|
(c) "Socially and economically disadvantaged individuals" means those individuals who aze citizens of
<br />the United States (or lawfully admitted permanent residents) and States (or lawfully admitted
<br />permanent residents) and who are black Americans, Hispanic Americans, Native Americans,
<br />Asian-Pacific Americans, Asian-Indian Americans, or women, and any other minorities or individuals
<br />found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small
<br />Business Act.
<br />i. "Black Americans", which includes persons having origins in any of the Black racial groups of
<br />Africa;
<br />ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South
<br />American, or other Spanish or Portuguese culture or origin, regardless of race;
<br />iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native
<br />Hawaiians;
<br />iv. "Asian-Pacific Americans", which includes persons whose origins aze from Japan, China, Taiwan,
<br />Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Temtories of Pacific,
<br />and the Northern Marianas;
<br />v. "Asian-Indian Americans", which includes persons whose origins are from India, Pakistan, and
<br />Bangladesh.
<br />Patents, Data and Copyright-
<br />General. If any invention, improvement, or discovery of the Recipient or any of its third
<br />party contractors is conceived or fi~st actually reduced to practice in the course of or under the
<br />Project, and that invention, improvement, or discovery is patentable under the laws af the United
<br />States of America or any foreign country, the Reciptent agrees to notify F'I'A immediately and
<br />provide a detailed report.
<br />Federal Rights. Unless the Federal Government later makes a contrary determination in
<br />writing, the rights and responsibilities of the Recipient, third party contractor, subrecipient and the
<br />Federal Governmen[ pertaining to that invention, improvement, or discovery will be determined in
<br />accordance with applicable Federal laws, regulations, including any waiver thereof. Unless the
<br />Federal Government later makes a contrary determination in writing, the Recipient agrees that,
<br />irrespective of its status or the status of any subrecipient or any third party contractor at any tier (i.e.,
<br />a lazge business, small business, state govemment or state instrumentality, local government, nonprofit
<br />organization, institution of higher education, individual, etcJ, the Recipient agrees it will transmit to
<br />FTA those rights due the Federal Govemment in any invention resulting from that third party
<br />contract described in U.S. Department of Commerce Regulations, "Rights to Grants, Cont~acts and
<br />Cooperative Agreements" 37 C.F.R. Part 401.
<br />Definition. The term "subject data" used in this section means records information, whether
<br />or not copyrighted, that is delivered or specified to be delivered under the Grant Agreement or
<br />Cooperative Agreement. Examples include, but are not limited to: computer software, standards,
<br />specifications, engineering drawmgs and associated lists, process sheets, manuals, technical reports,
<br />catalog item identifications, and related information. The term "subject data" does not include
<br />financial reports, cost analyses, and similar information used for Project administration.
<br />Federal Restrictions. The following restrictions apply to all data first produced in the
<br />performance of the Grant Agreement or Cooperative Agreement: Except for its own use, the
<br />Recipient may not publish or reproduce subject data in whole or in part, or m any manner or form,
<br />nor may the Recipient authonze others to do so, without the wntten consent of the Federal
<br />Addendum, FI'A Contract Requirements
<br />Page - 5
<br />0318971157
<br />
|