(●) Rights and remedies of the Government. The rights and remedies of the Government provided in this article are in addition to any other rights and remedies provided by law or under this contract.

NOTE: Paragraph (d)(7) as set forth above should be used in contracts where funds are advanced by the DOE. For contracts where funds are not advanced, delete the requirements for a closing financial statement, change the article reference from "Payments and Advances" to "Payments," and omit paragraph (d)(6) as set forth above.

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PART 9-9 PATENTS, DATA, AND

COPYRIGHTS

§9-9.000 Scope of part.

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

(b) It is noted that §9–9.107–4(d) entitled “License rights (upon request) to the contractor" pertains to contracts for the operation of Government-owned facilities or special long term, cost-reimbursement Government-funded research, development, or demonstration work. It provides that in such contracts, the paragraph set forth in §9-9.107-5(e) shall be substituted for paragraph (c)(1) of the Patent Rights (long form) clause of §9–9.107–5(a) to provide a revocable, nonexclusive, royalty-free license in inventions only upon request by the contractor for reservation of such license.

(c) Also, §9-9.107-4(g) entitled "Facilities license" covers a contract which has, as a purpose, the design, construction, or operation of a Government-owned research, development, demonstration, or production facility. It states that the paragraph of §9-9.107-5(h) shall be used in all such contracts, in addition to the provisions of the Patent Rights (long form) clause, since it is necessary that the Government be accorded certain rights with respect to further use of the facility by or on behalf of the Government upon termination of the contract, including the right to make, use, transfer, or otherwise dispose of all articles, materials, products, or processes embodying inventions or discoveries used or embodied in the facility, regardless of whether or not conceived or actually reduced to practice under or in the course of such contracts. Further, §9-9.107-4(h) entitled “Subcontracts" states that the withholding of payment provision of the prime contract will not normally be included in a subcontract except upon request of the Contracting Officer except for subcontracts awarded by contractors who operate Government-owned facilities and for other special contracting situations, in which cases the withholding of payment provision may be flowed down to the first-tier subcontractor only.

(d) With respect to technical data and copyrights, §9-9.202-4 applies to contracts for the operation of Government-owned, contractor-operated research or production facilities. This section sets forth the Rights in Technical Data-Facility clause which shall normally be included in such contracts.

§9–9.100 Scope of subpart.

Subpart 9-9.1 Patents

(a) This subpart sets forth policies, procedures, and contract clauses with respect to inventions made, conceived, or utilized in the course of or under any contracts, grants, agreements, understandings or other arrangements entered into with or for the benefit of the DOE. One of DOE's primary missions requires the use of its procurement process to insure the conduct of research, development, and demonstration leading to the ultimate commercial utilization of all efficient sources of energy. Accordingly, DOE's mission is not oriented toward procurement for Government use, except where procurements are involved with special classified programs or the construction or improvement of Government-owned facilities. To accomplish its mission, DOE must work in cooperation with industry in the development of new energy sources and in achieving the ultimate goal of widespread commercial use. To this end, Congress has provided DOE with an array of incentives to secure the adoption of the new technology developed for DOE. An important incentive in commercializing technology is that provided by the