VI. GENERAL PROVISIONS Attachment D-2 B. General Provisions for Fixed-Price Research and Development Contracts, HUD 736 (10-68) is incorporated herein and mace a part hereof, as amended below: A, Clause 6, "EXAMINATION OF RECORDS" is deleted in its entirety, and the following clause is inserted: EXAMINATION OF RECORDS (a) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $2,500 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. (c) Paragraphs (a) and (b) above are extended to provide equal rights to authorized representatives of the Department of Housing and Urban Development. Clause 16, "EQUAL OPPORTUNITY" is modified as follows: The term "race, color, religion, sex, or national origin" is substituted for the term "race, creed, color, or national origin". 32-679 69-pt. 1-9 Attachment D-2 C. Clause 19, "PUBLICATION" is deleted in its entirety, and the following clause is inserted: PUBLICATION AND INFORMATION RIGHTS (a) Definition. For the purpose of this clause, "publication" includes (1) any document containing information inteded for public consumption or (2) the act of, or any act which may result in, disclosing information to the public. (b) General. The results of the research and development and studies conducted under this contract are to be made available to the public through dedication, assignment to the Government, or such other means as the Secretary of Housing and Urban Development shall determine, as required under title III of the Housing Act of 1948, as amended (12 U.S.C. 1701e). (c) Reports Furnished the Government. All intermediate and final reports of the research and development and studies conducted hereunder shall indicate on the cover or other initial page that the research and development and studies forming the basis for the report were conducted pursuant to a contract with the Department of Housing and Urban Development. Such reports are official Government property and may not be published or reproduced (in toto, in verbatim excerpt, or in form approximating either of these) as an unofficial paper or article. The Contractor or Technical Personnel (each employee or consultant working under the administrative direction of the Contractor or any subcontractor hereunder) may publish such reports in whole or in part in a non-Government publication only in accordance with this paragraph (c) and paragraph (e) (1) of this clause. (d) Publication and Information Rights of Government. The Government shall have full right to publish all information, data, and findings developed as a result of the research and development and studies conducted hereunder. Such publication will, at the option of the Contractor (except in the case of verbatim excerpts from the Contractor's report), credit the Contractor and its principal personnel involved by foreword or initial footnote to the publication in form substantially as follows: The (research) (development) (studies) forming the basis Attachment D-2 The Government shall also have the unlimited right to (e) Publication by Contractor or Technical Personnel. (1) Publication in whole or in part of Contractor's reports furnished the Government. Unless such reports have been placed in the public domain by Government publication, the Contractor or Technical Personnel (each employee or consultant working under the administrative direction of the Contractor or any subcontractor hereunder) may publish a report furnished the Government, in toto or in verbatim excerpt, but consistent with paragraph (c) of this clause may not secure copyright therein, subject to the following conditions, and the conditions in paragraph (e) (4) and paragraph (f): (i) During the first six months after submission of the full final report, if written permission to publish is obtained from the Contracting Officer. (ii) After six months following submission of the full final report, and if paragraph (e) (3) is inapplicable, if a foreword or footnote in the non-Government publication indicates the source of the verbatim material. (2) Publication, except verbatim excerpts, concerning or based in whole or in part on results of research and development and studies hereunder. The Contractor or Technical Personnel may issue a publication concerning, or based in whole or part on the results of, the research and development studies conducted under this contract and may secure copyright therein but in so publishing is not authorized thereby to inhibit the unrestricted right of the Secretary of Housing and Urban Development to disclose or publish in such manner as he may deem to be in the public interest the results of such research and development and studies, subject to the following conditions and the requirement in paragraph (e) (4): (i) During the first six months after submission of the final report, and if paragraph (e) (3) is inapplicable, subject to Government exercise of an option that the publication contain a foreword or initial footnote substantially as follows: The (research) (development) (studies) forming Attachment D-2 The substance of such (research) (development) for the accuracy of statements or interpreta- (3) General condition if HUD determines that Contractor's final report contains patentable subject matter developed in contract performance. If the Contracting Officer determines that the Contractor's full final report contains patentable subject matter developed in the performance of this contract and so notifies the Contractor in writing prior to six months from date of submission of such report, not publication of verbatim excerpts from Contractor's reports or publication concerning or based in whole or in part on the results of the research and development and studies hereunder shall be made without the written consent of the Contracting Officer. (4) Copies of Contractor and Technical Personnel publications to be furnished the Government. The Contractor or Technical Personnel will furnish the Contracting Officer six (6) copies of any publications which are based in whole or in part on the research and development and studies conducted under this contract. (f) Administratively confidential Information. The Contractor shall not publish or otherwise disclose, except to the Government and except matters of public record, any information or data obtained hereunder from private individuals, organizations, or public agencies, in a publication whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment (consistent with the inhibitions applicable to the Secretary of Housing and Urban Development under section 602(a) of the Housing Act of 1956, 12 U.S.C. 1701d-3(d). (g) Inclusion of Provisions in Contractor's Agreements The Contractor shall include provisions appropriate to effectuate the purposes of this clause in all contracts of employment with persons who perform any part of the research or development or study under this contract and in any consultant's agreements or subcontracts involving research or development or study hereunder. Attachment D-2 D. Clause 20, "PATENTS," is deleted in its entirety and the following clause is inserted: "PATENTS (a) Clause A Section (1) Whenever any invention or discovery is conceived or reduced to practice by the Contractor or its Technical Personnel (each employee or consultant working under the administrative direction of the Contractor or any subcontractor hereunder) in the course of, or under this contract, the Contractor, or applicable subcontractor, shall promptly furnish the Contracting Officer with complete information thereon; Contractor agrees to grant the Government all right, title and interest in and to each such invention or discovery subject to the reservation of a nonexclusive and royalty-free license to the Contractor to such invention or discovery, and any patent application or patent resulting therefrom. Section (2) The Contractor agrees: (a) to cooperate in the preparation and prosecution of (b) to execute all papers required in the prosecution of Section (3) Prior to final payment under this contract, the Contractor shall file a final report disclosing to the Contracting Officer all inventions, improvements and discoveries developed in the performance of this contract, and shall certify on the last page of such report that to the best of his knowledge and belief such disclosure has been made therein or that there are no such unreported inventions. Section (4) The Contractor shall include provisions appropriate to effectuate the purposes of this clause in all contracts of employment with persons who perform any part of the research or development or studies under this contract and in any consultants' agreements or subcontracts involving research or development or studies hereunder. |