(iii) A statement to the effect that a patent application claiming the invention will not be filed by or on behalf of the contractor.

(iv) A written description of the invention together with drawings in sufficient detail to enable the preparation and filing of a patent application without further recourse to the contractor, if such is determined to be in the best interests of the Government.

(v) The date and relevant details of any publication or public use of the invention which has taken place or which is contemplated.

(vi) A copy of any relevant patentability search report which may be available to the contractor.

(b) Interim reports of inventions. Interim reports, listing all "Subject Inventions" which were conceived or first actually reduced to practice more than 3 months prior to the date of such reports, must be submitted to the office administering the contract at least every 12 months, commencing with the effective date of the contract. Each re

port will list any "Subject Inventions" made under the contract which have not been listed in a prior interim report, and will include an invention disclosure report, as specified in paragraph (a) of this section, for any invention not previously disclosed. If no such inventions have been made, the report should so state. The interim report should be in three copies, and may be submitted by using section I of DD Form 882, Report of Inventions and Subcontracts, or by using the contractor's own form or letter containing the same information.

(c) Final report of inventions. Before a contract is closed, the contractor is required, by the provisions of the Patent Rights clause, to submit a final report of inventions to the office administering the contract. The final report should include: (1) A list of all "Subject Inventions" made under the contract. including those which have previously been reported in invention disclosure reports or interim reports of invention, and (2) a statement that the inventions listed in the final report are the only inventions conceived or first actually reduced to practice under the contract. The final report must include an invention disclosure report, of the content specified in paragraph (a) of this section, for each invention not previously

reported. A negative report must be submitted by the contractor where there have been no inventions made under the contract. The final report of inventions must be in three copies and may be submitted by using section I of DD Form 882 or by using the contrac tor's own form containing the same information.

(d) Subcontract reports. The con tractor is required by the provisions the Patent Rights clause to submit subcontract report to the office admin istering the contract at the earliest practicable date but, in any event, prior to the final settlement of the contract For each subcontract or purchase order containing a Patent Rights clause, the report should include the following in formation: (1) The name and address of the subcontractor; (2) the subcontract or purchase order number; (3) a copy of the Patent Rights clause contained in the subcontract or purchase order or the date on which a copy of such clause was submitted to the office administering the contract; and (4) an estimate of the date when the subcon tract or purchase order is expected to be completed. If there are not subcontracts or purchase orders containing a Patent Rights clause, a negative subcontract report should be submitted The subcontract report must be in three copies and may be submitted by using section II of DD Form 882 or by using the contractor's own form or letter containing the same information.

§ 1009.1105 Responsibility of the office administering the contract.

The office administering the contract is responsible for reviewing each report submitted by the contractor to insure that it contains all the information re quired of such a report. The office administering the contract will take the following action with respect to each report:

(a) Invention disclosure reports. (1) Where the contractor has elected not to file a patent application, review each invention disclosure to insure that it contains all required information as set forth in § 1009.1104(a). Particular emphasis should be placed upon insuring that the report, where the contractor has elected not to file a patent application, contains such a complete and detailed description of the invention that a person normally skilled in the art could practice the in

In

tion from the description. If the ret does not contain all the necessary Ormation, additional information uld be obtained immediately from the tractor. All copies of the invention closure reports will be forwarded, as mptly after receipt as possible, to the curement staff judge advocate. tion disclosure reports must be cessed as rapidly as possible in view the fact that a valid patent cannot issued upon an application which has en filed more than one year after first plication or public use of the invention. e cover letter forwarding these rets will contain the following informan:

(i) Name of the contractor and the tract number.

(ii) Title of the invention and the me of the inventor.

(iii) Indication as to which patent hts clause was included in the ntract.

(iv) Name and organizational code of e current project engineer, or, if the me of the project engineer is not own, the name and organizational de of the procurement contracting cer or buyer.

(2) Classified contracts. (i) When a py of a patent application is submitted rsuant to the provisions of §§ 9.106 id 9.1104(a) (2) of this title, the conacting officer, in consultation with the oject engineer or contract monitor, will termine whether the publication or sclosure of the invention would be trimental to the national security. (ii) In any case where it is determined at the publication or disclosure of any vention would be detrimental to naonal security, a written statement to is effect, together with a copy of the atent application, will be forwarded imediately to AFSC (SCJP).

(iii) In any case where it is determined at publication or disclosure of an inention would not be detrimental to the ational security, a written statement to is effect should be forwarded as set rth in subparagraph (2)(ii) of this aragraph.

(b) Interim reports of inventions. (1) wo copies of each interim report of inentions will be forwarded to the prourement staff judge advocate. The reorts should be forwarded whether afrmative or negative and at least one opy should be an original, manually igned by the appropriate representative of the contractor. One copy of the re

port will be retained by the office administering the contract as a part of the official contract file. The cover letter forwarding these reports will contain the following information:

(i) The name and address of the contractor.

(ii) The contract number.

(iii) An indication of which patent rights clause is included in the contract.

(2) If an invention disclosure report is submitted as a part of the Interim Report of Inventions, it should be processed as prescribed in paragraph (a) of this section.

(c) Final reports of inventions and reports of subcontracts. The office administering the contract will insure that each appropriate report is obtained from the contractor in sufficient time to enable the issuance of clearance before the presentation by the contractor of its completion voucher to the accounting and finance office. Immediately upon receipt of a contract containing a patent rights or reporting of royalties clause, the office administering the contract should establish a target date for requesting the required reports from the contractor. Normally, at approximately 75 percent of completion of the contract or 60 to 90 days in advance of final shipment on the contract, if the required reports have not been submitted, the contractor should be requested to submit them as soon as practicable. Each report should be checked to insure that it contains all the information necessary for that type of report as set forth in § 1009.1104 (c) and (d). If any report is not complete, the necessary information should be obtained from the contractor. The original and one copy of each of these reports, whether they be negative or affirmative, will be forwarded to the procurement staff judge advocate. One copy of each of these reports will be retained by the office administering the contract as a part of the official contract file. The cover letter forwarding these reports will contain the following:

(1) Name and address of the contractor and the contract number.

(2) Date, subject, and amount of the contract.

(3) Accounting and finance officer disbursing funds.

(4) Indication of which patent rights and royalty clause are included in the contract.

(5) Name and organizational code of the project engineer or contract monitor. (6) Name and organizational code of the initiator or buyer.

(7) Type of contract.

§ 1009.1106 Responsibility of AFSC or AFLC procurement staff judge advo

cate.

All reports transmitted to the procurement staff judge advocate according to § 1009.1105 will be reviewed for proper compliance with pertinent contractual requirements and the requirements of § 1009.1104. If a report is not complete in all respects, the necessary additional information should be obtained immediately from the contractor through the office administering the contract before any clearances are made or reports forwarded. All reports required by the following paragraphs to be forwarded to the Command Staff Judge Advocate, will include the original report and two copies thereof.

(a) Invention disclosure reports. (1) Where the contractor has elected to file a patent application, the invention disclosure report and allied papers should be retained by the procurement staff judge advocate and only the confirmatory license will be forwarded to AFSC (SCJP) or AFLC (MCJP), as appropriate. If the confirmatory license is not submitted with the invention disclosure report, the procurement staff judge advocate will insure that the confirmatory license is obtained from the contractor as soon as practicable.

(2) Where the contractor has elected not to file a patent application, the procurement staff judge advocate will take the following actions:

(i) Obtain an evaluation of the invention. The evaluation should be accomplished, by the project engineer or other technical personnel cognizant of the art to which the invention relates on AFPI Form 70A, Invention Evaluation, as appropriate.

(ii) The completed invention evaluation will be forwarded together with the invention disclosure report to AFSC (SCJP) or AFLC (MCJP), as appropriate, if the evaluation indicates that: (a) The invention was awarded a total of 30 or more points, and (b) the disclosure is sufficiently detailed to enable construction of a working apparatus embodying the invention or enable the practice of the process.

(iii) If the evaluator of the invention has not awarded the invention 30 or more points, the invention disclosure report may be forwarded as provided in subdivision (ii) of this subparagraph, if, in the opinion of the procurement staff judge advocate, the invention should be considered for further patent processing due to other considerations.

(iv) If the evaluator has indicated on the evaluation form that the disclosure is not sufficiently detailed to enable cons struction of a working apparatus, the procurement staff judge advocate should obtain a more complete disclosure directly from the contractor.

(v) At the time patent clearance is issued under any contract, submit a report to AFSC (SCJP) or AFLC (MCJP), as appropriate, of the number of inven tion disclosures which were not required to be forwarded according to subparagraph (2) (ii) and (iii) of this paragraph,

The

(b) Interim reports of inventions The procurement staff judge advocate will retain the interim reports of inven tions as a part of the contract patent administration file. If the report lists any inventions upon which no invention disclosure has been submitted, the contractor will immediately be requested to furnish an invention disclosure report (c) Final report of inventions. procurement staff judge advocate will retain the final report of inventions as a part of the contract patent administra tion file. If the report lists any inven tion upon which no invention disclosure has been submitted, the contractor will immediately be requested to furnish an invention disclosure report thereon The procurement staff judge advocate will take the following action with re spect to the final report of inventions:

(1) Laboratory check: To ascertain whether the contractor has reported all inventions, improvements, or discoveries made under the contract, the procure ment staff judge advocate will conduct a laboratory check as follows:

(i) A copy of the final invention report will be transmitted to the project engineer or other technical personnel who are familiar with the work done under the contract. Additionally, copies of all invention disclosures submitted under the contract will be made available to the project engineer or other technical personnel.

(ii) The project engineer or other technical personnel will be requested to

eview the final invention report and ender an opinion, after examination of he work done under the contract, hether or not all inventions, improveents or discoveries conceived or built nder the contract have been reported. should be emphasized that this opinion hould be rendered completely independnt of the contractor.

(iii) If it is determined that the conactor's final invention report is corct, the project engineer or other techical personnel will certify in writing hat in his opinion the final invention eport is correct. If it is determined that le contractor has not disclosed all inentions made under contract, the projet engineer or other technical personnel ill identify such invention or inven

ons.

(iv) The final invention report and opies of all invention disclosures will be eturned to the procurement staff judge dvocate together with the written pinion of the project engineer or other echnical personnel.

(2) Patent clearance of contract: When the laboratory check indicates hat the contractor's final invention reort is correct and the contractor has ubmitted a subcontract report, the prourement staff judge advocate will issue atent clearance on the contract accordng to the procedures set forth in § 1009.103. If the laboratory check indicates hat the contractor's final invention reort is incorrect, the procurement staff udge advocate will obtain invention dislosure reports on those subject invenions which have not been reported. nly upon complete reporting by the ontractor and concurrence therewith y the project engineer or other technial personnel, will patent clearance be sued. If the final invention report is egative and is submitted under a Techical Representative Service Contract, atent clearance will be issued without urther investigation or action. A recrd will be maintained by the procurehent staff judge advocate on AFPI orm 70, Contract Legal Record, when learance is issued.

(d) Subcontract reports. (1) If the eport from the prime contractor shows hat subcontracts were awarded which ontained a Patent Rights clause and hat the subcontracts are complete, the rocurement staff judge advocate will onduct correspondence with each subContractor to obtain, according to the

particular Patent Rights clause included in its subcontract, all reports as required to be submitted by the prime contractor according to § 1009.1104.

(2) Subcontractor's invention disclosure reports and patentability search reports will be processed in the same manner as those of prime contractors.

(3) Forwarding of prime contractor invention reports and clearance of prime contracts should not be delayed pending receipt of subcontractor's invention disclosure reports.

(4) If the report from the prime contractor shows that no subcontracts were awarded which contained a Patent Rights clause, no further action is required. § 1009.1107 Responsibility of accounting and finance office.

If the accounting and finance office receives the completion voucher from the contractor for final payment on a contract for which necessary clearances have not been received, the accounting and finance office will forward a request for the status of clearance to the office administering the contract. All requests will set forth the contractor's name and address, contract number, and the nature of the clearance about which information is desired. Upon the receipt of such a request, the office administering the contract will obtain the desired information, and advise the requesting accounting and finance office of the status of clearance. Under no circumstances should the accounting and finance office request the status of clearance prior to the actual receipt of the completion voucher from the contractor for final payment nor should the accounting and finance officer forward a request for status of clearance to the procurement staff judge advocate.

§ 1009.1108 Responsibility of the command staff judge advocate.

AFLC (MCJP) and AFSC (SCJP) will be responsible for the following action with respect to the various types of reports:

(a) General. Rendering advice and assistance on all questions concerning this subpart which have been forwarded through the appropriate AFLC or AFSC local staff judge advocate.

(b) Invention disclosure reports. Taking necessary steps, according to the terms of the Patent Rights clause, to obtain assignments of inventions on which

the contractor has elected not to file patent applications but on which the Government intends to file patent applications or on inventions submitted pursuant to the requirements of the Patent Rights (Title) clause of § 9.107-5(c) of this title.

(c) Royalty reports. Checking all affirmative reports as to appropriateness of payment of the royalties reported and conducting necessary correspondence with contractors and/or their licensors to resolve all questions arising from the reports.

(d) Exchange of information. Copies of all confirmatory licenses and royalty reports together with any actions taken thereon will be exchanged for the information of the opposite commands to permit uniform actions.

[29 F.R. 1685, Feb. 4, 1964, as amended at 29 F.R. 15260, Nov. 13, 1964]

(a) If a bid bond is required on a supply contract the penal sum should not be less than the amount of the required performance or payment bond. Use Standard Form 24, "Bid Bond."

(b) All annual bid bonds must be submitted in duplicate to AMC (MCJCR) for review, approval, and filing of the original with AFAFC (SAA). Use Standard Form 34, "Annual Bid Bond." When approved, the annual bid bond may be used throughout the Air Force If a contractor indicates in his bid that he has an annual bid bond on file, verification may be obtained from MCJCR [28 F.R. 3772, Apr. 18, 1963, as amended at 29 F.R. 15123, Nov. 10, 1964]

§ 1010.102-51 Bid bonds for construction contracts.

Only individual bid bonds (Standard Form 24) will be used for construction contracts. If a bid bond is required, the penal amount therein should be generally 20 percent of the bid price. [25 F.R. 5839, June 24, 1960]