shall select and include one of the following clauses, suitably modified
to identify the parties, in the indicated subcontracts:
(A)
The clause at 1852.227-70, New Technology, in any subcontract with other
than a small business firm or a nonprofit organization if a purpose of
the subcontract is the performance of experimental, developmental, research,
design, or engineering work of any of the types described in 1827.303-70(b)(1)-(6).
(B)
The clause at FAR 52.227-11, Patent Rights--Retention by the Contractor
(Short Form), modified by 1852.227-11 (see 1827.303-70(a)), in any subcontract
with a small business firm or a nonprofit organization if a purpose of
the subcontract is the performance of experimental, developmental, or
research work.
(ii) Whenever
a prime contractor or a subcontractor considers it inappropriate to include
one of the clauses discussed in paragraph (a) of this section in a particular
subcontract, or a subcontractor refuses to accept the clause, the matter
shall be resolved by the contracting officer in consultation with the
intellectual property counsel.
1827.304-5 Appeals.
FAR 27.304-5 shall apply unless otherwise provided
in the NASA Patent Waiver Regulations, 14 CFR Section 1245, Subpart 1.
1827.305 Administration of the patent rights clauses.
1827.305-3 Follow-up by Government.
1827.305-370 NASA patent rights and new technology follow-up procedures.
(a) For each contract containing a patent rights clause or the clause at 1852.227-70, New Technology, the contracting officer shall take the following actions:
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(1) Furnish,
or require the contractor to furnish directly, the New Technology
Representative and the Patent Representative a copy of each contract
(and modifications thereto), and copies of the final technical
report, interim technical progress reports, and other pertinent
material provided under the contract, unless the representatives
indicate otherwise; and
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(2) Notify
the New Technology Representative as to which installation organizational
element has technical cognizance of the contract.
(b) The New Technology Representative shall take the following actions:
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(1) Review
the technical progress of work performed under the contract to
ascertain whether the contractor and its subcontractors are complying
with the clause's reporting and recordkeeping requirements;
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(2) Forward
to the Patent Representative copies of all contractor and subcontractor
written reports of reportable items and disclosures of subject
inventions, and a copy of the written statement, if any, submitted
with the reports.
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(3) Consult
with the Patent Representative whenever a question arises as to
whether a given reportable item is to be considered a subject invention
and whether it was made in the performance of work under the contract.
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(4) Forward to the Patent Representative all correspondence
relating to inventions and waivers under the New Technology clause
or election of title under the Patent Rights---Retention by the
Contractor (Short Form) clause.
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(5) Upon
receipt of any final report required by the clause, and upon determination
that the contract work is complete, determine whether the contractor
has complied with the clause's reporting requirements. If so, the
New Technology Representative shall certify compliance, obtain
the Patent Representative's concurrence, and forward the certification
to the contracting officer.
(c) The Patent Representative shall review each reportable item to ascertain whether
it is to be considered a subject invention, obtain any determinations
required by paragraph (b) of the clause at 1852.227-70, New Technology,
and notify the contractor. As to any subject invention, the Patent Representative shall:
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(1) Ensure
that the contractor has provided sufficient information to protect
the Government's rights and interests in it and to permit the preparation,
filing, and prosecution of patent applications;
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(2) Determine
inventorship;
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(3) Ensure the preparation of instruments
establishing the Government's rights; and
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(4) Conduct selected reviews
to ensure that subject inventions are identified, adequately documented,
and timely reported or disclosed.
(d) Either the New Technology Representative or the Patent Representative, in consultation with the other, may prepare opinions, make determinations, and otherwise advise the contracting officer with respect to any withholding of payment under paragraph (g) of the clause at 1852.227-70, New Technology. Either the New Technology Representative or the Patent Representative may represent the contracting officer for the purpose of examining the contractor's books, records, and other documents in accordance with paragraph (f) of the clause and take corrective action as appropriate. However, no action may be taken by either the New Technology Representative
or the Patent Representative that would constitute a final decision under
the Disputes clause, involve any change or increase in the work required
to be performed under the contract that is inconsistent with any right
of appeal provided in FAR 27.304-5 or 14 CFR 1245, Subpart 1, or otherwise
be outside the scope of the contract.
(e) The contracting officer shall not approve release of final payment under the
contract and, if applicable, any reserve set aside under the withholding
provisions of the clause for deficiencies and delinquent reporting not
corrected as of the time of the submission of the final report by the
contractor until receipt of the New Technology Representative's certification
of compliance, and the Patent Representative's concurrence.
1827.305-371 New technology reporting plan.
In contracts with an estimated cost in excess of $2,500,000 (or less when appropriate) that contain the clause at 1852.227-70, New Technology, the contracting officer may require the contractor to submit for post-award Government approval a detailed plan for new technology reporting that demonstrates an adequate understanding of and commitment to the reporting requirements of the clause.
1827.305-4 Conveyance of invention rights acquired by the Government.
(a) When the Government acquires the
entire right to, title to, and interest in an invention under the clause at 1852.227-70,
New Technology, a determination of title is to be made in accordance with Section
305(a) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C.
2457(a)), and reflected in appropriate instruments executed by NASA and forwarded
to the contractor.
1827.404 Basic rights in data clause.
(d) Protection of limited rights data specified for delivery. The
contracting officer shall consult with the installation patent or intellectual
property counsel regarding any questions concerning the delivery of limited rights
data and/or the use of Alternate II that may arise from an offeror's response
to the provision at FAR 52.227-15, Representation of Limited Rights Data and
Restricted Computer Software, or during negotiations.
(e) Protection of restricted computer software specified for delivery. The contracting officer shall consult with the installation patent or intellectual
property counsel regarding any questions concerning the delivery of restricted
computer software and/or the use of Alternate III that may arise from
an offeror's response to the provision at FAR 52.227-15, Representation
of Limited Rights Data and Restricted Computer Software, or during negotiations.
(f) Copyrighted data.
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(1)(ii) The contracting officer
shall consult with the installation patent or intellectual property
counsel
before granting permission for a contractor to claim copyright subsisting
in data, other than computer software, first produced under the contract.
(iv) The contracting officer, with the concurrence of the installation intellectual property counsel, is the approval authority for obtaining a copyright license of a different scope than set forth in subparagraph (c)(1) of the clause at FAR 52.227-14, Rights in Data--General, for any contract
or class of contracts.
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(2)(i) The procurement officer
is the approval authority for obtaining a copyright license of a
different scope than that set forth in subparagraph (c)(2) of the
clause at FAR
52.227-14 for any contract or class of contracts.
(g) Release, publication, and use of data.
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(3)(A)
NASA's intent is to ensure the most expeditious dissemination of
computer software developed by it or its contractor. Accordingly,
when the clause
at FAR 52.227-14, Rights in Data-General, is modified by 1852.227-14
(see 1827.409(a)), the contractor may not assert claim to copyright,
publish, or release to others computer software first produced in
the performance of a contract without the contracting officer's prior
written
permission.
(B)
The contracting officer may, in consultation with the installation
patent or intellectual property counsel, grant the contractor permission
to copyright, publish, or release to others computer software first
produced in the performance of a contract if:
(a)
The contractor has identified an existing commercial computer software product
line or proposes a new one and states a positive intention of incorporating
any computer software first produced under the contract into that line, either
directly
itself or through a licensee;
(b)
The contractor has made, or will be required to make, significant contributions
to the development of the computer software by cofunding or by cost-sharing,
or by contributing resources (including but not limited to agreement to provide
continuing maintenance and update of the software at no cost for Governmental
use); or
(c)
The concurrence of the Headquarters Office of Aeronautics Commercial Technology
Division (Code RW) is obtained.
(C)(a)
The contractor's request for permission in accordance with 1827.404(g)(3)(A)
may be made either before contract award or during contract performance.
(b) Any permission granted in accordance with 1827.404(g)(3)(B)(a) or (b) shall be by express contract provision (or amendment) overriding subparagraph (d)(3) of FAR 52.227-14, Rights in Data--General, (as modified by 1852.227-14), rather than by deleting it. The
contract provision may contain appropriate assurances that the computer
software will be incorporated into an existing or proposed new commercial
computer software product line within a reasonable time and/or that
the agreed contributions to the Government are fulfilled, with contingencies
enabling the Government to obtain the right to distribute the software
for commercial use, including the right to obtain assignment of copyright
where applicable, in order to prevent the computer software from
being suppressed or abandoned by the contractor.
(c)
Any permission granted in accordance with 1827.404(g)(3)(B)(c) may
be either by deleting subparagraph (d)(3) or by special contract
provision, as appropriate.
(d) When any permission to copyright is granted, any copyright license retained by the Government shall be of the same scope as set forth in subparagraph (c)(1) of the clause at FAR 52.227-14 and without any obligation of confidentiality on the part of the Government, unless in accordance with 1827.404(g)(3)(B)(b) the contributions of the Contractor may be considered "substantial" for
the purposes of FAR 27.408 (i.e., approximately 50 percent), in which
case rights consistent with FAR 27.408 may be negotiated for the
computer software in question.
(D) If the contractor has not been granted permission to copyright, paragraph (d)(3)(ii) of the clause at FAR 52.227-14, Rights in Data--General (as modified by 1852.227-14) enables NASA to direct the contractor to assert claim to copyright in computer software first produced under the contract and to assign, or obtain the assignment of, such copyright to the Government or its designee. The
contracting officer may, in consultation with the installation intellectual
property counsel, so direct the contractor in situations where copyright
protection is considered necessary in furtherance of Agency mission
objectives, needed to support specific Agency programs, or necessary
to meet statutory requirements.
(h) Unauthorized marking of data. The contracting officer shall consult with the installation patent or intellectual
property counsel before taking any action regarding unauthorized markings
of data under paragraph (e) of the clause at FAR 52.227-14, Rights in
Data--General.
(i) Omitted or incorrect notices. The contracting officer shall consult with the installation patent or intellectual
property counsel before agreeing to add or correct any markings on data
under paragraph (f) of the clause at FAR 52.227-14, Rights in Data--General.
1827.405 Other data rights provisions.
(b)(2) Acquisition of existing computer software. See
1827.409(k)(i)-(ii) and 1827.409-70 for modifications and alternatives to the
clause at FAR 52.227-19.
(c) Contracts awarded under the Small Business Innovative Research (SBIR) Program. If, during the performance of an SBIR contract (Phase I or Phase II), the need
arises for NASA to obtain delivery of restricted computer software as
defined in the clause at FAR 52.227-20, Rights in Data--SBIR Program,
and the contractor agrees to such delivery, the restricted computer software
may be acquired with restricted rights by modification of the contract
or under an agreement incorporated in and made part of the contract,
using the restricted rights set forth in FAR 27.404(e) and the related
restrictions as a guide.
1827.406 Acquisition of data.
(a) General. Requirements for delivering technical data relating to standard commercial items, components, or processes should be kept to the absolute minimum consistent with the purpose for which they are being procured. Normally,
a vendor's manuals for installation, operation, or maintenance and repair and/or
form, fit, and function data are adequate.
1827.408 Cosponsored research and development activities.
The contracting officer shall consult with the installation
patent or intellectual property counsel before limiting the acquisition of or
acquiring less than unlimited rights to any data developed under contracts involving
cosponsored research and development activities.
1827.409 Solicitation provisions and contract clauses.
(a) The contracting officer shall add
subparagraph (3) set forth in 1852.227-14 to paragraph (d) of the clause at FAR
52.227-14, Rights in Data-- General, except in solicitations and contracts for
basic or applied research with universities or colleges.
(b) The contracting officer, with the concurrence of the installation intellectual property counsel, is the approval authority for use of Alternate I. An example of its use is where the principal purpose of the contract (such as
a contract for basic or applied research) does not involve the development,
use, or delivery of items, components, or processes that are intended
to be acquired for use by or for the Government (either under the contract
in question or under any anticipated follow-on contracts relating to
the same subject matter).
(c) The contracting officer shall normally add the disclosure purposes listed in FAR 27.404(d)(1)(i)-(v) to subparagraph (g)(2). However, the contracting officer may, upon consultation with the installation patent or intellectual property counsel, make deletions from the specific purposes listed. If all are deleted, the word "None" must be inserted. Additions to those specific purposes listed may be made only with the approval
of the procurement officer and concurrence of the installation patent
or intellectual property counsel.
(d) The contracting officer shall consult with the installation patent or intellectual property counsel regarding the acquisition of restricted computer software with greater or lesser rights than those set forth in Alternate III. Where it is impractical to actually modify the notice of Alternate III, this
may be done by express reference in a separate clause in the contract
or by a collateral agreement that addresses the change in the restricted
rights.
(e) The contracting officer, with the concurrence of the installation intellectual
property counsel, is the approval authority for the use of Alternate
IV in any contract other than a contract for basic or applied research
to be performed solely by a college or university on campus (but not
for the management or operation of Government facilities).
(i) The contract officer shall modify the clause at FAR 52.227-17, Rights in Data--Special
Works by adding paragraph (f) as set forth in 1852.227-17.
(k)(i) The contracting officer shall add paragraph (e) as set forth in 1852.227-19(a)
to the clause at FAR 52.227-19, Commercial Computer Software--Restricted
Rights, when it is contemplated that updates, correction notices, consultation
information, and other similar items of information relating to commercial
computer software delivered under a purchase order or contract are available
and their receipt can be facilitated by signing a vendor supplied agreement,
registration forms, or cards and returning them directly to the vendor.
(ii) The
contracting officer shall add paragraph (f) as set forth at 1852.227-19(b)
to the clause at FAR 52.227-19, Commercial Computer Software--Restricted
Rights, when portions of a contractor's standard commercial license or
lease agreement consistent with the clause, Federal laws, standard industry
practices, and the FAR are to be incorporated into the purchase order
or contract.
(iii) See
1827.409-70.
1827.409-70 NASA contract clause.
The contracting officer shall use the clause at 1852.227-86,
Commercial Computer Software--Licensing, in lieu of FAR 52.227-19, Commercial
Computer Software--Restricted Rights, when it is considered appropriate for the
acquisition of existing computer software in accordance with FAR 27.405(b)(2).
