Announcement of Requirements and Registration for National Institute of Standards and Technology Prize Competition-Federal Impact Assessment Challenge, 66260-66264 [2016-23239]
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Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 160914846–6846–01]
Announcement of Requirements and
Registration for National Institute of
Standards and Technology Prize
Competition—Federal Impact
Assessment Challenge
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
In 2011, President Obama
issued a Presidential Memorandum—
Accelerating Technology Transfer and
Commercialization of Federal Research
in Support of High-Growth Businesses—
which called on Federal agencies to
establish performance goals, metrics,
evaluation methods, and
implementation plans to improve the
effectiveness of Federal technology
transfer activities. The President’s
charge has stimulated agency interest in
studies that assess the impact of
technologies transferred from Federal
laboratories.
In an effort to encourage research in
this area, the National Institute of
Standards and Technology and the
Journal of Technology Transfer present
a Federal Impact Assessment (FIA)
Challenge for researchers to develop
impact studies of Federal technology
transfer activities.
The FIA Challenge calls on
researchers to perform original
retrospective studies that assess the
impact of federally developed
technologies that (1) have been
developed completely or in part by
Federal researchers working at any
Federal agency at any time over the past
30 years, and (2) have been transferred
to an entity other than the agency which
developed the technology.
DATES:
Submission Period: September 27,
2016–March 31, 2017.
Announcement of Winners: April 28,
2017.
The Submission Period begins
September 27, 2016, at 9:00 a.m. Eastern
Time (ET) and ends March 31, 2017, at
5:00 p.m. ET. Prize competition dates
are subject to change at the discretion of
NIST. Entries submitted before or after
the Submission Period will not be
reviewed or considered for award.
FOR FURTHER INFORMATION CONTACT:
Changes or updates to the prize
competition rules will be posted and
can be viewed at the Event Web site,
https://www.challenge.gov/challenge/
federal-impact-assessment-challenge.
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SUMMARY:
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Questions about the prize competition
can be directed to NIST via the Event
Web site, https://www.challenge.gov/
challenge/federal-impact-assessmentchallenge or by email to Michael Walsh
at michael.walsh@nist.gov, phone 301–
975–5455.
Results of the prize competition will
be announced on the Event Web site,
https://www.challenge.gov/challenge/
federal-impact-assessment-challenge
and on the NIST Web site,
www.nist.gov.
SUPPLEMENTARY INFORMATION:
FIA Challenge Sponsors
The National Institute of Standards
and Technology (NIST; www.nist.gov) is
a non-regulatory Federal agency within
the United States Department of
Commerce. Founded in 1901, NIST’s
mission is to promote U.S. innovation
and industrial competitiveness by
advancing measurement science,
standards, and technology in ways that
enhance economic security and improve
our quality of life. NIST’s Technology
Partnerships Office (TPO) is part of
NIST’s Innovation and Industry Services
directorate that is responsible for the
NIST suite of partnership programs.
TPO works with regional, state and local
economic development organizations,
technology incubation centers, publicprivate business development
initiatives, and other organizations and
partnerships, to facilitate the transfer of
technologies developed within NIST
laboratories to the private and nonprofit
sectors through licensing and/or
collaboration. NIST scientists conduct
measurement science research, create
technologies and make discoveries in
nearly every scientific and technological
field.
The Journal of Technology Transfer
(https://link.springer.com/journal/
10961), the official journal of the
Technology Transfer Society, provides
an international forum for the exchange
of ideas that enhance and build an
understanding of the practice of
technology transfer. In particular, it
emphasizes research on management
practices and strategies for technology
transfer. Moreover, the journal explores
the external environment that affects
these practices and strategies, including
public policy developments, regulatory
and legal issues, and global trends.
Eligibility Rules for Participating in the
FIA Challenge
At the time of Entry, participants
must meet the following Eligibility
Rules:
The FIA Challenge is open to all
individuals over the age of 18 that are
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residents of the 50 United States, the
District of Columbia, Puerto Rico, the
U.S. Virgin Islands, Guam, the
Commonwealth of the Northern Mariana
Islands, and American Samoa, and to
for-profit or non-profit corporations,
institutions, or other validly formed
legal entities organized or incorporated
in, and which maintain a primary place
of business in, any of the preceding
jurisdictions. An individual, whether
participating singly or with a group,
must be a citizen or permanent resident
of the United States.
Federal employees are not eligible to
participate. Any individuals or legal
entities that have received Federal funds
for the development of any part of a
submission are ineligible. Any other
individuals or legal entities involved
with the design, production, execution,
distribution or evaluation of the FIA
Challenge are also not eligible to
participate.
A Participant shall not be deemed
ineligible because the Participant
consulted with Federal employees or
used Federal facilities in preparing its
submission to the FIA Challenge if the
employees and facilities are made
available to all Participants on an
equitable basis. Note that while Federal
employees may provide information to
Participants, they are not obligated to
respond to information requests within
the time frame of this Challenge. The
task of gathering information for this
Challenge in a timely manner is the sole
responsibility of the Participant.
To be eligible to win a Cash Award,
a Participant (whether an individual or
legal entity) must have registered to
participate and must have complied
with all requirements under section
3719 of title 15, United States Code
(‘‘Prize competitions’’).
Multiple entries are permitted. Each
entry will be reviewed independently.
Multiple individuals and/or legal
entities may collaborate as a group to
submit a single entry, in which case all
members of the group must satisfy the
eligibility requirements, and a single
individual from the group must be
designated as an official representative
for each entry. That designated
individual will be responsible for
meeting all entry and evaluation
requirements. Participation is subject to
all U.S. federal, state and local laws and
regulations. Individuals entering on
behalf of or representing a company,
institution or other legal entity are
responsible for confirming that their
entry does not violate any policies of
that company, institution or legal entity.
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Entry Process for Participants
To enter, visit the Event Web site,
https://www.challenge.gov/challenge/
federal-impact-assessment-challenge.
Submit a Federal Impact Assessment
(hereafter, ‘‘Paper’’) that meets the
selection criteria described below.
The FIA Challenge calls on
Participants to write an original Paper
describing a retrospective assessment of
the economic and/or societal impacts
resulting from the transfer of a Federal
technology developed completely or in
part by Federal researchers working at
any Federal agency at any time over the
past 30 years.
For this FIA Challenge, ‘‘Federal
technologies’’ are those techniques,
machines, articles of manufacture,
compositions of matter, methods,
processes, tools, or works of authorship,
whether or not patentable or
copyrightable, that were invented or
developed in whole or in part by one or
more Federal employees during the
course of their employment duties.
Transfer of a Federal technology
(technology transfer) is the use of that
technology by an entity outside of the
agency where the Federal employee(s)
was assigned. There are many different
means by which the Federal government
seeks to transfer technologies.
Technologies can be transferred through
formal agreements (e.g., licenses, or
Cooperative Research and Development
Agreements) or through informal
exchanges (e.g., publications,
conference presentations or informal
collaborations).
Eligible technologies must meet two
criteria, namely (1) the technology must
have been developed in whole or in part
by a Federal employee(s) during the
course of his or her employment duties
at any time over the past 30 years, and
(2) the technology must have been
transferred outside the Federal agency
in a manner that can be traced back to
that Federal agency. Technologies that
have been developed entirely outside of
a Federal agency or that have been
developed entirely by non-Federal
employees (even though with federal
funding) are not eligible. Technologies
that have not been transferred by a
Federal agency are also not eligible.
Information about federally transferred
technologies and technology transfer
success stories can be found on the
Federal Laboratories Consortium (FLC)
Web site at www.federallabs.org. For a
list of Federal agencies that prepare
annual technology transfer reports, see
https://nist.gov/tpo/publications/agencytechnology-transfer-reports.cfm.
For the FIA Challenge, it is
envisioned that impacts of a given
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Federal technology(ies) are determined
by an assessment of repercussions that
have accrued to those who have either
utilized Federal technologies in research
or development activities, and/or
consumed goods or services enabled by
Federal technologies. The objective of
the FIA Challenge is to develop metrics
that measure economic and societal
impacts. These metrics will then be
available to stakeholders and policy
makers to evaluate the net impact of
federally developed technologies (i.e.,
impact less development costs).1
Impacts may be assessed at the local,
regional, national, or global levels using
economic data or other societal data
(e.g., measures of health, safety, or
security). A variety of assessment
methodologies could be used by
Participants in this Challenge. Examples
of commonly used approaches can be
found in the citations provided by NIST
online at https://nist.gov/tpo/
publications/other-economic-impactrelated-studies.cfm.
Papers submitted to this challenge
that have previously been published or
that have been prepared using Federal
funds are not eligible (e.g., Federal
agency reports, reports prepared by
Federally Funded Research and
Development Centers, or reports
prepared by funded intermediaries on
behalf of Federal agencies.)
A complete Entry includes your Paper
(including any figures, tables, and
references), the email address of the
Participant who is officially
representing the Entry, and
confirmation that you have read and
agree to the Competition Rules
contained in this Notice. Participants
may provide submissions beginning at
9:00 a.m. ET on September 27, 2016, to
the Event Web site. Submissions can be
made no later than 5:00 p.m. ET on
March 31, 2017, to the Event Web site.
Submissions before the start date and
time, or after the end date and time, will
not be evaluated or considered for
award. Entries sent to NIST in any
manner other than through the Event
Web site will not be evaluated or
considered for award. Entries that do
not comply with the formatting
requirements set forth in this Notice
will not be evaluated or considered for
award.
Entries must be complete, must
contain no confidential information and
must be in English.
In general, each Entry:
(a) must affirmatively represent that
the Participant (and each Participant if
1 Note that the assessment of an agency’s
development cost for a given technology is not part
of the FIA Challenge.
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more than one) has read and consents to
be governed by the Competition rules
and meets the eligibility requirements;
(b) must include an original Paper not
prepared using Federal funds.
Specifically, the Paper must:
1. Include the Participant(s) and the
email address of the Participant who is
officially representing the Entry.
2. include text, figures, tables and
references that describes a retrospective
impact assessment of a federally
developed technology(ies),
3. be an original work not previously
published in any media (i.e., including
but not limited to printed or otherwise
reproduced text/graphics for sale or
distribution to the public),
4. be a single file submitted in .doc,
.docx, or .pdf format with text, figures,
tables, and references contained within
the Paper. There is no page limit,
5. provide an assessment of the
economic and/or societal impacts of a
technology or technologies that have
been developed completely or in part by
Federal researchers working at any
Federal agency at any time over the past
30 years, and must have been
transferred from a Federal agency,
6. provide a complete description of
the impact methodology, including a
description of the metrics used for the
impact assessment. Citations of Federal
technologies must be provided, for
example by listing patent numbers, as
well as citations of the transfer of the
technologies to the private sector, for
example by listing products and
companies using licensed Federal
technologies,
7. meet the Evaluation Criteria
described below in the Evaluation,
Judging, and Selection of Winner(s)
sections, and
8. include original figures, tables, and
text passages or, if any of these have
been published elsewhere, Participants
must have obtained written permission,
at Participants’ sole expense, from the
copyright owner(s) for both the
irrevocable use and distribution by
NIST of the figure, tables, or text
passages, in both print and online
formats and evidence that such
permission has been granted must be
provided in the Paper. Any material
received without such evidence will be
assumed to originate from the authors;
(c) must include in a separate section
on the title page of the Paper, an
acknowledgement of any individuals,
grants, funds, or other entities that
provided support for the Paper.
Participants must disclose all
relationships or interests that could
have direct or potential influence or
impart bias on the work.
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FIA Challenge Award(s)
The Prize Purse for the FIA Challenge
is a total of $20,000. The Prize Purse
may increase, but will not decrease. Any
increases in the Prize Purse will be
posted on the Event Web site and
published in the Federal Register. The
Prize Purse will be used to fund one or
more awards.
NIST will announce via the Event
Web site any Entry(ies) as to which the
Judges have made a cash award (each,
an ‘‘Award’’). The anticipated number
and amount of the Awards that will be
awarded for this Competition is set forth
in this Federal Register Notice;
however, the Judges are not obligated to
make all or any Awards, and reserve the
right to award fewer than the
anticipated number of Awards in the
event an insufficient number of eligible
Entries meet any one or more of the
Judging Criteria for this Competition,
based on the Judges’ evaluation of the
quality of Entries and in their sole
discretion. Awards will be made based
on the Judges’ evaluation of an Entry’s
compliance with the Judging Criteria for
this Competition. All potential winners
will be notified by the email address
provided in the submission document
and may be required to complete further
documentation confirming their
eligibility. Return of any notification as
‘‘undeliverable’’ will result in
disqualification. After verification of
eligibility, Awards will be distributed in
the form of a check or electronic funds
transfer addressed to the official
representative specified in the winning
Entry. That official representative will
have sole responsibility for further
distribution of any Award among
Participants in a group Entry or within
a company or institution that has
submitted an Entry through that
representative. Each list of Entries
receiving Awards for the Competition
will be made public according to the
timeline outlined on the Event Web site.
Winners are responsible for all taxes
and reporting related to any Award
received as part of the Competition.
All costs incurred in the preparation
of Competition Entries are to be borne
by Participants.
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Evaluation, Judging, and Selection of
Winner(s)
Submission Evaluation Criteria
This section discusses how
Participant submissions will be
evaluated.
Entry Submission and Review
The requirements for submission of a
complete Entry are detailed in the
section ‘‘Entry Process for Participants.’’
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Each Paper will be reviewed by up to
three subject matter experts. Each
subject matter expert will assess how
well the Paper addressed each of the
following evaluation criteria. For each
criterion, subject matter experts will
assign a numerical score and will
provide a brief (50 to 100 word)
assessment of how well that criterion
was met.
Evaluation Criteria
1. Description of the technology. (20
points)
Papers must include a description of
the technology being analyzed. In
addition to describing the function and
purpose of the technology, the
description must also identify where
and when the technology was
developed, when the technology was
transferred, and how the technology was
transferred. Papers will be evaluated
based on the presentation of a clear and
adequate description of the technology
being assessed.
2. Description of the demand
environment. (30 points)
Papers must include a description of
the demand environment. The demand
environment is the environment in
which the technology is utilized after it
has been transferred from the agency.
Papers should describe the types and
number of individuals and/or
organizations that utilize the
technology. This should include
researchers, consumers, and companies
that make up the markets and industries
affected. Papers will be evaluated based
on the presentation of a clear and
adequate description of the demand
environment.
3. Description of methodologies used
to gather and assess impact data. (20
points)
Papers must include a description of
how impact data was gathered and
assessed. This includes a description of
all data sources, techniques used to
clean, adjust or normalize data, and
statistical methods employed. Papers
will be evaluated based on the creativity
and appropriateness of the methodology
used to gather data and assess impacts.
4. Description of the economic and/or
societal impacts that resulted from the
technology transferred from the Federal
agency. (30 points)
Papers must describe the economic
and/or societal impact that resulted
from the utilization of the technology
once transferred from the agency. The
description must be based on the
evidence gathered and the statistical
method(s) used to assess impacts in the
demand environment. The description
must include clearly defined metrics
that allow for the benchmarking of
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impacts over time. Papers will be
evaluated based on the degree to which
reported impacts are presented in an
accurate, unbiased, comprehensive, and
convincing manner.
Up to 15 Papers will be selected for
evaluation by the Judges. Selected
papers will be the lesser of either (1) all
papers with an average subject matter
expert score of 70 or higher, or (2) the
top 15 papers with the highest average
subject matter expert scores.
A panel of three judges will then be
convened to rank the selected Papers.
Judges will review each of the
selected Papers and the corresponding
reviews provided by subject matter
experts. Judges will deliberate and then
rank them using the following equally
weighted Judging Criteria.
• Novelty of the Approach—The
extent to which each Paper describes a
new, creative, or innovative approach to
capturing the impact of a Federally
funded technology(ies).
• Scope of the Assessment—The
extent to which each Paper addresses
the scope of impact from the transfer of
a Federally funded technology.
• Quality of the Paper—The extent to
which each Paper present a highquality, well-reasoned and compelling
argument for capturing the impact of a
federal funded technology(ies).
Participant(s) who submitted a Paper
that is among the top four Papers ranked
by the Judges will receive $5,000 and an
invitation to have the Paper considered
for publication in a special issue of
The Journal of Technology Transfer
(‘‘Journal’’), or another issue as
determined by the Journal’s editorial
board. Participants accepting this
invitation who submit their Paper to the
Journal must comply with the Journal’s
‘‘Instructions for Authors.’’ (See: https://
www.springer.com/business+%26
+management/journal/10961)
Papers submitted will be peerreviewed using the processes of the
Journal, and acceptance for publication
is wholly within the Journal’s
discretion, and is not guaranteed.
Subject Matter Experts and Judging
Panel
Subject Matter Experts, to be selected
by NIST, will, as a body, represent a
high degree of experience with impact
assessment and federally funded
technologies. Subject Matter Experts
will consist of Federal employees and
will be subject matter experts in the
technology field. Subject Matter Experts
will not select winners of any awards.
The NIST Director will appoint a
panel of highly qualified Judges. The
Judging Panel will consist of three
individuals who are experts in the field
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of assessing economic or societal
impacts. Judges will deliberate and rank
proposals according to the Judging
Criteria described above. The top four
proposals ranked by the Judges will be
selected to receive an Award. Judges
may not have personal or financial
interests in, or be an employee, officer,
director, or agent of, any entity that is
a registered Participant in this
Competition and may not have a
familial or financial relationship with
an individual who is a registered
Participant. In the event of such a
conflict, a Judge must recuse himself or
herself. Should this occur a new Judge
may be appointed to the panel.
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Intellectual Property Rights
Other than as set forth herein, NIST
does not make any claim to ownership
of your Entry or any of your intellectual
property or third party intellectual
property that it may contain. By
participating in the Competition, you
are not granting any rights in any
patents or pending patent applications
related to your Entry; provided that by
submitting an Entry, you are granting
NIST certain limited rights as set forth
herein.
By submitting an Entry, you grant to
NIST the right to review your Entry as
described above in the section ‘‘Entry
Submission and Review,’’ to describe
your Entry in connection with any
materials created in connection with the
Competition and to have the Subject
Matter Experts, Judges, Competition
administrators, and the designees of any
of them, review your Entry.
By submitting an Entry, you grant a
non-exclusive, irrevocable, paid up right
and license to NIST to use your name,
likeness, biographical information,
image, any other personal data
submitted with your Entry and the
contents in your Entry, in connection
with the Federal Impact Assessment
Challenge for any purpose, including
promotion and advertisement of the
Challenge and future challenges.
You agree that nothing in this Notice
grants you a right or license to use any
names or logos of NIST or the
Department of Commerce, or any other
intellectual property or proprietary
rights of NIST or the Department of
Commerce or their employees or
contractors. You grant to NIST the right
to include your name and your
company or institution name and logo
(if your Entry is from a company or
institution) as a Participant on the Event
Web site and in materials from NIST
announcing winners of or Participants
in the Competition. Other than these
uses or as otherwise set forth herein,
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you are not granting NIST any rights to
your trademarks.
If your Entry is selected as a Winner,
you will be invited to submit your Paper
for publication in the Journal of
Technology Transfer. If you opt to
submit your Paper to the Journal, you
will enter into an agreement with the
Journal and nothing in this Notice alters
the peer review, publication, and other
processes practiced by the Journal.
Entries containing any matter which,
in the sole discretion of NIST, is
indecent, defamatory, in obvious bad
taste, which demonstrates a lack of
respect for public morals or conduct,
which promotes discrimination in any
form, which shows unlawful acts being
performed, which is slanderous or
libelous, or which adversely affects the
reputation of NIST, will not be
accepted. If NIST, in its sole discretion,
finds any Entry to be unacceptable, then
such Entry shall be deemed disqualified
and will not be evaluated or considered
for award. NIST shall have the right to
remove any content from the Event Web
site in its sole discretion at any time and
for any reason, including, but not
limited to, any online comment or
posting related to the Competition.
Confidential Information
By making a submission to the FIA
Challenge, you agree that no part of your
submission includes any confidential or
proprietary information, ideas or
products, including but not limited to
information, ideas or products within
the scope of the Trade Secrets Act, 18
U.S.C. 1905. Because NIST will not
receive or hold any submitted materials
‘‘in confidence,’’ it is agreed that, with
respect to your Entry, no confidential or
fiduciary relationship or obligation of
secrecy is established between NIST and
you, your Entry team, the company or
institution you represent when
submitting an Entry, or any other person
or entity associated with any part of
your Entry.
Warranties
By submitting an Entry, you represent
and warrant that all information you
submit is true and complete to the best
of your knowledge, that you have the
right and authority to submit the Entry
on your own behalf or on behalf of the
persons and entities that you specify
within the Entry, and that your Entry
(both the information and software
submitted in the Entry and the
underlying technologies or concepts
described in the Entry):
(a) Is your own original work, or is
submitted by permission with full and
proper credit given within your Entry;
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(b) does not contain confidential
information or trade secrets (yours or
anyone else’s);
(c) does not knowingly, after due
inquiry (including, by way of example
only and without limitation, reviewing
the records of the United States Patent
and Trademark Office and inquiring of
any employees and other professionals
retained with respect to such matters),
violate or infringe upon the patent
rights, industrial design rights,
copyrights, trademarks, rights in
technical data, rights of privacy,
publicity or other intellectual property
or other rights of any person or entity;
(d) does not contain malicious code,
such as viruses, malware, timebombs,
cancelbots, worms, Trojan horses or
other potentially harmful programs or
other material or information;
(e) does not and will not violate any
applicable law, statute, ordinance, rule
or regulation, including, without
limitation, United States export laws
and regulations, including, but not
limited to, the International Traffic in
Arms Regulations and the Department
of Commerce Export Regulations; and
(f) does not trigger any reporting or
royalty or other obligation to any third
party; and
(g) does not contain any statement
that is abusive, defamatory, libelous,
obscene, fraudulent, or is in any other
way unlawful or in violation of
applicable laws.
Limitation of Liability
By participating in the FIA Challenge,
you agree to assume any and all risks
and to release, indemnify and hold
harmless NIST and the Journal of
Technology Transfer from and against
any injuries, losses, damages, claims,
actions and any liability of any kind
(including attorneys’ fees) resulting
from or arising out of your participation
in, association with or submission to the
FIA Challenge (including any claims
alleging that your Entry infringes,
misappropriates or violates any third
party’s intellectual property rights). In
addition, you agree to waive claims
against the Federal Government and its
related entities, except in the case of
willful misconduct, for any injury,
death, damage, or loss of property,
revenue, or profits, whether direct,
indirect, or consequential, arising from
your participation in the FIA Challenge,
whether the injury, death, damage, or
loss arises through negligence or
otherwise.
NIST is not responsible for any
miscommunications such as technical
failures related to computer, telephone,
cable, and unavailable network or server
connections, related technical failures,
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or other failures related to hardware,
software or virus, or incomplete or late
Entries. Any compromise to the fair and
proper conduct of the FIA Challenge
may result in the disqualification of an
Entry or Participant, termination of the
FIA Challenge, or other remedial action,
at the sole discretion of NIST. NIST
reserves the right in its sole discretion
to extend or modify the dates of the FIA
Challenge, and to change the terms set
forth herein governing any phases
taking place after the effective date of
any such change. By entering, you agree
to the terms set forth herein and to all
decisions of NIST and/or all of their
respective agents, which are final and
binding in all respects.
NIST is not responsible for: (1) Any
incorrect or inaccurate information,
whether caused by a Participant,
printing errors, or by any of the
equipment or programming associated
with or used in the FIA Challenge; (2)
unauthorized human intervention in
any part of the Entry Process for the FIA
Challenge; (3) technical or human error
that may occur in the administration of
the FIA Challenge or the processing of
Entries; or (4) any injury or damage to
persons or property that may be caused,
directly or indirectly, in whole or in
part, from a Participant’s participation
in the FIA Challenge or receipt or use
or misuse of an Award. If for any reason
an Entry is confirmed to have been
deleted erroneously, lost, or otherwise
destroyed or corrupted, the Participant’s
sole remedy is to submit another Entry
in the FIA Challenge.
Termination and Disqualification
NIST reserves the authority to cancel,
suspend, and/or modify the FIA
Challenge, or any part of it, if any fraud,
technical failures, or any other factor
beyond NIST’s reasonable control
impairs the integrity or proper
functioning of the FIA Challenge, as
determined by NIST in its sole
discretion.
NIST reserves the right to disqualify
any Participant or Participant team it
believes to be tampering with the Entry
process or the operation of the FIA
Challenge or to be acting in violation of
any applicable rule or condition.
Any attempt by any person to
undermine the legitimate operation of
the FIA Challenge may be a violation of
criminal and civil law, and, should such
an attempt be made, NIST reserves the
authority to seek damages from any
such person to the fullest extent
permitted by law.
Verification of Potential Winner(s)
All potential winners are subject to
verification by NIST, whose decisions
VerDate Sep<11>2014
17:08 Sep 26, 2016
Jkt 238001
are final and binding in all matters
related to the FIA Challenge.
Potential winner(s) must continue to
comply with all terms and conditions of
the FIA Challenge Rules described in
this notice, and winning is contingent
upon fulfilling all requirements. In the
event that a potential winner, or an
announced winner, is found to be
ineligible or is disqualified for any
reason, NIST may make an award,
instead, to another Participant.
Privacy and Disclosure Under FOIA
Except as provided herein,
information submitted throughout the
FIA Challenge will be used only to
communicate with Participants
regarding Entries and/or the FIA
Challenge. Participant Entries and
submissions to the FIA Challenge may
be subject to disclosure under the
Freedom of Information Act (‘‘FOIA’’).
Authority: 15 U.S.C. 3719.
Phillip Singerman,
Associate Director for Innovations and
Industry Services.
[FR Doc. 2016–23239 Filed 9–26–16; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[0648–XE710]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Space Vehicle Launch
Operations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice; receipt of application for
letters of authorization; request for
comments and information.
ACTION:
NMFS has received a request
from the Alaska Aerospace Corporation
(AAC) for authorization to take marine
mammals incidental to conducting
space vehicle launch operations over
the course of five years, from February
1, 2017 through January 31, 2022.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of the AAC’s request for the
development and implementation of
regulations governing the incidental
taking of marine mammals and inviting
information, suggestions, and comments
on the AAC’s application and request.
SUMMARY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Comments and information must
be received no later than October 27,
2016.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. 1315 East-West
Highway, Silver Spring, MD 20910–
3225 and electronic comments should
be sent ITP.Egger@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments sent via email,
including all attachments, must not
exceed a 25-megabyte file size.
Attachments to electronic comments
will be accepted in Microsoft Word or
Excel or Adobe PDF file formats only.
All comments received are a part of the
public record and will generally be
posted to https://www.nmfs.noaa.gov/pr/
permits/research.htm without change.
All personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Stephanie Egger, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
DATES:
Availability
An electronic copy of the AAC’s
application may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/research.htm. In case of
problems accessing the document,
please call the contact listed above.
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
of Commerce to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing),
if certain findings are made and
regulations are issued.
Incidental taking shall be allowed if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s) affected and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses, and if the
permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such taking are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
E:\FR\FM\27SEN1.SGM
27SEN1
Agencies
[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66260-66264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23239]
[[Page 66260]]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket Number: 160914846-6846-01]
Announcement of Requirements and Registration for National
Institute of Standards and Technology Prize Competition--Federal Impact
Assessment Challenge
AGENCY: National Institute of Standards and Technology, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In 2011, President Obama issued a Presidential Memorandum--
Accelerating Technology Transfer and Commercialization of Federal
Research in Support of High-Growth Businesses--which called on Federal
agencies to establish performance goals, metrics, evaluation methods,
and implementation plans to improve the effectiveness of Federal
technology transfer activities. The President's charge has stimulated
agency interest in studies that assess the impact of technologies
transferred from Federal laboratories.
In an effort to encourage research in this area, the National
Institute of Standards and Technology and the Journal of Technology
Transfer present a Federal Impact Assessment (FIA) Challenge for
researchers to develop impact studies of Federal technology transfer
activities.
The FIA Challenge calls on researchers to perform original
retrospective studies that assess the impact of federally developed
technologies that (1) have been developed completely or in part by
Federal researchers working at any Federal agency at any time over the
past 30 years, and (2) have been transferred to an entity other than
the agency which developed the technology.
DATES:
Submission Period: September 27, 2016-March 31, 2017.
Announcement of Winners: April 28, 2017.
The Submission Period begins September 27, 2016, at 9:00 a.m.
Eastern Time (ET) and ends March 31, 2017, at 5:00 p.m. ET. Prize
competition dates are subject to change at the discretion of NIST.
Entries submitted before or after the Submission Period will not be
reviewed or considered for award.
FOR FURTHER INFORMATION CONTACT: Changes or updates to the prize
competition rules will be posted and can be viewed at the Event Web
site, https://www.challenge.gov/challenge/federal-impact-assessment-challenge.
Questions about the prize competition can be directed to NIST via
the Event Web site, https://www.challenge.gov/challenge/federal-impact-assessment-challenge or by email to Michael Walsh at
michael.walsh@nist.gov, phone 301-975-5455.
Results of the prize competition will be announced on the Event Web
site, https://www.challenge.gov/challenge/federal-impact-assessment-challenge and on the NIST Web site, www.nist.gov.
SUPPLEMENTARY INFORMATION:
FIA Challenge Sponsors
The National Institute of Standards and Technology (NIST;
www.nist.gov) is a non-regulatory Federal agency within the United
States Department of Commerce. Founded in 1901, NIST's mission is to
promote U.S. innovation and industrial competitiveness by advancing
measurement science, standards, and technology in ways that enhance
economic security and improve our quality of life. NIST's Technology
Partnerships Office (TPO) is part of NIST's Innovation and Industry
Services directorate that is responsible for the NIST suite of
partnership programs. TPO works with regional, state and local economic
development organizations, technology incubation centers, public-
private business development initiatives, and other organizations and
partnerships, to facilitate the transfer of technologies developed
within NIST laboratories to the private and nonprofit sectors through
licensing and/or collaboration. NIST scientists conduct measurement
science research, create technologies and make discoveries in nearly
every scientific and technological field.
The Journal of Technology Transfer (https://link.springer.com/journal/10961), the official journal of the Technology Transfer
Society, provides an international forum for the exchange of ideas that
enhance and build an understanding of the practice of technology
transfer. In particular, it emphasizes research on management practices
and strategies for technology transfer. Moreover, the journal explores
the external environment that affects these practices and strategies,
including public policy developments, regulatory and legal issues, and
global trends.
Eligibility Rules for Participating in the FIA Challenge
At the time of Entry, participants must meet the following
Eligibility Rules:
The FIA Challenge is open to all individuals over the age of 18
that are residents of the 50 United States, the District of Columbia,
Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and American Samoa, and to for-profit or non-
profit corporations, institutions, or other validly formed legal
entities organized or incorporated in, and which maintain a primary
place of business in, any of the preceding jurisdictions. An
individual, whether participating singly or with a group, must be a
citizen or permanent resident of the United States.
Federal employees are not eligible to participate. Any individuals
or legal entities that have received Federal funds for the development
of any part of a submission are ineligible. Any other individuals or
legal entities involved with the design, production, execution,
distribution or evaluation of the FIA Challenge are also not eligible
to participate.
A Participant shall not be deemed ineligible because the
Participant consulted with Federal employees or used Federal facilities
in preparing its submission to the FIA Challenge if the employees and
facilities are made available to all Participants on an equitable
basis. Note that while Federal employees may provide information to
Participants, they are not obligated to respond to information requests
within the time frame of this Challenge. The task of gathering
information for this Challenge in a timely manner is the sole
responsibility of the Participant.
To be eligible to win a Cash Award, a Participant (whether an
individual or legal entity) must have registered to participate and
must have complied with all requirements under section 3719 of title
15, United States Code (``Prize competitions'').
Multiple entries are permitted. Each entry will be reviewed
independently. Multiple individuals and/or legal entities may
collaborate as a group to submit a single entry, in which case all
members of the group must satisfy the eligibility requirements, and a
single individual from the group must be designated as an official
representative for each entry. That designated individual will be
responsible for meeting all entry and evaluation requirements.
Participation is subject to all U.S. federal, state and local laws and
regulations. Individuals entering on behalf of or representing a
company, institution or other legal entity are responsible for
confirming that their entry does not violate any policies of that
company, institution or legal entity.
[[Page 66261]]
Entry Process for Participants
To enter, visit the Event Web site, https://www.challenge.gov/challenge/federal-impact-assessment-challenge. Submit a Federal Impact
Assessment (hereafter, ``Paper'') that meets the selection criteria
described below.
The FIA Challenge calls on Participants to write an original Paper
describing a retrospective assessment of the economic and/or societal
impacts resulting from the transfer of a Federal technology developed
completely or in part by Federal researchers working at any Federal
agency at any time over the past 30 years.
For this FIA Challenge, ``Federal technologies'' are those
techniques, machines, articles of manufacture, compositions of matter,
methods, processes, tools, or works of authorship, whether or not
patentable or copyrightable, that were invented or developed in whole
or in part by one or more Federal employees during the course of their
employment duties.
Transfer of a Federal technology (technology transfer) is the use
of that technology by an entity outside of the agency where the Federal
employee(s) was assigned. There are many different means by which the
Federal government seeks to transfer technologies. Technologies can be
transferred through formal agreements (e.g., licenses, or Cooperative
Research and Development Agreements) or through informal exchanges
(e.g., publications, conference presentations or informal
collaborations).
Eligible technologies must meet two criteria, namely (1) the
technology must have been developed in whole or in part by a Federal
employee(s) during the course of his or her employment duties at any
time over the past 30 years, and (2) the technology must have been
transferred outside the Federal agency in a manner that can be traced
back to that Federal agency. Technologies that have been developed
entirely outside of a Federal agency or that have been developed
entirely by non-Federal employees (even though with federal funding)
are not eligible. Technologies that have not been transferred by a
Federal agency are also not eligible. Information about federally
transferred technologies and technology transfer success stories can be
found on the Federal Laboratories Consortium (FLC) Web site at
www.federallabs.org. For a list of Federal agencies that prepare annual
technology transfer reports, see https://nist.gov/tpo/publications/agency-technology-transfer-reports.cfm.
For the FIA Challenge, it is envisioned that impacts of a given
Federal technology(ies) are determined by an assessment of
repercussions that have accrued to those who have either utilized
Federal technologies in research or development activities, and/or
consumed goods or services enabled by Federal technologies. The
objective of the FIA Challenge is to develop metrics that measure
economic and societal impacts. These metrics will then be available to
stakeholders and policy makers to evaluate the net impact of federally
developed technologies (i.e., impact less development costs).\1\
Impacts may be assessed at the local, regional, national, or global
levels using economic data or other societal data (e.g., measures of
health, safety, or security). A variety of assessment methodologies
could be used by Participants in this Challenge. Examples of commonly
used approaches can be found in the citations provided by NIST online
at https://nist.gov/tpo/publications/other-economic-impact-related-studies.cfm.
---------------------------------------------------------------------------
\1\ Note that the assessment of an agency's development cost for
a given technology is not part of the FIA Challenge.
---------------------------------------------------------------------------
Papers submitted to this challenge that have previously been
published or that have been prepared using Federal funds are not
eligible (e.g., Federal agency reports, reports prepared by Federally
Funded Research and Development Centers, or reports prepared by funded
intermediaries on behalf of Federal agencies.)
A complete Entry includes your Paper (including any figures,
tables, and references), the email address of the Participant who is
officially representing the Entry, and confirmation that you have read
and agree to the Competition Rules contained in this Notice.
Participants may provide submissions beginning at 9:00 a.m. ET on
September 27, 2016, to the Event Web site. Submissions can be made no
later than 5:00 p.m. ET on March 31, 2017, to the Event Web site.
Submissions before the start date and time, or after the end date
and time, will not be evaluated or considered for award. Entries sent
to NIST in any manner other than through the Event Web site will not be
evaluated or considered for award. Entries that do not comply with the
formatting requirements set forth in this Notice will not be evaluated
or considered for award.
Entries must be complete, must contain no confidential information
and must be in English.
In general, each Entry:
(a) must affirmatively represent that the Participant (and each
Participant if more than one) has read and consents to be governed by
the Competition rules and meets the eligibility requirements;
(b) must include an original Paper not prepared using Federal
funds. Specifically, the Paper must:
1. Include the Participant(s) and the email address of the
Participant who is officially representing the Entry.
2. include text, figures, tables and references that describes a
retrospective impact assessment of a federally developed
technology(ies),
3. be an original work not previously published in any media (i.e.,
including but not limited to printed or otherwise reproduced text/
graphics for sale or distribution to the public),
4. be a single file submitted in .doc, .docx, or .pdf format with
text, figures, tables, and references contained within the Paper. There
is no page limit,
5. provide an assessment of the economic and/or societal impacts of
a technology or technologies that have been developed completely or in
part by Federal researchers working at any Federal agency at any time
over the past 30 years, and must have been transferred from a Federal
agency,
6. provide a complete description of the impact methodology,
including a description of the metrics used for the impact assessment.
Citations of Federal technologies must be provided, for example by
listing patent numbers, as well as citations of the transfer of the
technologies to the private sector, for example by listing products and
companies using licensed Federal technologies,
7. meet the Evaluation Criteria described below in the Evaluation,
Judging, and Selection of Winner(s) sections, and
8. include original figures, tables, and text passages or, if any
of these have been published elsewhere, Participants must have obtained
written permission, at Participants' sole expense, from the copyright
owner(s) for both the irrevocable use and distribution by NIST of the
figure, tables, or text passages, in both print and online formats and
evidence that such permission has been granted must be provided in the
Paper. Any material received without such evidence will be assumed to
originate from the authors;
(c) must include in a separate section on the title page of the
Paper, an acknowledgement of any individuals, grants, funds, or other
entities that provided support for the Paper. Participants must
disclose all relationships or interests that could have direct or
potential influence or impart bias on the work.
[[Page 66262]]
FIA Challenge Award(s)
The Prize Purse for the FIA Challenge is a total of $20,000. The
Prize Purse may increase, but will not decrease. Any increases in the
Prize Purse will be posted on the Event Web site and published in the
Federal Register. The Prize Purse will be used to fund one or more
awards.
NIST will announce via the Event Web site any Entry(ies) as to
which the Judges have made a cash award (each, an ``Award''). The
anticipated number and amount of the Awards that will be awarded for
this Competition is set forth in this Federal Register Notice; however,
the Judges are not obligated to make all or any Awards, and reserve the
right to award fewer than the anticipated number of Awards in the event
an insufficient number of eligible Entries meet any one or more of the
Judging Criteria for this Competition, based on the Judges' evaluation
of the quality of Entries and in their sole discretion. Awards will be
made based on the Judges' evaluation of an Entry's compliance with the
Judging Criteria for this Competition. All potential winners will be
notified by the email address provided in the submission document and
may be required to complete further documentation confirming their
eligibility. Return of any notification as ``undeliverable'' will
result in disqualification. After verification of eligibility, Awards
will be distributed in the form of a check or electronic funds transfer
addressed to the official representative specified in the winning
Entry. That official representative will have sole responsibility for
further distribution of any Award among Participants in a group Entry
or within a company or institution that has submitted an Entry through
that representative. Each list of Entries receiving Awards for the
Competition will be made public according to the timeline outlined on
the Event Web site.
Winners are responsible for all taxes and reporting related to any
Award received as part of the Competition.
All costs incurred in the preparation of Competition Entries are to
be borne by Participants.
Evaluation, Judging, and Selection of Winner(s)
Submission Evaluation Criteria
This section discusses how Participant submissions will be
evaluated.
Entry Submission and Review
The requirements for submission of a complete Entry are detailed in
the section ``Entry Process for Participants.'' Each Paper will be
reviewed by up to three subject matter experts. Each subject matter
expert will assess how well the Paper addressed each of the following
evaluation criteria. For each criterion, subject matter experts will
assign a numerical score and will provide a brief (50 to 100 word)
assessment of how well that criterion was met.
Evaluation Criteria
1. Description of the technology. (20 points)
Papers must include a description of the technology being analyzed.
In addition to describing the function and purpose of the technology,
the description must also identify where and when the technology was
developed, when the technology was transferred, and how the technology
was transferred. Papers will be evaluated based on the presentation of
a clear and adequate description of the technology being assessed.
2. Description of the demand environment. (30 points)
Papers must include a description of the demand environment. The
demand environment is the environment in which the technology is
utilized after it has been transferred from the agency. Papers should
describe the types and number of individuals and/or organizations that
utilize the technology. This should include researchers, consumers, and
companies that make up the markets and industries affected. Papers will
be evaluated based on the presentation of a clear and adequate
description of the demand environment.
3. Description of methodologies used to gather and assess impact
data. (20 points)
Papers must include a description of how impact data was gathered
and assessed. This includes a description of all data sources,
techniques used to clean, adjust or normalize data, and statistical
methods employed. Papers will be evaluated based on the creativity and
appropriateness of the methodology used to gather data and assess
impacts.
4. Description of the economic and/or societal impacts that
resulted from the technology transferred from the Federal agency. (30
points)
Papers must describe the economic and/or societal impact that
resulted from the utilization of the technology once transferred from
the agency. The description must be based on the evidence gathered and
the statistical method(s) used to assess impacts in the demand
environment. The description must include clearly defined metrics that
allow for the benchmarking of impacts over time. Papers will be
evaluated based on the degree to which reported impacts are presented
in an accurate, unbiased, comprehensive, and convincing manner.
Up to 15 Papers will be selected for evaluation by the Judges.
Selected papers will be the lesser of either (1) all papers with an
average subject matter expert score of 70 or higher, or (2) the top 15
papers with the highest average subject matter expert scores.
A panel of three judges will then be convened to rank the selected
Papers.
Judges will review each of the selected Papers and the
corresponding reviews provided by subject matter experts. Judges will
deliberate and then rank them using the following equally weighted
Judging Criteria.
Novelty of the Approach--The extent to which each Paper
describes a new, creative, or innovative approach to capturing the
impact of a Federally funded technology(ies).
Scope of the Assessment--The extent to which each Paper
addresses the scope of impact from the transfer of a Federally funded
technology.
Quality of the Paper--The extent to which each Paper
present a high-quality, well-reasoned and compelling argument for
capturing the impact of a federal funded technology(ies).
Participant(s) who submitted a Paper that is among the top four
Papers ranked by the Judges will receive $5,000 and an invitation to
have the Paper considered for publication in a special issue of
The Journal of Technology Transfer (``Journal''), or another issue
as determined by the Journal's editorial board. Participants accepting
this invitation who submit their Paper to the Journal must comply with
the Journal's ``Instructions for Authors.'' (See: https://www.springer.com/business+%26+management/journal/10961)
Papers submitted will be peer-reviewed using the processes of the
Journal, and acceptance for publication is wholly within the Journal's
discretion, and is not guaranteed.
Subject Matter Experts and Judging Panel
Subject Matter Experts, to be selected by NIST, will, as a body,
represent a high degree of experience with impact assessment and
federally funded technologies. Subject Matter Experts will consist of
Federal employees and will be subject matter experts in the technology
field. Subject Matter Experts will not select winners of any awards.
The NIST Director will appoint a panel of highly qualified Judges.
The Judging Panel will consist of three individuals who are experts in
the field
[[Page 66263]]
of assessing economic or societal impacts. Judges will deliberate and
rank proposals according to the Judging Criteria described above. The
top four proposals ranked by the Judges will be selected to receive an
Award. Judges may not have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is a
registered Participant in this Competition and may not have a familial
or financial relationship with an individual who is a registered
Participant. In the event of such a conflict, a Judge must recuse
himself or herself. Should this occur a new Judge may be appointed to
the panel.
Intellectual Property Rights
Other than as set forth herein, NIST does not make any claim to
ownership of your Entry or any of your intellectual property or third
party intellectual property that it may contain. By participating in
the Competition, you are not granting any rights in any patents or
pending patent applications related to your Entry; provided that by
submitting an Entry, you are granting NIST certain limited rights as
set forth herein.
By submitting an Entry, you grant to NIST the right to review your
Entry as described above in the section ``Entry Submission and
Review,'' to describe your Entry in connection with any materials
created in connection with the Competition and to have the Subject
Matter Experts, Judges, Competition administrators, and the designees
of any of them, review your Entry.
By submitting an Entry, you grant a non-exclusive, irrevocable,
paid up right and license to NIST to use your name, likeness,
biographical information, image, any other personal data submitted with
your Entry and the contents in your Entry, in connection with the
Federal Impact Assessment Challenge for any purpose, including
promotion and advertisement of the Challenge and future challenges.
You agree that nothing in this Notice grants you a right or license
to use any names or logos of NIST or the Department of Commerce, or any
other intellectual property or proprietary rights of NIST or the
Department of Commerce or their employees or contractors. You grant to
NIST the right to include your name and your company or institution
name and logo (if your Entry is from a company or institution) as a
Participant on the Event Web site and in materials from NIST announcing
winners of or Participants in the Competition. Other than these uses or
as otherwise set forth herein, you are not granting NIST any rights to
your trademarks.
If your Entry is selected as a Winner, you will be invited to
submit your Paper for publication in the Journal of Technology
Transfer. If you opt to submit your Paper to the Journal, you will
enter into an agreement with the Journal and nothing in this Notice
alters the peer review, publication, and other processes practiced by
the Journal.
Entries containing any matter which, in the sole discretion of
NIST, is indecent, defamatory, in obvious bad taste, which demonstrates
a lack of respect for public morals or conduct, which promotes
discrimination in any form, which shows unlawful acts being performed,
which is slanderous or libelous, or which adversely affects the
reputation of NIST, will not be accepted. If NIST, in its sole
discretion, finds any Entry to be unacceptable, then such Entry shall
be deemed disqualified and will not be evaluated or considered for
award. NIST shall have the right to remove any content from the Event
Web site in its sole discretion at any time and for any reason,
including, but not limited to, any online comment or posting related to
the Competition.
Confidential Information
By making a submission to the FIA Challenge, you agree that no part
of your submission includes any confidential or proprietary
information, ideas or products, including but not limited to
information, ideas or products within the scope of the Trade Secrets
Act, 18 U.S.C. 1905. Because NIST will not receive or hold any
submitted materials ``in confidence,'' it is agreed that, with respect
to your Entry, no confidential or fiduciary relationship or obligation
of secrecy is established between NIST and you, your Entry team, the
company or institution you represent when submitting an Entry, or any
other person or entity associated with any part of your Entry.
Warranties
By submitting an Entry, you represent and warrant that all
information you submit is true and complete to the best of your
knowledge, that you have the right and authority to submit the Entry on
your own behalf or on behalf of the persons and entities that you
specify within the Entry, and that your Entry (both the information and
software submitted in the Entry and the underlying technologies or
concepts described in the Entry):
(a) Is your own original work, or is submitted by permission with
full and proper credit given within your Entry;
(b) does not contain confidential information or trade secrets
(yours or anyone else's);
(c) does not knowingly, after due inquiry (including, by way of
example only and without limitation, reviewing the records of the
United States Patent and Trademark Office and inquiring of any
employees and other professionals retained with respect to such
matters), violate or infringe upon the patent rights, industrial design
rights, copyrights, trademarks, rights in technical data, rights of
privacy, publicity or other intellectual property or other rights of
any person or entity;
(d) does not contain malicious code, such as viruses, malware,
timebombs, cancelbots, worms, Trojan horses or other potentially
harmful programs or other material or information;
(e) does not and will not violate any applicable law, statute,
ordinance, rule or regulation, including, without limitation, United
States export laws and regulations, including, but not limited to, the
International Traffic in Arms Regulations and the Department of
Commerce Export Regulations; and
(f) does not trigger any reporting or royalty or other obligation
to any third party; and
(g) does not contain any statement that is abusive, defamatory,
libelous, obscene, fraudulent, or is in any other way unlawful or in
violation of applicable laws.
Limitation of Liability
By participating in the FIA Challenge, you agree to assume any and
all risks and to release, indemnify and hold harmless NIST and the
Journal of Technology Transfer from and against any injuries, losses,
damages, claims, actions and any liability of any kind (including
attorneys' fees) resulting from or arising out of your participation
in, association with or submission to the FIA Challenge (including any
claims alleging that your Entry infringes, misappropriates or violates
any third party's intellectual property rights). In addition, you agree
to waive claims against the Federal Government and its related
entities, except in the case of willful misconduct, for any injury,
death, damage, or loss of property, revenue, or profits, whether
direct, indirect, or consequential, arising from your participation in
the FIA Challenge, whether the injury, death, damage, or loss arises
through negligence or otherwise.
NIST is not responsible for any miscommunications such as technical
failures related to computer, telephone, cable, and unavailable network
or server connections, related technical failures,
[[Page 66264]]
or other failures related to hardware, software or virus, or incomplete
or late Entries. Any compromise to the fair and proper conduct of the
FIA Challenge may result in the disqualification of an Entry or
Participant, termination of the FIA Challenge, or other remedial
action, at the sole discretion of NIST. NIST reserves the right in its
sole discretion to extend or modify the dates of the FIA Challenge, and
to change the terms set forth herein governing any phases taking place
after the effective date of any such change. By entering, you agree to
the terms set forth herein and to all decisions of NIST and/or all of
their respective agents, which are final and binding in all respects.
NIST is not responsible for: (1) Any incorrect or inaccurate
information, whether caused by a Participant, printing errors, or by
any of the equipment or programming associated with or used in the FIA
Challenge; (2) unauthorized human intervention in any part of the Entry
Process for the FIA Challenge; (3) technical or human error that may
occur in the administration of the FIA Challenge or the processing of
Entries; or (4) any injury or damage to persons or property that may be
caused, directly or indirectly, in whole or in part, from a
Participant's participation in the FIA Challenge or receipt or use or
misuse of an Award. If for any reason an Entry is confirmed to have
been deleted erroneously, lost, or otherwise destroyed or corrupted,
the Participant's sole remedy is to submit another Entry in the FIA
Challenge.
Termination and Disqualification
NIST reserves the authority to cancel, suspend, and/or modify the
FIA Challenge, or any part of it, if any fraud, technical failures, or
any other factor beyond NIST's reasonable control impairs the integrity
or proper functioning of the FIA Challenge, as determined by NIST in
its sole discretion.
NIST reserves the right to disqualify any Participant or
Participant team it believes to be tampering with the Entry process or
the operation of the FIA Challenge or to be acting in violation of any
applicable rule or condition.
Any attempt by any person to undermine the legitimate operation of
the FIA Challenge may be a violation of criminal and civil law, and,
should such an attempt be made, NIST reserves the authority to seek
damages from any such person to the fullest extent permitted by law.
Verification of Potential Winner(s)
All potential winners are subject to verification by NIST, whose
decisions are final and binding in all matters related to the FIA
Challenge.
Potential winner(s) must continue to comply with all terms and
conditions of the FIA Challenge Rules described in this notice, and
winning is contingent upon fulfilling all requirements. In the event
that a potential winner, or an announced winner, is found to be
ineligible or is disqualified for any reason, NIST may make an award,
instead, to another Participant.
Privacy and Disclosure Under FOIA
Except as provided herein, information submitted throughout the FIA
Challenge will be used only to communicate with Participants regarding
Entries and/or the FIA Challenge. Participant Entries and submissions
to the FIA Challenge may be subject to disclosure under the Freedom of
Information Act (``FOIA'').
Authority: 15 U.S.C. 3719.
Phillip Singerman,
Associate Director for Innovations and Industry Services.
[FR Doc. 2016-23239 Filed 9-26-16; 8:45 am]
BILLING CODE 3510-13-P