University of California

Office of the President

Memo

 

Senior Vice President‑

Business and Finance

 

Research Administration Office

Operating

Guidance

No. 00-04

Supplement 1

September 26, 2001

 

CONTRACT AND GRANT OFFICERS

 

Subject:           California Institute of Technology Jet Propulsion Laboratory General Provisions: Cost- Reimbursement without Fee with an Educational Institution (College or University) (GP R  8/01)

 

The California Institute of Technology Jet Propulsion Laboratory (JPL) has published a new Standard Alteration to its Cost‑Reimbursement without Fee with an Educational Institution (College or University) Contract (R 8/01). This Standard Alteration, attached, revises the previous Standard Alteration "Compliance with Export Regulations" clause by deleting the clause, "Compliance with NASA Property Tracking Requirements" and adding a paragraph which requires the Contractor to insert "Compliance with Export Regulations" in all subcontracts "which could involve export as defined in the ITAR and EAR." These changes are not significant as the JPL General Provisions contain a separate section of requirements on "Management of Government Property."

 

In a second area, Operating Guidance Memo No. 00‑04 issued October 20, 2000 for this JPL contract stated that the word "notwithstanding" in the "Rights in Technical Proposal Data" clause should be deleted and changed to "subject to...".  This modification is not required. The "Rights in Technical Proposal Data" clause can be accepted as written. Investigators must be advised to put restrictive markings on proposal pages which contain proprietary or confidential technical data as this clause allows the Government and JPL to use, disclose etc. any technical proposal data unless it is marked as proprietary or confidential.

 

The above described changes to the JPL General Provisions are effective for all new contracts after July, 2001.

 

Refer:   Samuela A. Evans

            (510) 987‑9849]

Samuela.Evans@ucop.edu

          

Subject Index: 22

 

Organization Index: P‑100

 

 

 

David F. Mears

Director

Research Administration

 

                                                                                                                                   

Attachment

 

*Note: The addressees above represent the standard distribution of Contract and Grant Memos. Additional addressees, if any, may be added based on the subject of the Memo. See cc's

 

 

"COMPLIANCE WITH EXPORT REGULATIONS” GP

 

  1. Applicability: CREI contracts.

 

  1. Used when: Issuing any contract with a University which takes exception to the language of the   "Compliance with Export Regulations" GP.

 

  1. “Compliance with Export Regulations" GP Alteration Text:

 

Compliance with Export Regulations

 

a.         Hardware software and related materials and services, including technical data,

May be subject to U.S. export control laws, including the U.S. Export

Administration Act, Arms Control Act and their associated regulations,

and may be subject to export or import regulations in other countries

Contractor agrees to strictly comply with all US export control regulations, and

acknowledges that, when applicable, it has the responsibility to obtain export

licenses for hardware, software  and related materials and services, including

technical data, related to the performance of this Contract, which are in its

possession or control.

 

b.         Contractor agrees to insert this clause, including this paragraph, in all

Subcontracts which could involve export as defined in the ITAR and EAR.