Effective Date: December 19, 2014
Expiration Date: December 19, 2020
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5.1.1 The main objective of a NASA technology transfer partnership is to work collaboratively with public and private sector entities to advance utilization of NASA technology for commercial and non-commercial applications. The intent of a NASA technology transfer partnership is to foster technology research and development (R&D) and product commercialization to ensure broader utilization of NASA technology investments for government, non-government, or mutual use. Therefore, a technology transfer partnership should specifically involve the further development, testing, evaluation and/or transfer of NASA technology to meet these objectives.
5.1.2 Legal instruments to be applied to a NASA technology transfer partnership are: Reimbursable and Non-reimbursable Space Act Agreements, Cooperative Agreements, and Cooperative Research and Development Agreements; all of which may be executed in conjunction with a license, and/or software usage agreement. For a full listing of partnership mechanisms, see Appendix D. In general:
a. The partnership will be documented in a form which, at a minimum, substantiates the relationship between the partner and NASA;
b. The partnership should typically include NASA or JPL and at least one of the following parties: another Federal Agency, a contractor, or a grantee or recipient acting under an appropriate legal instrument, such as a contract, grant, cooperative agreement, or Space Act Agreement;
c. The partnership should have an intent of either transferring a NASA-derived technological asset or providing support for a private sector or university-derived technological asset; and
d. The partnership will anticipate the transfer of technical know-how or data from NASA to the other entity.
5.2.1 The technology transfer activities sponsored by NASA are intended to facilitate domestic utilization of NASA-developed technologies by the public and private sectors of the U.S. economy. Consequently, NASA generally does not provide NASA technology information material to foreign entities; however, special situations or circumstances may arise that would allow information to be released.
5.2.2 General Inquiries: Inquiries from foreign organizations or individuals concerning access to the philosophy, organization, procedures and facilities/activities of the NASA Technology Transfer Program or concerning NASA technology development products are normally be answered by the Center's Technology Transfer Office. Center Technology Transfer Offices should keep accurate records of all foreign inquiries and should consult with their Center counterintelligence officer whenever they have a concern about the appropriateness or legitimacy of a request.
5.2.3 Requests for NASA-developed Technology: Normally, requests from foreign organizations or individuals for NASA technology information (e.g., technical support packages) handled under NASA's Technology Transfer Program will be denied. However, special situations may arise (such as inquiries regarding public health and safety or where special circumstances accrue economic benefit to the U.S.) that lead to NASA cooperation with foreign organizations. Such situations may be handled by the Center Technology Transfer Office, which shall coordinate and consult with the Center Counterintelligence Office and the Center Export Administrator prior to approval and release.
5.2.4 In cases where foreign inquiries relate to NASA-developed technologies which are known to have been already transferred and/or licensed, requests may be referred to the known U.S. user or licensee or to other U.S. companies active in the field. In cases involving cooperative international activities, NASA technology information can be provided to foreign entities if necessary to fulfill a NASA responsibility in an international agreement (e.g., Government-to- Government, Agency-to-Agency). In such instances the transfer would be in accordance with the terms of such agreement and the NASA Export Control Program as per NPD 2190.1 and would be effected/managed by the relevant Mission Directorate program manager(s), in consultation with the Headquarters or Center Export Administrator.
5.2.5 Additionally, foreign companies which express a bona fide interest in obtaining a royalty-bearing license under a NASA-owned patent or patent application may be furnished both the standard published material and additional but non-export controlled technical information to the extent necessary to negotiate and execute such a license. The need for furnishing such material and additional information will be established by the Office of the General Counsel, NASA Headquarters, in consultation with the Office of International and Inter-Agency Relations.
5.2.6 Each Center will keep accurate records of all requests for, and releases of, technology transfer materials and immediately report any suspicious requests to their Center's counterintelligence office.
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