PETITIONER:

REQUEST FOR PROPOSAL: --DESCRIPTION:

General Precision

RFP 364-80745

STATEMENT OF FACTS: The Petitioner, General Precision, is a prospective contractor of the National Aeronautics and Space Administration, under RFP 80745. The petition was submitted to NASA prior to contract execution for consideration of waiver of title to all inventions that may be made under the above-identified RFP, and was considered by the Inventions and Contributions Board on July 14, 1966. The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.104 of the cited Regulations, and therefore RECOMMENDS THE GRANT OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection of Section 1245.104(a) of the Regulations.

SECTION 1245.104(a)(1). The purpose of the proposed contract is to develop and test random access, plated-wire, magnetic memories for use in conjunction with spacecraft central processing units. It is clearly not a purpose of the proposed contract to create, develop, or improve products, processes, or methods intended for commercial use by the general public, or which

will be required for such use by governmental regulations.

SECTION 1245.104(a)(2). Since the principal purpose of the proposed contract is to design, develop, and test advanced nondestructive readout spacecraft memories, it is apparent that the proposed contract is not to explore into fields that directly concern the public health or welfare.

SECTION 1245.104(a)(3). The field of science or technology of the proposed contract is digital information storage and retrieval systems. This field is a very active and competitive one, involving many firms: IBM, RCA, Control Data, Bell Systems, Raytheon, Hughes, Litton Industries, MinneapolisHoneywell, Stromberg Carlson, and NCR are among the companies active in the field of digital information storage and retrieval systems. Since the development of the first digital computer by the Government in 1946, at least one-half of the research in the field has been financed by private enterprise. In view of the foregoing, the Board finds that the proposed contract is in a field of science or technology in which there has been significant experience outside of work funded by the Government, and that has been principally developed by private enterprise. Moreover, in view of the many companies conducting research in this field, acquisition of exclusive rights at the time of contracting would not place Petitioner in a preferred or dominant position.

SECTION 1245.104(a)(4). Since the proposed contract requires Petitioner to furnish all personnel and facilities in the work

to be done, it follows that the proposed contract is not for the services of Petitioner for (i) the operation of a Governmentowned research or production facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). The purpose of the proposed contract is the development of reliable random access memories for use in a spacecraft. Since the present state of knowledge in the field of digital information storage and retrieval systems is highly advanced, the information, processes, and products developed under the proposed contract will be built upon existing knowledge. SECTION 1245.104(a)(6). That Petitioner has acquired technical competence in the field of technology of digital information storage and retrieval systems is demonstrated both by the numerous brochures and pamphlets describing Petitioner's product lines in the field, and by the list of Petitioner's patents pertaining to various components used in the field. Petitioner states that it has expended millions of dollars of its own money in R&D of computers and memories in the more than ten years that

it has been in the field. For these reasons, it is considered clear that the work called for by the proposed contract is in a field, digital information storage and retrieval systems, in which Librascope has acquired technical competence (as demonstrated by its know-how, experience, and patent position). Moreover, Petitioner states that over the past three years it has had over $7 million in commercial sales of rotating and solid-state memories throughout the United States and the world. While the part of this figure that represents foreign sales may or may not be properly classified as commercial, at least that part of these sales that occurred in the United States establishes a nongovernmental commercial position. In addition, Petitioner states that approximately 40% of its computer sales over the past twelve years has been nongovernmental commercial sales. For these reasons, it is believed that the work called for by the contract is in a field, information storage and retrieval systems, in which Librascope has acquired technical competence and which overlaps areas, computers and rotating disc memories, in which Librascope has an established nongovernmental commercial position.

firms for the aerospace industry. It is also readily apparent from such review that the field of thin-film materials has been developed substantially independently of Government funding, because of the diversity of uses of thin-film materials. That acquisition of exclusive rights to inventions that might arise under the proposed contract would not confer a preferred or dominant position on Petitioner is clear, because (1) Petitioner is examining only a very limited portion of an extensive field, viz., protein films and laminate materials, and (2) because of the highly competitive nature of the field. Therefore, the proposed contract is not in a field of science or technology in which there has been little significant experience outside of work funded by the Government, or where the Government has been the principal developer of the field, with respect to which the acquisition of exclusive rights at the time of contracting might confer on the Petitioner a preferred or dominant position.

SECTION 1245.104(a)(4). All work to be done under the proposed contract will be performed at Petitioner's own facilities by its employees. Hence, the proposed contract is not for the services of the Petitioner for (i) the operation of a Government-owned research or production facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). As discussed above, the proposed contract is to study protein film and laminate materials, and to provide a thin film having given characteristics under certain environmental conditions. Petitioner sufficiently supports its allegation of having the required exist

ing knowledge through the use of attached U.S. patents relating to protein and protein film materials. Furthermore, Petitioner asserts that it now has pending two patent applications that are directly related to the work to be done under the proposed contract. Hence, it is the purpose of the proposed contract to build upon existing knowledge to develop information and products for use by the Government.

SECTION 1245.104(a)(6). The Statement of Work of the proposed contract requires the Petitioner to develop thin protein film and laminate materials, and to study the chemical and physical properties thereof.

The Petitioner has for many years been a major producer of glue and gelatinous materials for use in food, pharmaceutical, and industrial fields. Petitioner alleges that its annual sales of such materials are in excess of four million pounds. Petitioner has established a patent position in the field, as hereinbefore discussed, and the cognizant engineer has stated emphatically that to the best of his knowledge the Petitioner has acquired technical competence and a mercial position in the field, through its own funding.

In view of the foregoing, it is clear that the work called for by the proposed contract is in a field of technology (thin protein and laminate films) in which the Petitioner has acquired technical competence (demonstrated by factors such as know-how, experience, and patent position) directly related to an area (glue and gelatinous materials) in which the proposed contractor has an established nongovernmental commercial position.