which the contractor does not elect to secure a patent.

(d) The right to require written reports at reasonable intervals on the commercial use that is being made or is intended to be made of the invention.

(e) The right to require the inclusion of the following appropriately completed statement in the second paragraph of the specification of any patent application or patent: "The Government has rights in this invention pursuant to Contract No. awarded by the National Science Foundation."

(f) The right to require the granting of a nonexclusive or exclusive license to a responsible applicant on terms that are reasonable under the circumstances (1) unless it is determined that effective steps have been taken within three years after a patent issues on the invention to bring the invention to the point of practical application, or that the invention has been made available for licensing royalty-free or on terms that are reasonable under the circumstances or unless cause can be shown why the Foundation should not exercise this right for some further period of time; (2) to the extent the invention is determined to be necessary to fulfill health or safety needs; or (3) to the extent the invention is determined to be needed for other public purposes stipulated in the contract. Determinations and other actions taken pursuant to this paragraph (f) shall be by the Director or by such person(s) as he may designate.

(g) The right to approve any license covering the invention proposed to be granted to any of the following persons or organizations:

(1) Any person who participated as an employee of the contractor in the research leading to the conception and/or actual reduction to practice of the invention;

(3) An organization of which the contractor was an active promoter, organizer, or financer.

Approval of such a license shall be given only if the contractor can show that a bona fide effort was made without success to interest other organizations known to be interested in the subject matter of the invention in becoming licensees, or can otherwise show why the public interest will best be served by the proposed licensing arrangement. Notwithstanding anything above, this paragraph (g) shall not apply in the case of a contract with a for-profit contractor.

§ 25-9.106 Availability of inventions to the public.

(a) A major objective of the Foundation is to encourage the use of inventions arising out of activities supported by the Foundation. It is important that any useful product or process developed or improved under a contract is made available to the public on reasonable terms. In some cases, to ensure such availability it may be necessary, either at the time of award or in connection with the determination under § 25-9.104, to require the contractor to furnish to responsible applicants technical data or rights in other inventions to the extent necessary to practice the invention made or product or process developed or improved under the contract.

(b) Program managers or other Foundation personnel shall refer cases involving preexisting proprietary technology (such as "proprietary data," "trade secrets," patents, or patent applications) to the General Counsel or the Patent Policy Review Cominittee in accordance with applicable Staff Memoranda.

§ 25-9.107 Delegations.

The General Counsel is authorized to make any determinations required by these regulations to be made by the Director, including determinations required by the President's Policy to be made by the head of the agency, except those specified in § 25-9.105(f).

PART 25-30-CONTRACT FINANCING

Subpart 25-30.1-Forms of Financing

§ 25-30.103 Advance payments.

The NSF legislation provides that advance, progress, or other payments which relate to scientific activities or scientific information may be made without regard to the Provisions of section 3648 Revised Statutes (31 U.S.C. 529). Advance payments may be made in any amount not exceeding the contract price, provided (a) the amount of the advance payment is based upon an analysis of the financing required by the contractor for the contract and does not exceed reasonable financial requirements between payments, and (b) such advance payment is appropriate in order to contract for the required work.

(42 U.S.C. 1861-1875, 1876-1879; 33 U.S.C. 1121-1124; 63 Stat. 37, as amended; 41 U.S.C. 201 note)

[34 FR 1440, Jan. 30, 1969]

PART 25-50-SPECIAL AUTHORITIES

Subpart 25-50.1-Additional Authorities

§ 25-50.101 Additional authority of the National Science Foundation.

The Foundation has special authori

ty under the National Science Foundation Act, as amended, 42 U.S.C. 18611875, title IX of the National Defense Education Act, 42 U.S.C. 1876-1879, and the National Sea Grant College and Program Act, 33 U.S.C. 1121-1124. For example, the Foundation has authority:

(a) To enter into and amend contracts, for the carrying on of scientific activities and science information activities, without advertising, without legal consideration and without performance or other bonds;

(b) To publish or arrange for the publication of scientific and technical information (permitting exceptions from certain Government Printing Office procedures);

(c) To prescribe, with the approval of the Comptroller General, special accounting procedures;

(d) To acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exercise of authority granted by the National Science Foundation Act or the National Defense Education Act.

(42 U.S.C. 1861-1875, 1876-1879; 33 U.S.C. 1121-1124; 63 Stat. 37, as amended; 41 U.S.C. 201 note)

[34 FR 1440, Jan. 30, 1969]

Act of 1949, as amended and §§ 0.75(j) and 0.76(j) of Title 28, Code of Federal Regulations.

§ 28-1.104 Applicability.

The FPR as implemented and supplemented by the JPR apply to the procurement operations of all Department of Justice procuring activites. However, nothing in those regulations shall impair or affect the authority of the Federal Prison Industries with respect to any program conducted for the purpose of rehabilitation, Provided, That the Federal Prison Industries shall, to the maximum extent practicable, consistent with the fulfillment of the purposes of the program and the effective and efficient conduct of its business, coordinate its operations with the requirements of the regulations prescribed by the FPR and JPR. Therefore, the Federal Prison Industries shall comply with those regulations except for reasons peculiar to the operation of the Federal Prison Industries. Where compliance with a specific regulation would be inconsistent with Federal Prison Industries programs, a deviation shall be requested in accordance with § 28-1.109-2(b). § 28-1.105 Exclusions.

(a) Certain Department of Justice procurement policies and procedures which come within the scope of this Chapter 28 may nevertheless be excluded under special circumstances such as the following:

(1) The subject matter has a security classification.

(2) The policy or procedure is expected to be effective for a period of less than 6 months.

(3) The policy or procedure is being instituted on an experimental basis for a reasonable period.

(4) The policy or procedure must be implemented in less time than is required to incorporate it as a part of this Chapter 28.

(b) Policies and procedures issued under paragraph (a)(4) of this section will be codified into Chapter 28 not later than 6 months from the date of issue.