PART 1827
PATENTS, DATA,
AND COPYRIGHTS
1827.000 Scope of part.
SUBPART 1827.3 PATENT RIGHTS UNDER GOVERNMENT CONTRACTS
1827.301 Definitions.
1827.302
Policy.
1827.303
Contract clauses.
1827.303-70
NASA solicitation provisions
and contract clauses.
1827.304 Procedures.
1827.304-1
General.
1827.304-2
Contracts placed by or for
other Government agencies.
1827.304-3
Contracts for construction
work or architect-engineer services.
1827.304-4
Subcontracts.
1827.304-5
Appeals.
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.
1827.305-371
New technology reporting plan.
1827.305-4
Conveyance of invention
rights acquired by the Government.
SUBPART 1827.4 RIGHTS IN DATA AND COPYRIGHTS
1827.404
Basic rights in data clause.
1827.405
Other data rights
provisions.
1827.406
Acquisition of data.
1827.408
Cosponsored research and
development activities.
1827.409
Solicitation provisions and
contract clauses.
1827.409-70
NASA contract clause.
PART 1827
PATENTS, DATA,
AND COPYRIGHTS
1827.000 Scope of part.
This part prescribes NASA policies, procedures, and contract clauses
pertaining to patents, data, and copyrights. The provisions of FAR Part
27 apply to NASA acquisitions
unless specifically excepted in this part.
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
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):
(1) Conduct of basic or applied research.
(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.
(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.
(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.
(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.
(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
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:
(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
(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:
(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;
(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.
(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.
(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.
(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:
(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;
(2)
Determine inventorship;
(3) Ensure
the preparation of instruments establishing the Government's rights; and
(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.
(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.
(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.
(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
co-funding 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 Aerospace Technology, Commercial Technology Division
(Code RC) 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).