(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

tration. ROYALTIES

(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

G eneral........................................................................
Procurement by formal advertising .............
Procurement by negotiation.........
Special types and methods of procurement
Contract clauses.........
Federal, State, and local taxes.
Government property ..........
Procurement forms .............
Contract financing ............
Contract administration....

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