Status Report

48 CFR Parts 1835 and 1852 (NASA): Final Rule: Final Scientific and Technical Reports–SBIR and STTR Contracts

By SpaceRef Editor
January 12, 2005
Filed under , ,

[Federal Register: January 12, 2005 (Volume 70, Number 8)]
[Rules and Regulations]
[Page 2022]
From the Federal Register Online via GPO Access []


48 CFR Parts 1835 and 1852

RIN 2700-AD04

Final Scientific and Technical Reports–SBIR and STTR Contracts

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

SUMMARY: This rule adopts as final without change the proposed rule
published in the Federal Register on August 12, 2004. This final rule
amends the NASA FAR Supplement (NFS) by adding an Alternate III to the
“Final Scientific and Technical Reports” clause for use in contracts
awarded under the Small Business Innovation Research (SBIR) and the
Small Business Technology Transfer (STTR) programs. This change is
required to recognize the “Rights in Data–SBIR Programs” clause
rather than the FAR “Rights in Data–General” clause currently
referenced in the NFS “Final Scientific and Technical Reports”

DATES: Effective Date: This rule is effective January 12, 2005.

Procurement, Contract Management Division; (202) 358-1645; e-mail:


A. 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 must include the clause at 1852.235-73.
This clause provides direction to the contractor regarding its ability
to release data first produced or used in performance of the contract.
However, the clause currently only address the contractor’s rights in
data as defined in FAR 52.227-14, Rights in Data–General. Contractor
rights in data under SBIR and STTR contracts are defined in FAR clause
52.227-20, Rights in Data–SBIR Program. This change adds an Alternate
III to 1852.235-73 for use in SBIR and STTR contracts that references
FAR 52.227-20 to recognize contractor data rights under SBIR and STTR

NASA published a proposed rule in the Federal Register on August
12, 2004 (69 FR 49845). No comments were received. The proposed rule is
being adopted as final without change.

This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

NASA certifies that this final rule does not have a significant
economic impact on a substantial number of small entities with the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
because it only clarifies what the appropriate data rights clause is
used under SBIR and STTR contracts.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes do
not impose recordkeeping or information collection requirements which
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1835 and 1852

Government procurement.

Tom Luedtke,

Assistant Administrator for Procurement.


Accordingly, 48 CFR parts 1835 and 1852 are amended as follows:


1. The authority citation for 48 CFR parts 1835 and 1852 continues to
read as follows:

Authority: 42 U.S.C. 2473(c)(1).



2. Amend section 1835.070 by adding paragraph (d)(3) to read as

1835.070 NASA contract clauses and solicitation provision.

* * * * *

(d) * * *

(3) Except when Alternate II applies in accordance with paragraph

(d)(2) of this section, the contracting officer shall insert the clause
with its Alternate III in all SBIR and STTR contracts.
* * * * *



3. Amend section 1852.235-73 by revising the date of the clause to read
“(JAN 2005)” in the first sentence of paragraph (b), removing “NPG”
and adding “NPR” in its place; and adding Alternate III to read as

1852.235-73 Final Scientific and Technical Reports.

* * * * *

Alternate III

(Jan 2005)

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 with such Notices.

[FR Doc. 05-530 Filed 1-11-05; 8:45 am]


SpaceRef staff editor.