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with the concurrence of the Solicitor to meet perticular contract situations.
(b) Subcontracting. Unless otherwise directed by the Contracting Officer, the contractor shall follow the policy and procedures of $ 14R-9.202-1. 2. and 3 above, and shall employ the provisions of the Additional Technical Data Requirements clause of $ 14R9.202-3(c), and the Rights in Technical Data clause of $ 14R-9.202-3(e)(2) where appropriate, except in subcontracts for the design of special production plants or facilities or specially designed equipment for such facilities or plants in which instances contractors shall include the provision of the Rights in Technical Data clause of § 14R-9.202-4.
(c) Rights in technical data clauseFacility. (1) Whenever a contract has as a purpose the operation of a Gov. ernment-owned contractor-operated research or production facility, the clause set forth in paragraph (c)(2) of this section shall normally be included in the contract. Inasmuch as this clause secures to the Government ownership, access to, and, if requested, delivery of all technical data first produced in the performance of the con. tract and access to and delivery of technical data which are specifically used in the performance of the contract, there is no need to include the Additional Technical Data Requirements clause of § 14R-9.202-3(c).
(2) Rights in technical data clausefacility.
RIGHTS IN TECHNICAL DATA-FACILITY (a) Definitions. (1) “Technical Data" means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental, demonstration, or engineering work, or be usable or used to define a design or process or to procure, produce, support, maintain, or operate materiel. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents, or computer software (including computer programs, computer software data bases, and computer software documentation). Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identification, and related information.
Technical data as used herein does not mean financial reports, cost analyses, and other information incidental to contract administration.
(2) "Proprietary Data” means technical data which are trade secrets developed at private expense, such as may be included in design procedures or techniques, chemical composition of materials, or manufacturing methods, process, or treatments, including minor modifications thereof, provided that such data are protectable as trade secret and accordingly:
(i) Are not generally known or available from other sources without obligation concerning their confidentiality,
(ii) Have not been made available by the owner to others without obligation concerning their confidentiality, and
(iii) Are not already available to the Government without obligation concerning their confidentiality.
(3) "Unlimited Rights" means rights to use, duplicate, or disclose technical data, in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so.
(b) Allocation of rights. (1) The Government shall have:
(i) Ownership in all technical data first produced in the performance of the contract.
(ii) The right to inspect technical data first produced or specifically used in the performance of the contract at all reasonable times (for which inspection the proper facilities shall be afforded the Government by the Contractors and its subcontractors.
(iii) The right to have all technical data first produced or specifically used in the performance of the contract delivered to the Government or otherwise disposed of by the Contractor, either as the Contracing Of. ficer may from time to time direct during the progress of the work or in any event as the Contracing Officer shall direct upon completion or termination of this contract, provided that nothing contained in this paragraph shall require the Contractor to actually deliver any technical data the deliv. ery of which is excused by this Rights in Technical Data clause.
(iv) Unlimited rights in technical data specifically used in the performance of this contract except technical data pertaining to items of standard commercial design; the Contractor agrees to leave a copy of such technical data at the facility or plant to which such data relate, and to make availa. ble for access or to deliver to the Government such data upon request by the Contracting Officer; provided that if such data are proprietary, the rights of the Government in such data shall be governed solely by the provisions of paragraph (e) hereof"Limited Rights in Proprietary Data.'
(v) The right to remove, cancel, correct, or ignore any marking not authorized by the terms of this contract on any technical data furnished hereunder, if upon delivery of the data the propriety of such markings is not substantiated by the Contractor, in writing, to the satisfaction of the Contracting Officer. The Contractor will be notified of any such action contemplated under this subparagraph (b)(v), and which will be taken if the Contractor fails to respond thereto so as to substantiate the propriety of the markings within 60 days.
(2) The Contractor shall have:
(i) The right to withhold its proprietary data, subject to the provisions of this clause.
(ii) The right to use for its private purposes, subject to patent, security, or other provisions of this contract, technical data it first produces in the performance of this contract provided the data requirements of this contract have been met as of the date of the private use of such data. The Contractor agrees that to the extent it receives or is given access to proprietary data or other technical, business, or financial data in the form of recorded information from OWRT or an OWRT Contractor or subcontractor, the Contractor shall treat such data in accordance with any restrictive legend contained thereon, unless use is specifically authorized by prior written approval of the Contracting Officer.
(3) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any licenses or other rights otherwise granted to the Government under any patent.
(c) Copyrighted material. (1) The Contractor agrees not to, without prior written authorization of the Contracting Officer, establish a claim to statutory copyright in any technical data first produced in the performance of the contract, and warrants that anyone who authors such contract data will have agreed, in writing to the same. To the extent such authorization is granted, the Government reserves for itself and others acting on its behalf at least a nonexclusive, irrevocable, royalty-free, worldwide license for Governmental purposes to publish, dis tribute, translate, duplicate, exhibit, and perform any such data copyrighted by the Contractor.
(2) The Contractor agrees not to include in the technical data delivered under the contract any material copyrighted by the Contractor and not to knowingly include any material copyrighted by others without first granting or obtaining at no cost to the Government a license therein for the benefit of the Government of the same scope as set forth in paragraph (c)(1) above. If the Contractor believes that such copyrighted material for which the license cannot be ob tained must be included in the technical
data to be delivered, rather than merely incorporated therein by reference, the Contractor shall obtain the written authorization of the Contracting Officer to include such material in the technical data prior to its delivery.
(d) Subcontracting. (1) Unless otherwise directed by the Contracting Officer, the Contractor agrees to use in subcontracts having as a purpose the conduct of research, development, or demonstration or in subcontracts for supplies, the contract clause provisions in 41 CFR 14R-9.202-3(c) and 41 CFR 14R-9.202-3(e)(2) in accordance with the policy and procedures at 41 CFR 14R-9.202-1, 2, and 3.
(2) It is the responsibility of the Contractor to obtain from its subcontractors rights, on behalf of the Government, in technical data necessary to fulfill the Contractor's obligations to the Government with respect to such data. In the event of refusal by a subcontractor to accept a clause affording the Government such rights, the Contractor shall:
(i) Promptly submit written notice to the Contracting Officer setting forth reasons for the subcontractor refusal and other pertinent information which may expedite disposition of the matter; and
(ii) Not proceed with the subcontract without the written authorization of the Contracting Officer.
(d) Optional clause-limited rights in proprietary data. In contracts where it is determined that delivery of proprietary data is necessary with limited rights in the Government, the Rights in Technical Data clause of this section shall be supplemented by the additional paragraph (e) set forth below. Paragraph (e) provides that technical data may be specified in the contract as being excluded from the delivery requirement thereof. Alternatively, paragraph (e) may be limited or made applicable to only those classes of proprietary data determined as being necessary for delivery with limited rights. In addition, when furnishing proprietary data with the Limited Rights Legend, subparagraphs (a), (b), and (c) thereunder may be modified as follows. When proprietary data is to be furnished only for evaluation, subparagraph (a) of the Limited Rights Legend shall be used, and subparagraphs (b) and (c), if otherwise inapplicable, may be deleted. When there is a programmatic requirement that proprietary data be disclose proprietary data be disclosed to other OWRT contractors only for information or use in connection with work performed under their contracts, subparagraph (b) of the Limited Rights Legend shall be used, and subparagraphs (a) and (c) may be deleted, if otherwise inapplicable. In either of the foregoing examples, the contractor may, if he can show the possibility of a conflict of interest because of disclosure of such data to certain contractors, or evaluators exclude such contractors or evaluators from subparagraphs (a) or (b). If the data is required solely for emergency repair or overhaul, subparagraph (c) of the Limited Rights Legend shall be retained, and subparagraphs (a) and (b) may, unless otherwise applicable, be deleted. In the event it is determined that all of the subparagraphs (a), (b), and (c) of the Limited Rights Legend are to be deleted, the word "none" shall be inserted in the Legend after the colon (:).
(e) Limited rights in proprietary data. Except as may be otherwise specified in this contract as technical data which are not subject to this paragraph, the Contractor agrees to and does hereby grant to the Government a nonexclusive, irrevocable, paidup license and right to use by or for the Government any proprietary data of the Contractor specifically used in the performance of this contract; provided, however, that to the extent that any proprietary data when furnished or delivered is specifically identified by the Contractor at the time of initial delivery to the Government or a representative of the Government, such data shall not be used within or otherside the Government except as provided in the “Limited Rights Legend” set forth below. All such proprietary data shall be marked with the following “Limited Rights Legend:"
LIMITED RIGHTS LEGEND This “proprietary data,” furnished under Contract No.--- with the Office of Water Research and Technology, United States Department of the Interior (and Purchase
Order No. ---, if applicable), may be duplicated and used by the Government with the express limitations that the “propri. etary data" may not be disclosed outside the Government or be used for purposes of manufacture without prior permission of the Contractor, except that further disclosure or use may be made solely for the following purposes:
(a) This “proprietary data" may be disclosed for evaluation purposes under the restriction that the proprietary data be retained in confidence and not be further disclosed;
(b) This "proprietary data" may be disclosed to other Contractors participating in the Government's program of which this contract is a part for information or use in connection with the work performed under their contracts and under the restriction that the “proprietary data” be retained in confidence and not be further disclosed; or
(c) This “proprietary data" may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the “proprietary data" be retained in confidence and not be further disclosed.
These restrictions shall terminate three (3) years from the date of submittal stated in this notice.
This legend shall be marked on any reproduction of this data in whole or in part.
8 14R-9.202–5 Negotiations and deviations.
Contracting Officers shall contact the Solicitor for assistance to the Contracting Officer in selecting, negotiating, or approving appropriate data and copyright clauses in accordance with the procedures as set forth in 14R9.107-4(k). In particular, advice of the Solicitor should be obtained regarding the appropriateness of modification of paragraphs (g) and (h) of the Rights in Technical Data (long form) clause, the exclusion of specific items of proprietary data from paragraph (f) in said clause, and the exclusion of the additional Technical Data Requirements clause of g 14R-9.202-3(c).
Part 15-1 15-2 15-3 15-4 15-7 15-9 15-12 15-15 15-16 15-19 15-26 15-30 15-60
Sec. 15-1.000 Scope of part.
Subpart 15-1.0—Regulation System
15-1.001 Scope of subpart. 15-1.002 Purpose. 15-1.003 Authority. 15-1.004 Applicability. 15-1.006 Issuance. 15-1.006-1 Code arrangement. 15-1.006-2 Publication. 15-1.007 Arrangement. 15-1.007-1 General. 15-1.007-2 Numbering. 15-1.007-3 Citation. 15-1.008 Agency implementation. 15-1.009 Deviation. 15-1.009-1 Description. 15-1.009-2 Procedure.
Sec. 15-1.704-1 Small Business Advisor. 15-1.704-2 Small business specialists. 15-1.706-50 Procurement set-asides for
small business when an SBA representa
tive is not available. 15-1.706-50-1 General. 15-1.706-50-2 Review of set-aside recom
mendations initiated by small business
specialist. 15-1.706-50-3 Withdrawal or modification
of set-asides. 15-1.706-50-4 Small business set-aside for
proposed construction procurement. 15-1.708-2 Applicablity and procedure. 15-1.709-50 Records and reports.
Subpart 15-1.23—Environmental Protection
15-1.2302-3 Compliance responsibilities. 15-1.2302.5 Withholding award.
Subpart 15-1.2-Definition of Terms 15-1.206 Head of procuring activity. 15-1.250 Chief officer responsible for pro
curement at the Contracting activity.
Subpart 15-1.50—Closing Completed or
Terminated Contracts 15-1.5002 Policy. 15-1.5002-1 Closing review. 15-1.5002-2 Contract closing memoran
dum. 15-1.5002-3 Verification of costs. 15-1.5002-4 Termination.
Subpart 15-1.3—General Policies 15-1.313 Record of contract actions. 15-1.318 Disputes clause. 15-1.318-1 Contracting officer's decision
under a disputes clause. 15-1.350 Release of procurement informa
Subpart 15-1.53—Code of Conduct 15-1.5300 Code of conduct. 15-1.5301 Organizational conflicts of inter
Subpart 15-1.6—Debarred, Suspended, and
15-1.600 Scope of subpart. 15-1.602 Establishment, maintenance, and
distribution of a list of concerns or individuals debarred, suspended, or declared
ineligible. 15-1.602-1 Bases for entry on the debarred,
suspended, and ineligible list. 15-1.603 Treatment to be accorded firms
and individuals in debarred, suspended,
or ineligible status. 15-1.604 Causes and conditions applicable
to determination of debarment. 15-1.604-1 Procedural requirements relat
ing to the imposition of debarment. 15-1.605 Suspension of bidders. 15-1.605-1 Causes and conditions applica
ble to determination of suspension. 15-1.605-3 Notice of suspension. 15-1.605-4 Hearings. 15-1.606 Agency procedures.
15-1.5700 Scope of subpart. 15-1.5701 Definition of options. 15-1.5702 Applicability. 15-1.5703 Procedures. 15-1.5704 Exercise of options. 15-1.5705 Examples of option articles for
fixed price type contracts. 15-1.5706 Examples of option articles for
cost reimbursement contracts. AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended; 40 U.S.C. 486(c), unless otherwise noted.
8 15-1.000 Scope of part.
(a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations applicable to the civilian agencies of the Government. This part establishes a system of Environmental Protection Agency (EPA) regulations (EPPR) for the codification and publication of policies and procedures of EPA which
Subpart 15-1.7—Small Business Concerns 15-1.704 Agency program direction and op