[Federal Register: November 12, 1998 (Volume 63, Number 218)] [Rules and Regulations] [Page 63209-63210] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12no98-19] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1827 and 1852 Reportable Item Definition AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This is a final rule to conform the two NASA FAR Supplement (NFS) definitions of ``reportable item''. DATES: This rule is effective November 12, 1998. ADDRESSES: Tom O'Toole, NASA Headquarters Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Tom O'Toole, (202) 358-0478. SUPPLEMENTARY INFORMATION: Background The NFS has two definitions of ``reportable item''--in section 1827.301, Definitions, and the clause at 1852.227-70, New Technology. These definitions vary slightly, and this rule will conform these definitions by using the version at 1827.301 as a baseline. Other minor adjustments are made to cite appropriate USC titles and add examples of reportable items. A proposed rule was published in the August 13, 1998 Federal Register (63 FR 43362). NASA received one public comment that suggested the scope of the revised definition was unnecessarily broad in that it would now apply to all copyrightable data. NASA disagrees. The revised definition only intended to clarify that all inventions and innovations, including computer programs, should be reported without regard to potential patentability under Title 35 and/or copyrightability under Title 17 of the U.S. Code. However, to optimize clarity and preclude the potential misconception that reporting is required for all data produced under the contract, NASA has restructured the definition to focus more explicitly the U.S.C. references. Impact NASA certifies that this regulation will not have a significant economic impact on a substantial number of small business entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) since the changes are editorial clarifications and do not impose any new requirements on offerors or contractors. The rule does not impose any reporting or recordkeeping requirements subject to the Paperwork Reduction Act. List of Subjects in 48 CFR Parts 1827 and 1852 Government procurement. Tom Luedtke, Acting Associate Administrator for Procurement. Accordingly, 48 CFR Parts 1827 and 1852 are amended as follows: 1. The authority citation for 48 CFR Parts 1827 and 1852 continues to read as follows: Authority: 42 U.S.C. 2473(c)(1). PART 1827--PATENTS, DATA, AND COPYRIGHTS 2. Section 1827.301 is amended by revising the definition of ``reportable item'' to read as follows: 1827.301 Definitions. * * * * * 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. * * * * * PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Section 1852.227-70 is amended by revising the clause date and the definition of ``reportable item'' in paragraph (a) of the clause to read as follows: 1852.227-70 New technology. * * * * * New Technology November 1998 (a) * * * Reportable item, as used in this clause, 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 [[Page 63210]] or otherwise protectible under Title 17 of the United States Code. * * * * * [FR Doc. 98-30265 Filed 11-10-98; 8:45 am] BILLING CODE 7510-01-P