81 FR 66260 - Announcement of Requirements and Registration for National Institute of Standards and Technology Prize Competition-Federal Impact Assessment Challenge

DEPARTMENT OF COMMERCE
National Institute of Standards and Technology

Federal Register Volume 81, Issue 187 (September 27, 2016)

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.

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66260-66264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23239]



[[Page 66260]]

-----------------------------------------------------------------------

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 
[email protected], 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 (http://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 http://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 http://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: http://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