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<br />(; (b) "Small business concem" means a small business as defined by Section 3 of the Small Business
<br />Act and Appendix B-(Section 106(c)) Determinations of Business Size.
<br />~ (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 />iu. "Native Americans', which includes persons xho are American Indians, Fskimos, Aleuts, or Native
<br />Hawaiians;
<br />iv. "Asian-Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan,
<br />Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territoties of Pacific,
<br />and the Northem Marianas;
<br />v. "Asian-Indian Americans", which includes persons whose origins are from India, Pakistan, and
<br />Bangladesh.
<br />Patents, Data and Copyright -
<br />en ra . If any invention, improvement, or discovery of the Recipient or any of its third
<br />party contractors is conceived or first actually reduced to practice in the course of or under the
<br />Project, and that invention, improvement, or discovery is patentable under the laws of the United
<br />States of America or any foreign country, the Recipient agrees to notify FTA immediately and
<br />provide a detailed report.
<br />Federal Rightc. 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 Government pertaining to that invention, impmvement, or discovery will be determined in
<br />accordance with applicable Federal laws, regulations, including any waiver thereof. Unless the
<br />Federal Govemment later makes a contrary determination in writing, the Recipient agrees that,
<br />irrespective of its status or the status of any subr~cipient or any third pazty contractor at any tier (i.e.,
<br />a large busmess, small business, state government or state instrumentality, local government, nonprofit
<br />organization, institution of higher edacation, individual, etc.), the Recipient agrees it will transmit to
<br />FTA those rights due the Federal Govemment in any invention resnlting from that third party
<br />contract descnbed in U.S. Department of Commerce Regulations, "Rights to Grants, Contracts and
<br />Cooperative Agreements." 37 C.F.R. Part 401.
<br />''ti . The term "subject data" used in tlus 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 softwaze, standards,
<br />spec~cations, engineering drawings 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 similaz information used for Project administrarion.
<br />Addendum, FTA Contract Requirements
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