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SteveD:

Here are the grant closeout requirements for Federal Highway Administration Grants. All City of Warwick employees fell under these rules when working with the grant in question which was initially for software. Unless an "Invention disclosure" was filed with Federal Highway, all associated inventions including the development of software during the time that the grant was open becomes property of the federal government. When the city or more likely the State Department of Transportation closed out the grant, one or the other had to make a claim on behalf of the fireman that the software was his and not the federal government's.

So, unless you can come up with the invention disclosure for the benefit of the fireman involved, you really can't make claims about who owns what. We are dealing with federal law here. It is not a simple matter of what seemed to be equitable at the time or now. It is about following the federal requirements and filling out the invention disclosure.

I think I know a whole lot about these kinds of things. I have gone through federal grant closeouts for the development of software.

Here is the requirement from the Federal Highway Administration website:

Authority: 49 U.S.C. 322(a).

Source: 53 FR 8086 and 8087, Mar. 11, 1988, unless otherwise noted.

A -- General

§18.1 Purpose and scope of this part.

This part establishes uniform administrative rules for Federal grants and cooperative agreements and subawards to State, local and Indian tribal governments.

Sec. 18.50 Closeout.

(a) General. The Federal agency will close out the award when it determines that all applicable administrative actions and all required work of the grant has been completed.

(b) Reports. Within 90 days after the expiration or termination of the grant, the grantee must submit all financial, performance, and other reports required as a condition of the grant. Upon request by the grantee, Federal agencies may extend this timeframe. These may include but are not limited to:

(1) Final performance or progress report.

(2) Financial Status Report (SF 269) or Outlay Report and Request for Reimbursement for Construction Programs (SF271) (as applicable).

(3) Final request for payment (SF270) (if applicable).

(4) Invention disclosure (if applicable).

(5) Federally-owned property report. In accordance with Sec. 18.32(f), a grantee must submit an inventory of all federally owned property (as distinct from property acquired with grant funds) for which it is accountable and request disposition instructions from the Federal agency of property no longer needed.

From: City’s 'catch and release' policy

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