A -- Acoustic Health Monitoring of Tank Cars

The purpose of this amendment is to cancel the subject solicitation in its entirety. We wish to provide the following information to all potential bidders: We have received requests for technical information and data developed under contracts for previous phases of this work. Following issuance of the solicitation, we determined that the subject requirement is a continuation of work begun under the Small Business Innovation Research (SBIR) program. 15 USC ? 638(j)(2)(A) provides for retention of rights and data generated in the performance a contract by a small business concern under the SIBR program. The contract under which the data was developed contained a Rights and Data clause which provides that "Rights in technical data, including software developed under any contract resulting from this solicitation, shall remain with the contractor except that the Government shall have the limited right to use such data for Government purposes and shall not release such data outside the Government without permission of the contractor for a period of four years from completion of the project from which the data were generated. . . ." In view of the aforementioned, the Federal Railroad Administration (FRA) is precluded from releasing the requested technical information and data without the permission of Physical Acoustics Corporation. Physical Acoustics has exercised its right to withhold the data developed under the SIBR program. It is now FRA's intention to forward the requirement to the John A.Volpe National Transportation Systems Center in Cambridge, MA, which handled the previous work under the SBIR program.