§ 3019.35 7 CFR Ch. XXX (1–1–06 Edition)

the equipment shall be subject to the (2) Authorize others to receive, repro- provisions for federally-owned equip- duce, publish, or otherwise use such ment. data for Federal purposes. (d) (1) In addition, in response to a § 3019.35 Supplies and other expend- Freedom of Information Act (FOIA) re- able property. quest for research data relating to pub- (a) Title to supplies and other ex- lished research findings produced under pendable property shall vest in the re- an award that were used by the Federal cipient upon acquisition. If there is a Government in developing an agency residual inventory of unused supplies action that has the force and effect of exceeding $5000 in total aggregate law, the Federal awarding agency shall value upon termination or completion request, and the recipient shall pro- of the project or program and the sup- vide, within a reasonable time, the re- plies are not needed for any other fed- search data so that they can be made erally-sponsored project or program, available to the public through the pro- the recipient shall retain the supplies cedures established under the FOIA. If for use on non-Federal sponsored ac- the Federal awarding agency obtains tivities or sell them, but shall, in ei- the research data solely in response to ther case, compensate the Federal Gov- a FOIA request, the agency may charge ernment for its share. The amount of the requester a reasonable fee equaling compensation shall be computed in the the full incremental cost of obtaining same manner as for equipment. the research data. This fee should re- flect costs incurred by the agency, the (b) The recipient shall not use sup- recipient, and applicable subrecipients. plies acquired with Federal funds to This fee is in addition to any fees the provide services to non-Federal outside agency may assess under the FOIA (5 organizations for a fee that is less than U.S.C. 552(a)(4)(A)). private companies charge for equiva- (2) The following definitions apply lent services, unless specifically au- for purposes of this paragraph (d): thorized by Federal statute as long as the Federal Government retains an in- (i) Research data is defined as the re- terest in the supplies. corded factual material commonly ac- cepted in the scientific community as § 3019.36 Intangible property. necessary to validate research findings, but not any of the following: prelimi- (a) The recipient may copyright any nary analyses, drafts of scientific pa- work that is subject to copyright and pers, plans for future research, peer re- was developed, or for which ownership views, or communications with col- was purchased, under an award. The leagues. This ‘‘recorded’’ material ex- Federal awarding agency(ies) reserve a cludes physical objects (e.g., laboratory royalty-free, nonexclusive and irrev- samples). Research data also do not in- ocable right to reproduce, publish, or clude: otherwise use the work for Federal pur- (A) Trade secrets, commercial infor- poses, and to authorize others to do so. mation, materials necessary to be held (b) Recipients are subject to applica- confidential by a researcher until they ble regulations governing patents and are published, or similar information inventions, including government-wide which is protected under law; and regulations issued by the Department (B) Personnel and medical informa- of Commerce at 37 CFR part 401, tion and similar information the dis- ‘‘Rights to Inventions Made by Non- closure of which would constitute a profit Organizations and Small Busi- clearly unwarranted invasion of per- ness Firms Under Government Grants, sonal privacy, such as information that Contracts and Cooperative Agree- could be used to identify a particular ments.’’ person in a research study. (c) The Federal Government has the (ii) Published is defined as either right to: when: (1) Obtain, reproduce, publish or oth- (A) Research findings are published erwise use the data first produced in a peer-reviewed scientific or tech- under an award; and nical journal; or

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(B) A Federal agency publicly and of- ment standards or requirements shall ficially cites the research findings in be imposed by the Federal awarding support of an agency action that has agencies upon recipients, unless spe- the force and effect of law. cifically required by Federal statute or (iii) Used by the Federal Government in executive order or approved by OMB. developing an agency action that has the force and effect of law is defined as when § 3019.41 Recipient responsibilities. an agency publicly and officially cites The standards contained in this sec- the research findings in support of an tion do not relieve the recipient of the agency action that has the force and contractual responsibilities arising effect of law. (e) Title to intangible property and under its contract(s). The recipient is debt instruments acquired under an the responsible authority, without re- award or subaward vests upon acquisi- course to the Federal awarding agency, tion in the recipient. The recipient regarding the settlement and satisfac- shall use that property for the origi- tion of all contractual and administra- nally-authorized purpose, and the re- tive issues arising out of procurements cipient shall not encumber the prop- entered into in support of an award or erty without approval of the Federal other agreement. This includes dis- awarding agency. When no longer need- putes, claims, protests of award, source ed for the originally authorized pur- evaluation or other matters of a con- pose, disposition of the intangible prop- tractual nature. Matters concerning erty shall occur in accordance with the violation of statute are to be referred provisions of § 3019.34(g). to such Federal, State or local author- [60 FR 44124, Aug. 24, 1995, as amended at 65 ity as may have proper jurisdiction. FR 14407, 14408, Mar. 16, 2000] § 3019.42 Codes of conduct. § 3019.37 Property trust relationship. The recipient shall maintain written Real property, equipment, intangible standards of conduct governing the property and debt instruments that are performance of its employees engaged acquired or improved with Federal in the award and administration of funds shall be held in trust by the re- contracts. No employee, officer, or cipient as trustee for the beneficiaries agent shall participate in the selection, of the project or program under which award, or administration of a contract the property was acquired or improved. supported by Federal funds if a real or Agencies may require recipients to apparent conflict of interest would be record liens or other appropriate no- involved. Such a conflict would arise tices of record to indicate that per- when the employee, officer, or agent, sonal or real property has been ac- any member of his or her immediate quired or improved with Federal funds family, his or her partner, or an orga- and that use and disposition conditions nization which employs or is about to apply to the property. employ any of the parties indicated herein, has a financial or other interest PROCUREMENT STANDARDS in the firm selected for an award. The § 3019.40 Purpose of procurement officers, employees, and agents of the standards. recipient shall neither solicit nor ac- Sections 3019.41 through 3019.48 set cept gratuities, favors, or anything of forth standards for use by recipients in monetary value from contractors, or establishing procedures for the pro- parties to subagreements. However, re- curement of supplies and other expend- cipients may set standards for situa- able property, equipment, real property tions in which the financial interest is and other services with Federal funds. not substantial or the gift is an unso- These standards are furnished to en- licited item of nominal value. The sure that such materials and services standards of conduct shall provide for are obtained in an effective manner disciplinary actions to be applied for and in compliance with the provisions violations of such standards by offi- of applicable Federal statutes and ex- cers, employees, or agents of the re- ecutive orders. No additional procure- cipient.

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