"Rights in Data" clause in § 18-9.203-1 shall be omitted and the following paragraph (1) shall be substituted therefor.

(1) Notwithstanding any Tables or Specifications included or incorporated in the contract by reference, "proprietary data" need not be furnished unless suitably identified in the Schedule of the Contract as being required. For the purpose of this clause, "proprietary data" means data providing information concerning the details of a Contractor's secrets of manufacture, such as may be contained in but not limited to his manufacturing methods or processes, treatment and chemical composition of materials, plant layout and tooling, to the extent that such information is not readily disclosed by inspection or analysis of the product itself and to the extent that the Contractor has protected such information from unrestricted use by others. (July 1962) In negotiated supply procurements, when "proprietary data" as defined in § 189.201 is to be obtained, the Schedule of the contract shall specify the extent of the "proprietary data" to be furnished. § 18-9.203-3 Limited rights in data provision for use in supply contracts.

In negotiated supply contracts where "proprietary data" is to be acquired and such data is needed only for a limited purpose, such as maintenance, the clause set forth in § 18-9.203-2 should be supplemented by the additional paragraph (j) set forth below. The Schedule of the contract must state the extent of the "proprietary data" to be furnished subject to such limitations. Paragraph (j) below is not authorized for use in a contract having as one of its principal purposes experimental, research, or developmental work.

(1) That portion of the Subject Data delivered under this contract which is identified in the Schedule as being subject to limitations shall not be released outside the Government, nor be duplicated, used, or disclosed in whole or in part for procurement or manufacturing purposes (other than for manufacture required in connection with repair or overhaul where an item is not procurable commercially so as to enable the timely performance of the overhaul or repair work: Provided, When Data is released by the Government to a Contractor for such purposes, the release shall be made subject to the limitation of this clause: Provided further, Such Data shall not be used for manufacture or procurement of spare parts for stocks), without permission of the Contractor, if the following legend is marked on each piece of Data so limited either in its entirety or only partially as to its content:

Furnished under U.S. Government Con

tract No. and only those portions hereof which are marked (for example, by circling, underscoring, or otherwise) and indicated as being subject to this legend shall not be released outside the Government (except to foreign governments, subject to these same limitations), nor be disclosed, used, or duplicated, for procurement or manufacturing purposes, except as otherwise authorized by contract, without the permission of ---. This

legend shall be marked on any reproduction hereof in whole or in part.

Provided, That such Data may be delivered to foreign governments as the national interest of the United States may require, subject to the limitations specified in this parsgraph. The Contractor shall not impose limitations on the use of any piece of Data or any portion thereof, which the Contractor has previously delivered to the Government without limitations. (July 1962)

§ 18-9.204 Contract clauses-special. § 18-9.204-2 Production of motion pic

tures.

The clause set forth below is approved for use in contracts for the production of motion pictures with or without accom-panying sound, and in all contracts for the preparation of motion picture scripts musical compositions, sound tracks translations, adaptations, and the like

RIGHTS IN DATA (SEPTEMBER 1964)

(a) The term "Subject Data" as used herein includes writings, sound recordings pictorial reproductions, drawings, or othe graphical representations, and works of any similar nature (whether or not copyrighted which are specified to be delivered under th contract. The term does not include financial reports, cost analyses, and other informa tion incidental to contract administration

(b) All Subject Data first produced in the preformance of this contract shall be the sole property of the Government. The Con tractor agrees not to assert any rights a common law or equity and not to establi any claim to statutory copyright in suc Data. The Contractor shall not publish reproduce such Data in whole or in part o in any manner or form, nor authorize other so to do, without the written consent of th Government until such time as the Govern ment may have released such Data to th public.

(c) The Contractor agrees to grant an does hereby grant to the Government an its officers, agents and employees actin within the scope of their official duties. royalty-free, nonexclusive, and irrevocab license throughout the world (1) to publis? translate, reproduce, deliver, perform, us and dispose of, in any manner, any and a Data not first produced or composed in th performance of this contract but which : incorporated in the work furnished unde

this contract; and (ii) to authorize others 50 to do.

(d) The Contractor shall indemnify and save and hold harmless the Government, Its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyright, or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any Data furnished under this contract, or (ii) based upon any libelous or other unlawful matter contained in such Data.

(e) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other rights otherwise granted to the Government under any patent.

(f) Paragraphs (c) and (d) above are not applicable to material furnished to the Contractor by the Government and incorporated in the work furnished under the contract: Provided, Such incorporated material is identified by the Contractor at the time of delivery of such work.

§ 18-9.204-3 Histories and other works. The contract clause set forth in § 189.204-2 is suggested for use in contracts for:

(1) Histories of NASA activities or installations;

(2) Works pertaining to recruiting, morale, training, or career guidance;

(3) Surveys of Government establishments, and

(4) Works pertaining to the instruction or guidance of Government officers and employees in the discharge of their official duties.

When the "Rights in Data" clause set forth in § 18-9.204-2 is used in contracts of the kinds listed above, there shall be added to the end of the first sentence of paragraph (a) of that clause, the following:

"or which are in fact delivered to the Government in the performance of this contract." (August 1963)

$18-9.204-50 Short form clause, fixed

price, research contract with nonprofit institutions (including educational institutions).

In contracts of the kind described in the heading, which are executed using NASA Form 246, the following clause shall be included in the contract. TECHNICAL REPORTS AND DATA (JULY 1962) (a) Upon completion of the work under this contract, the Contractor shall submit the number of copies required in the Sched

ule of a complete and final technical report of his findings and conclusions together with any original illustrations and photographic negatives. With the prior approval of the Contracting Officer, the Contractor may submit interim technical reports in lieu of the final report at such intervals as may be agreed upon.

(b) The Government may publish, reproduce or use, and have others so do, for any purpose, without limitation, drawings, studies, research notes, technical information and other scientific data resulting from this contract.

§ 18-9.204-51 Short form clause, costreimbursement, research contract with nonprofit institutions (including educational institutions).

In short form contracts for research with an educational or nonprofit institution, the following clause shall be included in the contract.

DATA AND INSPECTION (SEPTEMBER 1962)

The Government may publish, reproduce, and use, and have others so do, for any purpose, without limitation, drawings, studies, research notes, technical information, and other scientific data resulting from this contract. The Government has the right, at all reasonable times, to inspect or otherwise evaluate the work being performed under this contract.

§ 18-9.204-52 Potentially hazardous items.

(a) When procuring items, designated in procurement requests, in accordance with § 18-3.850, as potentially hazardous, the policies and instructions set forth in this paragraph shall prevail over all other policies and instructions contained in this Subpart 18-2.9. The term "items" as used herein includes components of items.

(b) If such items result from experimental, developmental or research work performed under a contract so that the clause set forth in § 18-9.203-1 would be applicable to the data pertaining to such items, or in any other case where the Government, as a part of the contract, buys unlimited rights to use such data, the "Rights in Data" clause set forth in § 18-9.203-1 shall be included in the contract, but paragraph (i) thereof shall be altered by adding to the end thereof the following:

This paragraph (i) shall not apply to data identified in the Schedule of the contract as being required to be delivered for items or components of items which are designated in the Schedule as being potentially hazardous.

(c) If such items are to be furnished in the performance of a contract containing the Rights in Data clause set forth in § 18-9.203-1, but do not result from the performance of experimental, developmental or research work under such contract, so that the delivery of data for such items would be excused under paragraph (i) of such clause, or are to be furnished in the performance of any other kind of contract, and if the Government does not, as a part of the contract, buy the unlimited rights to use such data, the following clause shall be included in the contract:

RIGHTS IN DATA FOR POTENTIALLY HAZARDOUS ITEMS (SEPTEMBER 1964)

(a) The rights of the Government to use the drawings and any other data required to be furnished by the Schedule of this contract for items or components designated therein as potentially hazardous shall be as provided by this clause, and in this respect, this clause takes precedence over any other clause of this contract providing for rights in data. Such other Rights in Data clause shall apply however, to all other data specified to be delivered under this contract.

(b) The Government shall have the right to duplicate, and use the drawings and other data to which this clause is applicable for inspection, study and evaluation of the items or components disclosed by such drawings or data, and to have others duplicate and use such data for the Government for such purposes. Such data shall not otherwise be released outside the Government nor duplicated, used, or disclosed in whole or in part for procurement or manufacturing purposes, if the following legend is marked on each piece of data to which this clause is applicable:

be

"Furnished under U.S. Government Contract No. ‒‒‒‒‒‒ and shall not be disclosed, used, or duplicated for procurement or manufacturing purposes without the permission

of This legend shall be marked on any reproduction hereof in whole or in part."

(c) The Contractor shall not impress the legend set forth in paragraph (b) above on any piece of data which the Contractor or any subcontractor has previosuly delivered to the Government without limitations.

(d) Whenever any piece of data marked with the legend set forth in paragraph (b) above is reproduced in whole or in part by the Government, or for the Government at its request, the legend shall be included on the reproduction.

(e) The Government shall not disclose the data marked with the legend set forth in paragraph (b) above to any firm or person not having a need to inspect, study, evaluate or handle the items or components represented by the data, and shall not disclose the data to any firm or person outside the Government without obtaining an agreement

from such firm or person that he shall not use the data for manufacture or procure ment, and that he shall comply with condi tions of the legend.

§ 18-9.205 Contracts for acquisition of existing works.

§ 18-9.205-1

Off-the-shelf purchase of books and similar items.

Notwithstanding the instructions of any other paragraph of this subpart, no contract clause contained in this subpart need be included in contracts for the separate, sole procurement of data, other than motion pictures, in the exact form in which such material exists prior to the initiation of a request for purchase (such as the off-the-shelf purchases of existing products) unless the right to reproduce such data is an objective of the contract.

Contracts for existing

§ 18-9.205-2 motion pictures.

Contracts for the procurement of existing motion pictures or for the modification of existing motion pictures will be made only after consultation with legal counsel.

§ 18-9.206 Contracts to be performed outside the United States.

(a) Except as otherwise provided in §§ 18-9.204 and 18-9.205, the clause set forth below shall be included in all contracts under which (i) technical infor mation including reports, drawings, blueprints, or other data is specified to be delivered to the Government, and (ii) the work is to be performed outside the United States, its possessions, or Puerto Rico, regardless of the place of delivery.

TECHNICAL INFORMATION (JULY 1962)

The Government may duplicate, use and disclose, in any manner for its Government purposes, including delivery to other governments for the furtherance of mutual defense of the U.S. Government and such other governments, all or any part of the technical information including reports, drawings, blueprints, and other data specified to be delivered by the Contractor to the Government under this contract.

(b) The above clause may be modified by substituting "the U.S. Government for "Government"; however, when th contractor is a foreign government, th above clause shall be modified by sub stituting "the U.S. Government" fo "Government" and by substituting th name of the foreign government fo "Contractor."

"Annual bid bond" means a single bond (in lieu of separate bid bonds for each contract), without limitation as to penal amount, which secures all bids (on other than construction contracts) requiring bonds submitted by a contractor during a specific fiscal year of the Government in response to formal advertising.

§ 18-10.101-3 Annual performance bond.

"Annual performance bond" means a single bond (in lieu of separate performance bonds for each contract) which secures the performance of contracts (other than construction contracts) which require bonds and are entered into by a contractor during a specific fiscal year of the Government.

§ 18-10.101-4 Bid guarantee.

"Bid guarantee" means a form of security accompanying a bid or proposal as assurance that the bidder (a) will not withdraw his bid within the period specified therein for acceptance, and (b) will execute a written contract and furnish such bonds as may be required within the period specified in the bid (unless a longer period is allowed) after receipt of the specified forms.

§ 18-10.101-5 Consent of surety.

"Consent of surety" means an acknowledgment by a surety that its bond

"Patent infringement bond" means a bond which secures the performance and fulfillment of the undertakings contained in a patent clause.

§ 18-10.101-8 Payment bond.

"Payment bond" means a bond which is executed in connection with a contract and which secures the payment of all persons supplying labor and material in the prosecution of the work provided for in the contract.

§ 18-10.101-9 Penal sum or amount.

"Penal sum or amount" means the dollar amount shown in a bond and represents the maximum payment for which the surety is obligated.

§ 18-10.101-10 Performance bond.

"Performance bond" means a bond which is executed in connection with a contract and which secures the performance and fulfillment of all the undertakings, covenants, terms, conditions, and agreements contained in the contract.