protection. The instrument of grant shall contain appropriate provisions to such effect. (b) With respect to any release of unclassified information (including, without limitation, any news release, article, brochure, speech, manuscript, or other material) which discloses either the existence of the study supported by the grant or the work product of the grant (including, without limitation, factual findings, hypotheses, conclusions, opinions, or recommendations), the grantee shall: (1) Provide the Agency with a copy of the proposed release at least thirty (30) days prior to the release date; and (2) unless otherwise directed in writing by the Granting Officer, make an appropriate acknowledgment of support by the U.S. Arms Control and Disarmament Agency and if the work product of the grant is disclosed, include in the release the following disclaimer: The ideas and conclusions presented herein are solely those of the author(s). They do not necessarily correspond to those of the U.S. Arms Control and Disarmament Agency or of any other agency or department of the U.S. Government. Sec. PART 23-51-DELEGATIONS OF PROCUREMENT AUTHORITY 23-51.000 Scope of part. Subpart 23-51.1-General 23-51.101 Delegation. 23-51.201 23-51.202 23-51.203 Subpart 23-51.2-Delegations The Executive Director. Chief of the Contracts Branch. 23-51.204 Library. AUTHORITY: The provisions of this Part 23-51 are issued under sec. 205 (c), 63 Stat. 890, 40 U.S.C. 486 (c); sec. 302, 63 Stat. 393, 41 U.S.C. 252; sec. 304, 63 Stat. 395, 41 U.S.C. 254; sec. 307, 63 Stat. 396, 41 U.S.C. 257; and sec. 41, 75 Stat. 631, 22 U.S.C. 2581. SOURCE: The provisions of this Part 23-51 appear at 33 F.R. 19234, Dec. 24, 1968, unless otherwise noted. § 23-51.000 Scope of part. This part sets forth the delegations of authority to make findings and determinations, to negotiate, execute, award, and administer contracts, interagency agreements, purchase orders, other contractual arrangements and grants, hereinafter referred to as "contracts", unless otherwise stated. Subpart 23-51.1-General § 23-51.101 Delegation. (a) Except as otherwise provided by law, regulation, or specific memoranda of delegation, the authority of the Director of the U.S. Arms Control and Disarmament Agency to make findings and determinations, to negotiate, execute, award, and administer contracts for the acquisition of personal property and services (including construction) and the acquisition of real property by lease, is hereby delegated to those officials designated in Subpart 23-51.2 of this part, and (unless otherwise stated) to any official designated to act for one of those enumerated during the absence or incapacity of the latter, subject to the specific limitations stated in this Part 23-51. (b) Unless otherwise limited in this Part 23-51, the contracting officers named in Subpart 23-51.2 of this part may designate one or more qualified Government officials to act as their authorized representatives, and authority is hereby delegated to such officials to administer the performance of work required by the contracts. Designations will be in writing and will specifically state the scope and limitations of the designee's contractual authority which must be within the scope of authority possessed by the designating Contracting Officer. The signed original or duplicate original of such delegations of authority shall be retained in the files for examination and a copy given to the contractor. (c) When exercising the authority contained in this Part 23-51, the designated procurement official is identified as the Contracting Officer and will function within the limits prescribed by law, Federal Procurement Regulations, Procurement Regulations of the U.S. Arms Control and Disarmament Agency and all applicable provisions of Executive orders, regulations, and directives which are now in effect or which may be issued hereafter by competent authority. (d) The Executive Director is designated as the chief officer responsible for procurement. In collaboration with the General Counsel or his designee, he shall formulate procurement policy for the Director's approval and within the policy approved by the Director shall prescribe standards and procedures for the negotiation, award and administration of contracts. (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, 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 incentive-type contract. or an (9) To make the determination under 41 U.S.C. 253 (b), that it is in th 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 § 23-52.104-2. (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 § 1-12.805 of Chapter 1 of this title, the Executive Director is hereby appointed Deputy Contract Compliance Officer for purposes of Equal Opportunity in Employment. (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. (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 $500,000 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 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 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 42 U.S.C. 1891, which will not require the expenditure of more than $500,000. (c) Pursuant to the provisions of § 1-12.805 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 modi fications 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): (1) 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 impacticable 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 $100,000, under the provisions of section 601 of the Economy Act 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 newspapers, books, periodicals, maps, library supplies, and for the acquisition of publication, binding and repair services is hereby deiegated 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. AUTHORITY: The provisions of this Part 23-52 are issued under 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: The provisions of this Part 23-52 appear at 33 F.R. 19236, Dec. 24, 1968, unless otherwise noted. § 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 § 23-52.100 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 with the performance of Government contracts; (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 lower-tier 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. 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, search work as a primary purpose of the contract. (b) Clause: AUTHORIZATION AND CONSENT or re 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 (1) 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 lower-tier 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. (c) This clause shall be included in all subcontracts. |