NOAA Acquisition Manual

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Subchapter E- General Contracting Requirements


Part 1330-27 Patents, Data, and Copyrights

Subpart 1330-27.1 General

1330-27.101-Applicability

1330-27.101-70 NOAA Solicitations and Contracts Producing Environmental Data or Peer-Reviewed Publications

1330-27.170 Solicitation and Contract Language



Part 1330-27 Patents, Data, and Copyrights

Subpart 1330-27.1 General

1330-27.101-Applicability

1330-27.101-70 NOAA Solicitations and Contracts Producing Environmental Data or Peer-Reviewed Publications

(a)  Policy.  Acquisition Alert 17-01, NOAA Solicitations and Contracts Producing Environmental Data or Peer-Reviewed Publications, established the NOAA acquisition policy for all solicitations, contracts, and orders, at any dollar amount, that fund the production of any element of environmental data or peer-reviewed publications.  This policy does not apply to purchase card transactions.  This policy was established as a result of the NOAA Data and Publication Sharing Directive for Grants and Cooperative Agreements and Contracts issued by NOAA’s EDMC.

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(b)  Exclusions.  This policy excludes requirements for laboratory notebooks, preliminary analyses, drafts of scientific papers, plans for future research, peer review reports, communications with colleagues, or physical objects, such as laboratory specimens. Questions regarding applicable requirements, exclusions, exemptions, and waivers shall be coordinated through the Program Office and the respective NOAA Environmental Data Management Committee (EDMC) representative.

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(c)  Responsibilities of the NOAA Program and Program Office.  A NOAA Program or Program Office with a requirement for a contract or an order that will result in the production of environmental data or peer-reviewed publications shall provide the following information to the servicing Acquisition Division and contracting officer (1) with the submission of the purchase requisition and (2) before contract closeout as described below:

  1. The Data Management Guidance (DM Guidance) specific to the requirement.
    1. The NOAA Data and Publication Sharing Directive for Grants and Cooperative Agreements and Contracts, Appendix A, provides a tailorable template for use in preparing the DM Guidance. The DM Guidance will describe, in general terms, how the NOAA Program intends for the resulting data to be managed by the contractor, including the retention plan for data not archived, and what, if any, NOAA support may be provided. Once the performance period for the contract has expired, the contractor is no longer responsible for maintaining the data. The DM Guidance will be issued with the solicitation to assist offerors in preparing the submission of the Data Management Plan.
    2. The Data Management Plan is required to be submitted as part of the offeror’s proposal and must be responsive to the recommendations provided in the DM Guidance. The Data Management Plan is approved by the NOAA Program and Program Office during the evaluation of the offeror’s

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  1. The period of performance to be established within the contract or order for:

    1. Delivery or completion date for making data publicly accessible;
    2. Maintenance or updates to the publically available data (if required); and
    3. Any requests from the contractor during performance of the contract to extend the data accessibility submission date or the period of performance of the contract shall be coordinated by the NOAA Program with the contracting officer.

  2. If the requirement has received an exemption or an approved waiver from (a) the NOAA Program, (b) the Program Office, or (c) the NOAA EDMC, and is not subject to the data accessibility requirements, the Program Office shall provide evidence of the exclusion, exemption, or approved waiver.
  1. Prior to contract closeout, the NOAA Program shall confirm the data accessibility of the contractor’s environmental data or peer-reviewed publication.

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(d)  Responsibilities of the Contracting Officer.  NOAA AGO contracting officers shall utilize the information submitted by the NOAA Program and the Program Office to ensure the solicitation, contract, or order resulting in the production of environmental data or peer- reviewed publications contains the following:

  1.  The DM Guidance submitted by the NOAA Program or Program Office shall be included in solicitations (including Broad Agency Announcements) or as an attachment to the solicitation for work expected to produce environmental data or peer-reviewed publications.
  1. The contracting officer shall insert the solicitation language located at 1330-52.227-70, Instructions to Offerors – Awards Expected to Generate Environmental Data or Peer-Reviewed Publications, in all solicitations (including Broad Agency Announcements) for requirements expected to generate environmental data or peer-reviewed publications. The solicitation language includes instructions to offerors and references the evaluation of the Data Management Plan and past performance regarding such plans. Contracting officers must ensure these items are included in the evaluation criteria.
  1. The contracting officer shall insert the contract language located at 1330-52.227-71, Awards Expected to Generate Environmental Data or Peer-Reviewed Publications, in all Notice of Awards and Contracts or Orders expected to produce environmental data or peer- reviewed publications.

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1330-27.170 Solicitation and Contract Language

(a)  Insert the solicitation and contract language located at 1330-52.227-70, Instructions to Offerors – Awards Expected to Generate Environmental Data or Peer-Reviewed Publications, in all solicitations (including Broad Agency Announcements) for requirements expected to generate environmental data or peer reviewed publications.

(b) Insert the contract language located at 1330-52.227-71, Awards Expected to Generate Environmental Data or Peer-Reviewed Publications, in all Notice of Awards and Contracts or Orders expected to produce environmental data or peer- reviewed publications.

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