This is a modification to the synopsis entitled Human & Robotic Technology which was posted on June 28, 2004. You are notified that the following changes are made: Posting of Questions and Answers and a revision to the BAA.
The due date for responses is not extended.
Documents related to this procurement will be available over the Internet. These documents will reside on a World Wide Web (WWW) server, which may be accessed using a WWW browser application. The Internet site, or URL, for the NASA/HQ Business Opportunities home page is http://prod.nais.nasa.gov/cgi-bin/eps/bizops.cgi?gr=D&pin;=04
Offerors are responsible for monitoring this site for the release of the solicitation and any amendments. Potential offerors are responsible for downloading their own copy of the solicitation and amendments (if any).
A link to briefing charts and further details is located at:
https://naccsli1.msfc.nasa.gov/ExplorationPortal
I. Cont'd Questions/Answers:
Q44. Can one assume that the Prometheus Program will provide an energy rich environment for future missions and that our NOI concept can take advantage of this energy?
A44. Make sure your assumptions are clearly stated in your NOI and major dependencies of other programs.
Q45. Is a formal Government Task Agreement or other formal commitment from NASA Centers required with the Notice of Intent?
A45. No, the offeror is only required to make a good faith effort to identify any collaboration with NASA Centers for the NOI. A Government Task Agreement will be required with the full proposal.
Q46. Will failure to team with a NASA Center result in non-selection?
A46. We will evaluate the appropriateness and suitability of the proposed project team partnership for the proposed project. There are no predetermined go/no-go criteria.
Q47. What’s the position regarding ownership of the original intellectual property, are proposers automatically required to assign the patent rights to NASA? We’re fine with NASA having a free license for future applications (assuming the project goes ahead), but would proposers still have the right to exploit the technology in other markets (e.g., for European based satellite projects). Would NASA be willing to help maintain the patent costs?
A47. The government only obtains rights to “subject inventions.” A subject invention means any invention of the contractor conceived or first actually reduced to practice in the performance of work under the contract. Thus, if any existing invention (“original intellectual property”) has already been reduced to practice it will not be considered a subject invention to which the Government obtains rights.
Specifically regarding inventions made (conceived or first actually reduced to practice) by foreign contractors the Government will obtain the full right, title and interest in and to each invention throughout the word, except the State in which the contract is to be performed. As to such State, the contractor grants to the Government an irrevocable, nontransferable, nonexclusive, paid-up license.
Q48. If UK sub-contractors are allowed, do we need to register the application or the company name with NASA’s Office of External Relations?
A48. There is nothing in the BAA that requires such a move.
Q49. For a proposal team, is collaboration with a partner from the European Space Agency considered a plus or a minus (or neither)?
A49. Collaborations with ESA are not treated differently than any other proposals received for this BAA.
Q50. What International Traffic in Arms Regulations (ITAR) rules apply to collaboration with a partner from the European Space Agency?
A50. All ITAR and Export Administration Regulations (EAR) requirements, exemptions/exceptions, and prohibitions that are appropriate will apply. In the context of cooperation with ESA, there is no ITAR or EAR policy of denial. However, there are a number of EAR license exceptions that are applicable when considering cooperation with other partners, depending upon the particular technologies or hardware involved. Of course, the H&RT; BAA is likely to involve more ITAR-controlled technologies/hardware than EAR-controlled technology. The ITAR rules that apply will, in all cases, depend upon the technology and the foreign participant.
Q51. Many respondents plan to leverage technologies developed for DoD and therefore subject to ITAR control. Does NASA have a plan to control technologies/data subject to ITAR?
A51. NASA controls transfers of technologies/technical data that are subject to export control (under the ITAR and EAR) through the NASA Export Control Program, NPD 2190.1 & NPR 2190.1. NASA contractors are, likewise, obliged to comply with the export control laws.
Q52. Do respondents have to identify ITAR-subject technical data to be used in the program?
A52. Generally, respondents do not have to identify ITAR-subject related data. Please refer to the NASA FAR Supplement, section 1852.225-70 (Export Licenses) that provides as follows:
"EXPORT LICENSES
(FEBRUARY 2000)
(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.
(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.
(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.
(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors."
Q53. If proposal as a private company were to involve a Russian launcher and the contractor were to use some or all of the funds received to procure flight assistance from that Russian launcher, would NASA anticipate that would be in violation of the Iran Non- proliferation Act (INA)?
A53. It is difficult to predict what cases may be influenced by the Iran Non-proliferation Act (INA). The answer will depend on the specific technology being developed and the intended scope of the cooperation.
For instance where data derived from a human spaceflight testbed is combined with other research and eventually leads to and option for human spaceflight, the connection may be too attenuated to trigger INA restrictions. The answer depends on the specific technology being developed.
Q54. NASA has requested that proposers write-in a primary theme for the project type. In the BAA under each element program (i.e. 1.2 Advanced Materials and Structural Concepts (AMSC)) they have listed different themes related to that element as shown below. Within each theme several topics of interest are also identified. Is it permissible to write in the identified "topics of interest" within a theme or should the primary theme be limited to the provided technical themes (i.e. a. Advanced Materials)?
a. Advanced Materials
b. Structural Concepts, Dynamics and Controls
c. Mechanisms and Interconnects
d. Flexible Fiber Systems
e. Smart’ Materials and Structures
f. Space Environments and Effects
A54. Use the provided technical themes listed above so that we can determine the relevance of what is being proposed.
Q55. The HRT Notice of Intent submittal form (on-line) on the registration page, the Project Title field is character limited to about 50 characters. Is it be acceptable to abbreviate the Title on the registration page since the HRT BAA input Form Title is not character limited?
A55. Adjust your title accordingly in order for NASA to identify it with your proposal.
Q56. Under the project type section of the HRT BAA input there is a pull down menu for a secondary element. What is the purpose of indicating a secondary element? Will there be two areas of review, one for the primary and one for the secondary?
A56. There will only be one NOI review and one proposal review. The use of the secondary selection is mainly to help NASA better determine if what is proposed is really relevant to H&RT; goals and objectives. Aside from a primary impact, NASA needs to know what other significant areas of technology research development the proposed project will influence.
II. Revision to the BAA:
An amended BAA will be posted at the website noted above.
