The Code of Federal Regulations of the United States of America

(2) To make findings and determinations required for the negotiation of individual contracts under the following paragraphs of 41 U.S.C. 252(c):

(i) Paragraphs (2) through (10), inclusively;

(ii) Paragraph (14).

(3) To make class findings and determinations required for the negotiation of contracts under 41 U.S.C.

252(c)(10).

(4) Subject to availability of funds, to enter into negotiated contracts for the acquisition of property or services, and modifications of any kind to such contracts, which will not require the expenditure of more than $1 million either for an individual contract or for a contract modification.

(5) To appoint ordering officers under any contract who shall be empowered to place orders, request special responses or issue technical directions, within the agreed scope of any such contract.

(6) To make final decisions under the Disputes clause contained in any contract, and to terminate the contract, without regard to the total amount of funds in dispute.

(7) To make determinations required by 41 U.S.C. 254(b), as to the estimated cost of, and fees to be paid under, cost-plus-a-fixed-fee contracts.

(8) To make determinations required by 41 U.S.C. 254(b), that the use of a cost or a cost-plus-a-fixed-fee contract or an incentive-type-contract is likely to be less costly than other methods or that it is impracticable to secure property or services of the kind and quality required without the use of a cost or cost-plus-a-fixed-fee contract or an incentive-type contract.

(9) To make the determination under 41 U.S.C. 253(b), that it is in the public interest to reject all bids.

(10) The determination required by 41 U.S.C. 255(c) that the making of advance payments would be in the public interest.

(11) The determination required by § 1-3.807-3(b) of Chapter 1 of this title with respect to waiving a requirement for the submission of cost or pricing data and the certification thereof.

(12) To make interagency agreements, which will not require the expenditure of more than $1 million,

under the provisions of section 601 of the Economy Act of 1932, 31 U.S.C. 686, or any other enabling legislation, for the acquisition of property or services.

(13) To determine, as required by § 23-52.104-1(b), that a contractor may be permitted to obtain title to a subject discovery or invention under the Patent clause set forth in § 23-52.1042.

(b) The Executive Director is hereby delegated the authority to make grants (without limitation as to type and including grants in aid) under 22 U.S.C. 2571 or, where appropriate, under 42 U.S.C. 1891, which will not require the expenditure of more than $1 million.

(c) Pursuant to the provisions of § 112.805 of Chapter 1 of this title, the Executive Director is hereby appointed Deputy Contract Compliance Officer for purposes of Equal Opportunity in Employment.

§ 23-51.202 Chief of the Contracts Branch.

(a) To the Chief of the Contracts Branch is delegated the following authority:

(1) Subject to availability of funds, to enter into contracts or contract modifications which will not require the expenditure of more than $500,000 for the acquisition of property or services following formal advertising.

(2) To make findings and determinations required for the negotiation of individual contracts under the following paragraphs of 41 U.S.C. 252(c):

(i) Paragraphs (2) through (10), inclusively;

(ii) Paragraph (11), provided that the contract will not require the expenditure of more than $25,000;

(iii) Paragraph (14).

(3) To make class findings and determinations required for the negotiation of contracts under 41 U.S.C. 252(c)(10).

(4) Subject to availability of funds, to enter into negotiated contracts for the acquisition of property or services, and modifications of any kind to such contracts, which will not require the expenditure of more than $500,000 either for an individual contract or for a contract modification.

officers

(5) To appoint ordering under any contract who shall be empowered to place orders, request special responses, or issue technical directions, within the agreed scope of any such contract.

(6) To make final decisions under the Disputes clause contained in any contract, and to terminate the contract, without regard to the total amount of funds in dispute.

(7) To make determinations required by 41 U.S.C. 254(b) as to the estimated cost of, and fees to be paid under, costplus-a-fixed-fee contracts.

(8) To make determinations required by 41 U.S.C. 254(b) that the use of a cost or a cost-plus-a-fixed-fee contract or an incentive-type contract is likely to be less costly than other methods or that it is impracticable to secure property or services of the kind and quality required without the use of a cost or cost-plus-a-fixed-fee contract or an incentive-type contract.

(9) To make the determination under 41 U.S.C. 253(b) that it is in the public interest to reject all bids.

(10) The determination required by 41 U.S.C. 255(c) that the making of ad.ance payments would be in the public interest.

(11) The determination required by § 1-3.807-3(b) of Chapter 1 of this title with respect to waiving a requirement for the submission of cost or pricing data and the certification thereof.

(12) To make interagency agreements, which will not require the expenditure of more than $500,000, under the provisions of section 601 of the Economy Act of 1932, 31 U.S.C. 686, or under any other enabling legislation, for the acquisition of property or services.

(b) The Chief of the Contracts Branch is hereby delegated the authority to make grants (without limitation as to type including grants in aid) under 22 U.S.C. 2571 or, where appropriate, under 41 U.S.C. 1891, which will not require the expenditure of more than $500,000.

(c) Pursuant to the provisions of § 112.805 of Chapter 1 of this title, the Chief of the Contracts Branch is hereby appointed Assistant Contract Compliance Officer for purposes of Equal Opportunity in Employment.

§ 23-51.203 Contract Specialist.

(a) To the Contract Specialist is delegated the following authority:

(1) Subject to availability of funds, to enter into contracts or contract modifications which will not require the expenditure of more than $100,000 for the acquisition of property or services following formal advertising.

(2) To make findings and determinations required for the negotiation of individual contracts under the following paragraphs of 41 U.S.C. 252(c):

(i) Paragraphs (2) through (10), inclusively;

(ii) Paragraph (14).

(3) To make class findings and determinations required for the negotiation of contracts under 41 U.S.C.

252(c)(10).

(4) Subject to availability of funds, to enter into negotiated contracts for the acquisition of property or services, and modifications of any kind to such contracts, which will not require the expenditure of more than $100,000 either for an individual contract or for a contract modification.

(5) To appoint ordering officers under any contract who shall be empowered to place orders, request special responses, or issue technical directions, within the agreed scope of any such contract.

(6) To make final decisions under the Disputes clause contained in any contract, and to terminate the contract, without regard to the total amount of funds in dispute.

(7) To make determinations required by 41 U.S.C. 254(b) as to the estimated cost of, and fees to be paid under, costplus-a-fixed-fee contracts.

(9) To make the determination under 41 U.S.C. 253(b) that it is in the public interest to reject all bids.

(10) The determination required by 41 U.S.C. 255(c) that the making of ad

vance payments would be in the public interest.

(11) The determination required by § 1-3.807-3(b) of Chapter 1 of this titie with respect to waiving a requirement for the submission of cost or pricing data and the certification thereof.

(12) To make interagency agreements, which will not require the expenditure of more than $100,000, under the provisions of section 601 of the Economy Act of 1932, 31 U.S.C. 686, or under any other enabling legislation, for the acquisition of property or services.

(b) (1) The Contract Specialist is hereby delegated the authority to make grants (without limitation as to type including grants in aid) under 22 U.S.C. 2571 or, where appropriate, under 42 U.S.C. 1891, which will not require the expenditure of more than $100,000.

(2) The foregoing authority may be exercised only by the incumbent of the position.

§ 23-51.204 Library.

The authority to make minor purchases under 41 U.S.C. 52(c)(3), and to place orders under interagency agreements, for the acquisition of newspapers, books, periodicals, maps, library supplies, and for the acquisition of publication, binding and repair services is hereby delegated to the Chief, Reference Information Center, and to the Librarian. This authority may be exercised only by the incumbents of the positions.

§ 23-51.205 General services.

The authority to make minor purchases under 41 U.S.C. 252(c)(3), and to place orders under interagency agreements for the acquisition of office furniture, equipment, and supplies; telephone equipment and services; maintenance, repair, and janitorial services is hereby delegated to the General Services Assistant. This authority may be exercised only by the incumbent of the position.

(d) Security requirements covering patent applications containing classified subject matter filed by the contractors.

§ 23-52.101 Authorization and consent.

(a) Under 28 U.S.C. 1498, any suit for infringement of a U.S. patent based on the manufacture or use by or for the United States of an invention described in and covered by a patent of the United States by a contractor or by a subcontractor (including lowertier subcontractors) can be maintained only against the Government in the Court of Claims, and not against the contractor or subcontractor, in those cases where the Government has authorized or consented to the manufacture or use of the patented invention. Accordingly, to insure that work by a contractor or subcontractor under a Government contract may not be enjoined by reason of patent infringement, authorization and consent shall be given as herein provided. The liability of the Government for damages in any such suit against it may, however, ultimately be borne by the contractor or subcontractor in accordance with the terms of any patent indemnity clause also included in the contract, and an authorization and consent clause does not detract from any patent indemnification commitment by the contractor or subcontractor. Therefore, both a patent indemnity clause and an authorization and consent clause may be included in the same contract.

(b) Any provision whereby the Government expressly agrees to indemnify the contractor against liability for patent infringement shall not be included in a contract.

§ 23-52.102 Contract clauses.

§ 23-52.102-1 Authorization and consent in contracts for research or development.

(a) The clause set forth below shall be used in contracts calling for experimental, developmental, or research work or in contracts for both supplies and experimental, developmental, and

research work where the latter work is a primary purpose of the contract. (b) Clause:

AUTHORIZATION AND CONSENT

The Government hereby gives its authorization and consent for all use and manufacture of any invention described in and covered by a patent of the United States in the performance of this contract or any part hereof or any amendment hereto or any subcontract hereunder (including any lowertier subcontract).

§ 23-52.102-2 Authorization and consent in contracts for supplies or services.

(a) The contract clause set forth below shall be used in contracts for supplies or services, or both, which do not include experimental, developmental, or research work as a primary purpose of the contract. (b) Clause:

AUTHORIZATION AND CONSENT

The Government hereby gives its authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture, in the performance of this contract or any part hereof or any amendment hereto or any subcontract hereunder (including any lower-tier subcontract), of any invention described in and covered by a patent of the United States (i) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract, or (ii) utilized in the machinery, tools, or methods the use of which necessarily results from compliance by the Contractor or the using subcontractor with (a) specifications or written provisions now or hereafter forming a part of this contract, or (b) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clauses, if any, included in this contract or any subcontract hereunder (including any lowertier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

§ 23-52.102-3 Patent indemnification.

In appropriate cases a patent indemnity clause for the benefit of the Government shall be included in the contract.

§ 23-52.103 Notice and assistance regarding patent and copyright infringement. (a) Clause:

NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.

(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed hereunder, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.

§ 23-52.104 Patent rights.

§ 23-52.104-1 Policy.

(a) Section 32 of the Arms Control and Disarmament Act (22 U.S.C. 2572) requires that all research within the United States contracted for, sponsored, cosponsored, or authorized under authority of the Act shall be provided for in such manner that all information as to uses, products, processes, patents and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Director of the Agency may find necessary in the public interest) be available to the general public. The owners of any background patent relating thereto shall not be deprived, under the authority of the Act, of such rights as they may have.

(b) In appropriate cases, the Director may determine to permit the Contractor to obtain title subject to the granting of an irrevocable, royaltyfree, nonexclusive, nontransferable lide cense for the practice of a patented discovery or invention by or on behalf of the United States, or by or on behalf of any foreign government or

international organization pursuant to any treaty or other agreement with the Government of the United States.

(c) In those cases where the discovery or subject invention relates to atomic energy, the Agency after consulting with representatives of the Atomic Energy Commission will inform the contractor of what rights, if any, he may have under any patent application or patent that may be used thereon.

§ 23-52.104-2 Patent rights clause.

(a) The following clause shall be inserted in all contracts, save in those cases where the Director has made exceptions or has provided for limitations, or which are otherwise exempt under applicable law.

PATENTS

(a) The Contractor agrees that it will promptly disclose to the Government all discoveries and inventions conceived or first actually reduced to practice in the performance of the work called for or required under this contract, and that it will, upon request, assign and transfer to the United States, as represented for this purpose by the Agency, full and entire right, title, and interest in and to such discoveries or inventions, subject to the reservation of a nonexclusive and royalty-free license to the Contractor: Provided, however, That the Contractor shall not make nor be entitled to (except as the Government in its sole discretion may grant any rights) such reservation as to any discovery or invention involving production or utilization of special nuclear material or atomic energy within the purview of the Atomic Energy Acts of 1946 and of 1954 (as amended): And, provided further, That in the absence of any request by the Agency for such an assignment and transfer of entire right, title, and interest, the Contractor agrees in any event that it will grant an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice throughout the world, by or on behalf of the United States or by or on behalf of any foreign government or international organization pursuant to any treaty or other agreement with the Government of the United States, of each such discovery or invention.

(b) The Contractor warrants that it has or will obtain full authority to effectuate the purposes of paragraph (a) of this clause from all persons who perform any part of the work under this contract, except such clerical and manual labor personnel as will not have access to technical data.

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