CONTRACT RESEARCH PERFORMED BY NIST FOR NON-FEDERAL PARTIES
Sections
5.12.05 Approvals and Responsibilities
Appendix A - Amendment to Purchase
Order with NIST
5.12.01
PURPOSE AND SCOPE
This subchapter states the policies and procedures to be followed when
NIST employees perform research under contract for a non-federal party.
This subchapter does not apply to calibration services.
For purposes of this subchapter, contract research is defined as mission-appropriate, non-collaborative technical work performed by NIST using NIST employees or facilities funded in whole or in part by a non-federal entity.
5.12.02
POLICY
NIST may provide research services under contract to non-federal parties
under certain circumstances and conditions, as stated below.
NIST may use a contract when the research is non-collaborative, and conforms to the circumstances and conditions below.
NIST will own all intellectual property that results from the contract research and NIST is free to place all research results in the public domain. If the non-federal party wishes to own the results of the contract research, keep research results proprietary, or have the research performed collaboratively with NIST, then the non-federal party should use a Cooperative Research and Development Agreement (CRADA) or a Facility-Use Agreement.
5.12.03
LEGAL AUTHORITIES
15 U.S.C. 275a
15 U.S.C. 277
15 U.S.C. 278b(e)
15 C.F.R. 200
5.12.04
CONDITIONS FOR USE
NIST may conduct contract research for others when:
a. One (1) or more of the following circumstances exists:
(1) acceptance by NIST establishes traceability of measurements to national
standards;
(2) the private sector cannot or will not develop test methods for materials,
mechanisms, or structures related to items purchased by the government
or important to the public interest;
(3) requirements for accuracy of physical constants and properties of
materials cannot be met by other sources;
(4) there is a unique capability of NIST required; and/or
(5) use of a private sector source could cause significant and intolerable
delays in providing services and results; and
b. All of the following conditions are met:
(1) consistent with and complementary to the NIST mission;
(2) provides benefit to the laboratory's technology base, core competence,
technical capabilities;
(3) would not place the NIST facility in direct competition with the
private sector;
(4) consistent with environmental, safety, and health requirements;
(5) consistent with acceptable standards for humane treatment of human
and animal subjects involved in research or other activities of the government;
and,
(6) the research activity does not compromise or create the appearance
of compromising NIST's third party objectivity.
The contract must include the standard NIST clauses on publication,
intellectual property rights (NIST owns exclusively), treatment of proprietary
information, indemnification and liability, and the use of NIST's name.
These are contained in the standard "Amendment to Purchase Order with National
Institute of Standards and Technology" which is included as Appendix A
to this subchapter. Any variations from these provisions must be approved
by the NIST Deputy Chief Counsel.
5.12.05
APPROVALS AND RESPONSIBILITIES
a. The OU ensures that an acceptable purchase order from a non-federal
party for NIST contract research conforms to the above Conditions for Use,
and that it is consistent with the "Amendment to Purchase Order with National
Institute of Standards and Technology" a sample of which is included as
Appendix A to this subchapter.
b. The OU Director or designee approves, disapproves, or renegotiates
the purchase order proposed by the sponsoring party.
c. The Comptroller approves purchase orders for contract research
over $25,000, and sends to the NIST Deputy Chief Counsel if the
purchase order does not conform to the terms of the above-mentioned "Amendment"
or if NIST and the sponsoring party need help in negotiating terms.
d. The NIST Deputy Chief Counsel approves non-standard (NIST)
contract terms and assists in negotiating contracts.