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(2) To make findings and determina under the provisions of section 601 of tions required for the negotiation of the Economy Act of 1932, 31 U.S.C. individual contracts under the follow 686, or any other enabling legislation, ing paragraphs of 41 U.S.C. 252(c):

for the acquisition of property or serv(i) Paragraphs (2) through (10), in- ices. clusively;

(13) To determine, as required by (ii) Paragraph (14).

$ 23-52.104-1(b), that a contractor may (3) To make class findings and deter- be permitted to obtain title to a subminations required for the negotiation ject discovery or invention under the of contracts under 41 U.S.C. Patent clause set forth in § 23-52.104252(c)(10).

(4) Subject to availability of funds, (b) The Executive Director is hereby to enter into negotiated contracts for delegated the authority to make the acquisition of property or services, grants (without limitation as to type and modifications of any kind to such and including grants in aid) under 22 contracts, which will not require the U.S.C. 2571 or, where appropriate, expenditure of more than $1 million under 42 U.S.C. 1891, which will not either for an individual contract or for require the expenditure of more than a contract modification.

$1 million. (5) To appoint ordering officers

(c) Pursuant to the provisions of § 1under any contract who shall be em 12.805 of Chapter 1 of this title, the powered to place orders, request spe Executive Director is hereby appointcial responses or issue technical direc ed Deputy Contract Compliance Offitions, within the agreed scope of any cer for purposes of Equal Opportunity such contract.

in Employment. (6) To make final decisions under the Disputes clause contained in any 8 23-51.202 Chief of the Contracts Branch. contract, and to terminate the con

(a) To the Chief of the Contracts tract, without regard to the total amount of funds in dispute.

Branch is delegated the following au(7) To make determinations required

thority: by 41 U.S.C. 254(b), as to the estimat

(1) Subject to availability of funds,

to enter into contracts or contract ed cost of, and fees to be paid under,

modifications which will not require cost-plus-a-fixed-fee contracts. (8) To make determinations required

ired the expenditure of more than $500,000 by 41 U.S.C. 254(b), that the use of a

for the acquisition of property or servcost or a cost-plus-a-fixed-fee contract

ices following formal advertising. or an incentive-type-contract is likely

(2) To make findings and determinato be less costly than other methods or

tions required for the negotiation of that it is impracticable to secure prop

individual contracts under the followerty or services of the kind and quality

ing paragraphs of 41 U.S.C. 252(c): required without the use of a cost or

(i) Paragraphs (2) through (10), incost-plus-a-fixed-fee contract or an in

clusively; centive-type contract.

(ii) Paragraph (11), provided that (9) To make the determination the contract will not require the exunder 41 U.S.C. 253(b), that it is in the penditure of more than $25,000; public interest to reject all bids.

(iii) Paragraph (14). (10) The determination required by (3) To make class findings and deter41 U.S.C. 255(c) that the making of ad minations required for the negotiation vance payments would be in the public of contracts under 41 U.S.C. interest.

252(c)(10). (11) The determination required by (4) Subject to availability of funds, $ 1-3.807-3(b) of Chapter 1 of this title to enter into negotiated contracts for with respect to waiving a requirement the acquisition of property or services, for the submission of cost or pricing and modifications of any kind to such data and the certification thereof. contracts, which will not require the

(12) To make interagency agree expenditure of more than $500,000 ments, which will not require the ex. either for an individual contract or for penditure of more than $1 million, 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.

(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 $500,000, under the provisions of section 601 of the Economy Act of 1932, 31 U.S.C. 686, or under any other enabling legis lation, 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.

823-51.203 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 seryices 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.

(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 vids.

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

PART 23-52—PATENTS, DATA AND

COPYRIGHTS

Sec. 23-52.000 Scope of part.

Subpart 23-52.1—Patents

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 101 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.

23-52.100 Scope of subpart. 23-52.101 Authorization and consent. 23-52.102 Contract clauses. 23-52.102-1 Authorization and consent in

contracts for research or development. 23-52.102-2 Authorization and consent in

contracts for supplies or services. 23-52.102-3 Patent indemnification. 23-52.103 Notice and assistance regarding

patent and copyright infringement. 23-52.104 Patent rights. 23-52.104-1 Policy. 23-52.104-2 Patent rights clause. 23-52.105 Royalties.

§ 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 seryices 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.

Subpart 23–52.2—Data and Copyrights 23-52.200 Scope of subpart. 23-52.201 Definitions. 23-52.202 Acquisition of rights in subject

data. 23-52.202-1 Background. 23-52.202-2 Policy. 23-52.203 Contract clauses.

AUTHORITY: Secs. 31, 32, and 41, 75 Stat. 631, 22 U.S.C. 2571, 2572, 2581; sec. 646, 62 Stat. 942, 28 U.S.C. 1498; and sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); as amended.

SOURCE: 33 FR 19236, Dec. 24, 1968, unless otherwise noted.

8 23-52.000 Scope of part.

This part sets forth policies, instructions, and contract clauses pertaining to patents, data, and copyrights in connection with the procurement of supplies and services.

Subpart 23-52.1-Patents

$ 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.

823-52.100 Scope of subpart.

This subpart prescribes contract clauses and instructions which define and implement the policy of the U.S. Arms Control and Disarmament Agency with respect to

(a) Inventions made in the course of experimental, developmental, or research work performed under Government contracts;

(b) Patent infringement liability resulting from work performed by or for the Government;

(c) Royalties payable in connection research work where the latter work is with the performance of Government a primary purpose of the contract. contracts;

(b) Clause: (d) Security requirements covering patent applications containing classi

AUTHORIZATION AND CONSENT fied subject matter filed by the con The Government hereby gives its authori. tractors.

zation and consent for all use and manufac

ture of any invention described in and cov$ 23-52.101 Authorization and consent. ered by a patent of the United States in the

(a) Under 28 U.S.C. 1498. any suit performance of this contract or any part for infringement of a U.S. patent

hereof or any amendment hereto or any based on the manufacture or use by or

subcontract hereunder (including any lowerfor the United States of an invention

tier subcontract). described in and covered by a patent

$ 23-52.102–2 Authorization and consent of the United States by a contractor or

in contracts for supplies or services. by a subcontractor (including lowertier subcontractors) can be maintained (a) The contract clause set forth only against the Government in the below shall be used in contracts for Court of Claims, and not against the supplies or services, or both, which do contractor or subcontractor, in those not include experimental, developmencases where the Government has au tal, or research work as a primary purthorized or consented to the manufac- pose of the contract. ture or use of the patented invention. (b) Clause: Accordingly, to insure that work by a contractor or subcontractor under a

AUTHORIZATION AND CONSENT Government contract may not be en The Government hereby gives its authori. joined by reason of patent infringe zation and consent (without prejudice to ment, authorization and consent shall any rights of indemnification) for all use be given as herein provided. The liabil and manufacture, in the performance of ity of the Government for damages in

this contract or any part hereof or any any such suit against it may, however,

amendment hereto or any subcontract hereultimately be borne by the contractor

under (including any lower-tier subconor subcontractor in accordance with

tract), of any invention described in and

covered by a patent of the United States (i) the terms of any patent indemnity

embodied in the structure or composition of clause also included in the contract,

any article the delivery of which is accepted and an authorization and consent by the Government under this contract, or clause does not detract from any (ii) utilized in the machinery, tools, or patent indemnification commitment methods the use of which necessarily reby the contractor or subcontractor. sults from compliance by the Contractor or Therefore, both a patent indemnity the using subcontractor with (a) specificaclause and an authorization and con

tions or written provisions now or hereafter sent clause may be included in the

forming a part of this contract, or (b) specif.

ic written instructions given by the Consame contract.

tracting Officer directing the manner of (b) Any provision whereby the Gov

performance. The entire liability to the ernment expressly agrees to indemnify

Government for infringement of a patent of the contractor against liability for

the United States shall be determined solely patent infringement shall not be in by the provisions of the indemnity clauses, cluded in a contract.

if any, included in this contract or any sub

contract hereunder (including any lower$ 23-52.102 Contract clauses.

tier subcontract), and the Government as

sumes liability for all other infringement to 23-52.102-1 Authorization and consent the extent of the authorization and consent

in contracts for research or develop- hereinabove granted. ment. (a) The clause set forth below shall

§ 23-52.102-3 Patent indemnification. be used in contracts calling for experi In appropriate cases a patent indemmental, developmental, or research nity clause for the benefit of the Gov. work or in contracts for both supplies ernment shall be included in the conand experimental, developmental, and tract.

| 23-52.103 Notice and assistance regard.

ing patent and copyright infringement. (a) Clause:

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.

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.

(c) This clause shall be included in all subcontracts.

$ 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

8 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 license 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

(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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