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Subpart 23-52.2—Dete end Copyrights 23-52.200 Scope of subpart. 2-52.201 Definitions. 23-52.202 Acquisition of rights in subject

data. 23-52.202-1 Background. 23-52.202-2 Policy. 23-52.203 Contract clauses.

AUTHORITY: Secs. 31, 32, and 41, 75 Stat. 631 22 U.S.C. 2571, 2572, 2581; sec, 646, 62

942, 28 U.S.C. 1498; and sec. 205(c), 63 S

90, 40 U.S.C. 486(c); as amended.
E: 33 FR 19236, Dec. 24, 1968, unless
e noted.

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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 ex. penditure 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 41 U.S.C. 1891, which will not require the expenditure of more than $500,000.

(c) Pursuant to the provisions of § 112.805 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.

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;

(iii) 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

§ 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 modifications 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):

(i) Paragraphs (2) through (10), inclusively;

(ii) Paragraph (14).

(3) To make class findings and determinations required for the negotiation

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 direc

of

pers, books, periodicals, maps, library supplies, and for the acquisition of publication, binding and repair services is hereby delegated 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.

PART 23-52-PATENTS, DATA AND

COPYRIGHTS

tions, 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 $100,000, 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) (1) The Contract Specialist 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 $100,000.

(2) The foregoing authority may be exercised only by the incumbent of the position.

Sec. 23-52.000 Scope of part.

Subpart 23-52.1-Patents

23-52.100 Scope of subpart. 23-52.101 Authorization and consent. 23-52.102 Contract clauses. 23-52.102-1 Authorization and consent in

contracts for research or development. 23-52.102-2 Authorization and consent in

contracts for supplies or services. 23-52.102-3 Patent indemnification. 23-52.103 Notice and assistance regarding

patent and copyright infringement. 23-52.104 Patent rights. 23-52.104-1 Policy. 23-52.104-2 Patent rights clause. 23-52.105 Royalties.

Subpart 23-52.2—Data and Copyrights 23-52.200 Scope of subpart. 23-52.201 Definitions. 23-52.202 Acquisition of rights in subject

data. 23-52.202-1 Background. 23-52.202-2 Policy. 23-52.203 Contract clauses.

§ 23-51.204 Library.

The authority to make minor purchases under 41 U.S.C. 52(c)(3), and to place orders under interagency agreements, for the acquisition of newspa

AUTHORITY: 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: 33 FR 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.

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 conscnt 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.

Subpart 23-52.1-Patents

$ 23-52.102 Contract clauses.

$ 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.

§ 23-52.102-1 Authorization and consent

in contracts for research or develop

ment. (a) The clause set forth below shall be used in contracts calling for experi. mental, developmental, or research work or in contracts for both supplies and experimental, developmental, and research work where the latter work is a primary purpose of the contract.

(b) Clause:

AUTHORIZATION AND CONSENT The Government hereby gives its authori. zation 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).

§ 23-52.101 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 lowertier 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 irfringement, 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,

§ 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, or research work as a primary purpose of the contract.

(b) Clause:

AUTHORIZATION AND CONSENT The Government hereby gives its authori. zation 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 (i) 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 under authority of the Act shall be methods the use of which necessarily re- provided for in such manner that all sults from compliance by the Contractor or

information as to uses, products, procthe using subcontractor with (a) specifications or written provisions now or hereafter

esses, patents and other developments forming a part of this contract, or (b) specif.

resulting from such research develic written instructions given by the Con

oped by Government expenditure will tracting Officer directing the manner of (with such exceptions and limitations, performance. The entire liability to the if any, as the Director of the Agency Government for infringement of a patent of may find necessary in the public interthe United States shall be determined solely est) be available to the general public. by the provisions of the indemnity clauses,

The owners of any background patent if any, included in this contract or any subcontract hereunder (including any lower

relating thereto shall not be deprived, tier subcontract), and the Government as

under the authority of the Act, of sumes liability for all other infringement to such rights as they may have. the extent of the authorization and consent (b) In appropriate cases, the Direchereinabove granted.

tor may determine to permit the Con

tractor to obtain title subject to the $ 23-52.102-3 Patent indemnification.

granting of an irrevocable, royaltyIn appropriate cases a patent indem- free, nonexclusive, nontransferable linity clause for the benefit of the Gov- cense for the practice of a patented ernment shall be included in the con- discovery or invention by or on behalf tract.

of the United States, or by or on

behalf of any foreign government or § 23-52.103 Notice and assistance regard- international organization pursuant to

ing patent and copyright infringement. any treaty or other agreement with (a) Clause:

the Government of the United States.

(c) In those cases where the discovNOTICE AND ASSISTANCE REGARDING PATENT ery or subject invention relates to AND COPYRIGHT INFRINGEMENT

atomic energy, the Agency after con(a) The Contractor shall report to the

sulting with representatives of the Contracting Officer, promptly and in rea- Atomic Energy Commission will sonable written detail, each notice or claim inform the contractor of what rights, of patent or copyright infringement based

if any, he may have under any patent on the performance of this contract of

application or patent that may be used which the Contractor has knowledge.

thereon. (b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement

$ 23-52.104–2 Patent rights clause. arising out of the performance of this con- (a) The following clause shall be intraci or out of the use of any supplies fur- serted in all contracts, save in those nished or work or servires performed here

cases where the Director has made exunder, the Contractor shall furnish to the Government, when requested by the Con

ceptions or has prnvided for limitatracting Officer, all evidence and informa

tions, or which are otherwise exempt tion in possession of the Contractor pertain

under applicable law. ing to such suit or claim. Such evidence and information shall be furnished at the ex

PATENTS pense of the Government except where the (a) The Contractor agrees that it will Contractor has agreed to indemnify the promptly disclose to the Government all Government.

discoveries and inventions conceived or first (c) This clause shall be included in all sub

actually reduced to practice in the performcontracts.

ance of the work called for or required

under this contract, and that it will, upon $ 23-52.104 Patent rights.

request, assign and transfer to the United

States, as represented for this purpose by $ 23-52.104-1 Policy.

the Agency, full and entire right, title, and (a) Section 32 of the Arms Control

interest in and to such discoveries or invenand Disarmament Act (22 U.S.C. 2572)

tions, subject to the reservation of a nonex

clusive and royalty-free license to the Conrequires that all research within the

tractor: Provided, however, That the ConUnited States contracted for spon- tractor shall not make nor be entitled to sored, cosponsored, authorized (except as the Government in its sole discre

or

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