April 2, 1996
CONTRACT AND GRANT OFFICERS (CAMPUS AND LAB)
Subject: Jet Propulsion Laboratory General Provisions - Cost-Reimbursement Without Fee With an Educational Institution (College or University) Contract (4468 - 1/95)
The Jet Propulsion Laboratory, California Institute of Technology, prepared a standard agreement (4468) dated 1/95 for use with all educational institutions with which it contracts. After months of discussion with JPL, the Research Administration Office can recommend that campuses accept this contract with the following understandings and modifications:
GP-30. Welsh-Healey Public Contracts Act GP-35. Buy American Act - Supplies
It is understood that these clauses are not applicable to basic or applied research contracts with educational institutions. However, because JPL believes that they may be needed in contract with educational institutions for other types of work, they are retained in the General Provisions as they apply to any work with educational institutions.
GP-50. Rights in Technical Proposal Data
When we requested that the phrase "unless such data are identified by a restrictive legend" be added to the end of this clause in order to protect any proprietary data in our proposals, JPL stated that an exclusion for specified numbered pages would be added to any individual contract for which the proposal contained proprietary data. Thus, the text of each specific contract will have to be reviewed on a case-by-case basis to determine if this clause needs to be altered to protect specified portions of a technical proposal.
GP5 1. Rights in Data--General
This clause should now contain the modifications provided in the attachment to this Operating Guidance Memo. They provide that the University may establish copyright on any data first produced in the performance of the contract including software.
GP-79. Termination of Defined Benefit Pension Plans
GP-80. Reversion or Adjustment of Plans for Postretirement Benefits Other Than Pensions (PRB)
These clauses only apply to commercial organizations. However, JPL did not delete them from the -higher education contract because they consider them to be "flow-around" clauses, that is, they are to be used in a subcontract with a commercial organization. They are self-deleting for higher education institutions.
In addition to the General Provisions, any contract could have Additional General Provisions (AGP) which JPL should point out and negotiate with the campus Contracting Officer. So each contract needs to be reviewed to determine if any AGPs are included.
Finally, JPL notified campuses that these General Provisions are available on the World Wide Web via the JPL home page. The address is: http://procurement.jpl.nasa.gov/folio.pgi/4468.nfo?. Please note that, although the date of the on-line General Provisions may state 9/21/95, that is the date they were put on-line. They are the 1/95 General Provisions discussed in this Memo. These General Provisions can also be received via e-mail at: Procurement@jpl.nasa.gov. In the subject field, type: JPL General Provisions (4468).
Refer: Samuela A. Evans (510) 987-9849
Subject Index: 22
Organization Index: P- 100
David F. Mears
Director, Research Administration
APPLICABLE TO ALL JPL CONTRACTS
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
ARTICLE GP-51. RIGHTS IN DATA - GENERAL is revised as follows:.
(1) Delete paragraph (c)(t)(A) and substitute:
(A) Except as otherwise specifically provided in this Contract. the Contractor may establish claim to copyright subsisting in any data first produced in the performance of this Contract. When claim to copyright is made, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including the Prime Contract number) to the data when such data are delivered to JPL, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. (Acknowledgment shall include a statement that "This work was performed for the Jet Propulsion Laboratory. California institute of Technology. sponsored by the United States Government under Contract NA87-1260.") For data other then computer software, the Contractor grants to the Government. and in support and furtherance of its Government contract obligations, the Institute, and others acting on their behalf, a paid-up, nonexclusive, irrevocable worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public. and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and in support anti furtherance of its Government contract obligations, the institute, and others acting on their behalf, a paid-up. nonexclusive, irrevocable worldwide license in such copyrighted computer software to reproduce. prepare derivative works, and perform publicly and display publicly by or on behalf of the Government.
(2) Delete paragraph (c)(1)(B) and substitute:
(B) If the Government desires to obtain copyright in computer software first produced in the performance of this Contract for which claim to copyright has not been made by the Contractor, the Contracting Officer or the Institute may direct the Contractor to establish. or authorize the establishment of, claim to copyright in said computer software, and to assign, or obtain the assignment of, such copyright to the Government or its designated assignee.
(3) At end of paragraph (c)(2) delete the period and add "if included in this Contract or as otherwise may be provided in a collateral agreement incorporated in or made part or this Contract."
(4) Delete paragraph (d)(3) and substitute:
(3) Before the Contractor publishes or releases computer software first produced under this Contract, it shall first furnish the Contracting Officer with a copy of such software and a statement as to the circumstances of the publication or release.
(5) In paragraph (j), first sentence, delete the words "or an unauthorized representative, may,..." and substitute "an authorized representative, or JPL may,..."