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(c) 11 to the best of the Contractor's
Subpart 23–52.2—Data and knowledge and belief no inventions have been conceived or first actually reduced to
Copyrights practice during and as a result of the performance of the work under this contract, § 23–52.200 Scope of subpart. the Contractor shall so certify to the Contracting Officer upon conclusion of the
This subpart sets forth policies, work. Nothing contained in this or any
instructions, and contract clauses with other clause hereof shall be deemed to respect to acquisition of rights in data grant any rights to the Government under and copyrights. It relates only to the any invention other than an invention con acquisition of rights in data and does ceived or first actually reduced to practice not establish requirements for data. during and as a result of the performance of the work under this contract.
8 23-52.201 Definitions. (d) Except as otherwise authorized in writ
For the purposes of this subpart the ing by the Contracting Officer, the Contractor shall insert provisions similar to those
following terms have the meanings set contained in this clause in all subcontracts forth below: under this contract.
(a) "Data" means writings, sound re(e) No claim for pecuniary award or com- cordings, pictorial reproductions, pensation under the provisions of the drawings, or other graphic representaAtomic Energy Acts of 1946 and of 1954 (as
tions and works of similar nature, amended) shall be asserted by the Contrac
whether or not copyrighted. The term tor or his employees with respect to any dis
does not include financial reports, cost covery or invention covered by this clause.
analyses, and other information inci. (b) In appropriate cases, such as dental to contract administration. where an industry-wide cross-license is (b) “Limited rights" means right to made as a common practice, the clause use, duplicate, or disclose subject or set forth in paragraph (a) of this sec. other specified data in whole or in tion may be amended as a result of the part by or for the Government, with contract negotiations to permit the the express limitation that such data contractor to reserve to himself a lie may not be released outside the Govcense broad enough to include such ernment except as may be specifically cross-licensing.
authorized in the contract or in an
other writing by the contractor. 8 23-52.105 Royalties.
(c) “Subject Data” means all writ(a) The term “royalties” refers to
ings, technical information, graphic or any costs or charges in the nature of recorded material; and all information royalties, license fees, patent or license as to uses, products, processes, patauthorization costs, or the like, for the ents, inventions, and other materials use of or for rights in patents or
developed under the contract; specipatent applications.
fied to be delivered under the con(b) Cost-type contracts shall include
tract, whether or not copyrighted. The the clause set forth below, unless it
term does not include financial rehas been determined that no royalties
ports, cost analyses, and other inforare likely to be paid by the contractor.
mation incidental to contract adminis
(d) “Unlimited rights” means rights Payment by the Contractor of any sum
to use, duplicate, or disclose subject or for royalties or for patent rights not includ- other specified data in whole or in ed in the ordinary purchase price of stand part, in any manner and for any purard commercial supplies shall not constitute pose whatsoever, and to have or items of allowable cost hereunder, unless permit others to do so. and until approved by the Contracting Officer. Reimbursement to the Contractor on $23-52.202 Acquisition of rights in subject account of any such payments shall not be data. construed as an admission by the Government of the enforceability, validity or scope 8 23-52.202-1 Background. of, or title to any of the patents involved, nor shall any such reimbursement consti
The Agency has a statutory obligatute a waiver of any rights or defenses re
iver of any rights or defenses re- tion to insure the acquisition of a fund specting such patents.
of theoretical and practical knowledge regarding arms control and disarma for supplying the new products and ment particularly by means of re- utilizing the new processes. search, development, and other stud. (d) The Government and the conies. The acquisition of such a fund of tractor may enter into an agreement knowledge is accomplished in part by to be incorporated in the contract contracting for research in a particu which shall list or describe that data lar field of arms control or of disarma- which is proprietary and the specific ment which results in a final report. rights therein being acquired by the These reports, if unclassified or free of Government. information authorized by law to be withheld from the general public. can $ 23-52.203 Contract clauses. be made available to the general (a) The clause set forth in parapublic either by duplication or publi graph (b) shall be inserted in all concation. Publications can be accom- tracts requiring the delivery of Subplished by the Government itself, orject Data. The clause is not applicable by Government consent to publication to the acquisition of rights in such by the contractor. In the light of the special works as movies or video tape foregoing, the need for acquisition of for television. Normally the Governrights in data is clear.
ment will acquire all rights and title to
such special works and be the sole pro$ 23–52.202–2 Policy.
prietor. (a) It is the policy of the United
(b) Basic subject data clause. States Arms Control and Disarma
DATA ment Agency to acquire such data and rights in data as will permit the
(a) The term “Subject Data” as used Agency to fulfill its statutory obliga
herein includes all writings, technical infor
mation, and graphic or recorded material; tions. Ordinarily these obligations will
and all information as to uses, products, be satisfied by the acquisition of un
processes, patents, inventions, and other limited rights. However such unlimit materials (developed under the contract) ed rights are not normally incompati. specified to be delivered under this contract, ble with retention by the contractor of
whether or not copyrighted. The term does entitlement to any copyright that he
not include financial reports, cost analyses, may wish to seek.
and other information incidental to con
tract administration. (b) Commercial organizations may
(b) The Contractor agrees to and does have a valid economic interest in data
hereby grant to the Government a royaltythey have developed at their own ex free, nonexclusive, and irrevocable license pense for competitive purposes. Such throughout the world to publish, translate, data, particularly data which discloses reproduce, deliver, perform, dispose of, and details of design or manufacture is
to authorize others so to do, all Subject often closely held because its disclo
Data now or hereafter covered by copyright:
Provided, That with respect to the Subject sure to competitiors could jeopardize
Data now or hereafter covered by copyright the competitive advantage it was de
and not originated in the performance of veloped to provide. Public disclosure of this contract, such license shall be only to such data can cause economic hard the extent that the Contractor, its employship to the originating organization. ees, or any individual or concern specifically
(c) The Government must not be employed or assigned by the Contractor to barred from acquiring such data and
originate and prepare such Data under this such rights therein, limited or unlimit
contract, now has, or prior to completion or
final settlement of this contract may aced, as it needs even though that data
quire, the right to grant such license withmay normally not be disclosed in com
out becoming liable to pay compensation to mercial practice. Moreover, when the others solely because of such grant. Government pays for research and de- (c) The Government may use, duplicate, velopment which produces new knowl or disclose in any manner and for any puredge, products or processes, it has an
pose whatsoever, and have others so do, all obligation to foster technological prog
or any part of the Subject Data delivered by
the Contractor to the Government under ress through wide dissemination of the
this contract. new and useful information derived
(d) The Contractor shall exert all reasonfrom such work and, where practica- able effort to advise the Contracting Offible, provide competitive opportunities cer, at the time of delivery of such Subject
Data, (i) of any invasions of the right of pri- rights in data in which an independent vacy contained therein and (ii) of all por- and valid proprietary interest exists. tions of such data copied from work not (d) The clause set forth in paracomposed or produced in the performance
graph (b) of this section may be of this contract. The Contractor shall also
amended by the addition of the followreport to the Contracting Officer, promptly and in reasonably complete detail, each
ing paragraph where publication by a notice or claim of copyright infringement
third party of the subject data of the received by the Contractor with respect to contract can be anticipated and where all such Subject Data delivered under this the third party will obtain the copy. contract.
right. The clause, as amended, may be (e) Nothing contained in this clause shall inserted in contracts where such use, imply a license to the Government under in the opinion of the Contracting Offiany patent or be construed as affecting the cer, would be appropriate. scope of any license or any other right otherwise granted to the Government under
(h) The Contractor agrees that in the any patent.
event of (i) an assignment of his rights in
copyrighted matter hereunder to any third (f) The Government may modify, remove, obliterate, or ignore any marking not au
party or (ii) an assignment of rights in the thorized by the terms of this contract on
subject data to any third party pursuant to any subject data furnished hereunder, if
which the assignee may secure a statutory
copyright in his own name, the Contractor (i) The Contractor fails to respond within shall include in any such assignment provisixty (60) days to a written inquiry by the
sions protecting the Government's rights in Government concerning the propriety of the subject data. Accordingly, the Contracthe use of the marking; or
tor will not grant an exclusive license to the (ii) The Contractor's response fails to sub- copyrighted matter to any third party, or stantiate his contention that the use of the assign the copyright to any third party marking is authorized, in which case the without exempting therefrom and confirmGovernment shall give written notice to the ing therein the Government's existing liContractor.
cense. In the event of the assignment of the (g) Inclusion in subcontracts. Except as
Contractor's rights in the subject data hereotherwise authorized in writing by the Con
under which are not yet copyrighted, the tracting Officer, the Contractor shall insert
Contractor will include provisions pursuant provisions identical to those contained in
to which the assignee (i) will be notified of this clause in all subcontracts under this
the Government's existing rights in the subcontract, unless previously authorized in
ject data under this contract and in addiwriting by the Contracting Officer to vary
tion, (ii) shall be obligated upon the issu. the terms of the data clause to be included
ance of any copyright to send to ACDA in the subcontract.
written confirmation of the Government's
license to the copyrighted matter. This obli(c) The clause set forth in paragraph gation of the Contractor to protect in any (b) of this section may be varied to assignment the rights of the Government permit the acquisition of limited shall survive the expiration of the contract.
CHAPTER 24—DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
Part 24-1 24-2 24-3 24-4 24-7 24-11 24-13 24-16 24-30 24-50
99 111 113 117 118 123 124 125
Subpart 24-1.1-Regulation System 24-1.101 Scope of subpart. 24-1.102 Purpose. 24-1.103 Authority. 24-1.104 Applicability. 24-1.105 Exclusions. 24-1.106 Arrangement. 24-1.106-1 eneral plan. 24-1.106-2 Numbering. 24-1.106-3 Citation. 24-1.108 Deviation. 24-1.108-1 Description. 24-1.108-2 Procedure.
Sec. 24-1.450 Contracting officers representa
tives. 24-1.451 HUD procuring activities. 24-1.451-1 Office of Procurement and Con
tracts. 24-1.451-2 Housing. 24-1.451-3 General services divisions. 24-1.451-4 Disaster field offices. 24-1.452 Unauthorized actions in the ad
ministration of contracts. 24-1.453 Contracting officers responsibil
ities to examine validity of procurement request.
Subpart 24-1.6—Debarred, Ineligible and
24-1.600 Scope of subpart.
Subpart 24-1.7—Small Business and Minority
Subpart 24-1.2-Definition of Terms 24-1.201 Scope of subpart. 24-1.202 Definitions. 24-1.202-1 Department. 24-1.202-2 Secretary. 24-1.202-3 Chief officer responsible for
procurement. 24-1.202-4 Procuring activity. 24-1.202-5 Head of procuring activity. 24-1.202-6 Contractor. 24-1.202-7 Subcontractor. 24-1.202-8 Supplies and property. 24-1.202-9 Personal services. 24-1.202-10 Nonpersonal services. 24-1.202-11 Ratification. 24-1.202–12 Primary organization heads.
Subpart 24-1.3—General Policies 24-1.301 Scope of subpart. 24-1.302 Procurement sources. 24-1.302-1 General. 24-1.302-3 Contracts between the Depart.
ment and Government employees. 24-1.313 Records of contract actions. 24-1.318 Disputes. 24-1.318-1 Disputes clause. 24-1.318-2 Contracting officer's decision
under a disputes clause. 24-1.318-3 HUD Board of Contract Ap
24-1.700 General. 24-1.702 Small business policies. 24-1.705 Small business advisor. 24-1.706 Small business specialist. 24-1.707 Procedures for initiating set
asides by the small business specialist(s). 24-1.708 Review of set-aside recommenda
tions initiated by small business
specialist(s). 24-1.709 Withdrawal or modification of
set-asides. 24-1.709-50 Small business class set-aside
for construction, including repair and
reconditioning. 24-1.709-51 Review of class set-aside pro
gram for construction, including repair
and reconditioning. 24-1.713 HUD contracts with the Small
Business Administration. 94 24-1.714 HUD responsibilities and func
tions pursuant to section 8(a) of the
Small Business Act. 24-1.715 HUD contracts with minority
business firms. 24-1.715-1 Applicability and scope. 24-1.715-2 Authority. 24-1.715-3 Policy. 24-1.715-4 Certification of status as a mi
nority business enterprise.
Subpart 24-1.4-Procurement Responsibility
24-1.400 Scope of subpart. 24-1.402 Responsibility of the Chief Offi
cer responsible for procurement. 24-1.404 Selection, designation and termi
nation of designation of contracting offi
cers. 24-1.404-1 Selection. 24-1.404-2 Designation. 24-1.404-3 Termination of designation. 24-1.405 Ratification of unauthorized con
Subpart 24-1.50—Criteria for the Use of
Grants or Contracts for Research 24-1.5000 Scope of subpart. 24-1.5001 Policy. 24-1.5002 Criteria for use of grants and
contracts. AUTHORITY: Sec. 7(d), Dept. of HUD Act (42 U.S.C. 3535(d)).
SOURCE: 41 FR 55796, Dec. 22, 1976, unless otherwise noted.