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The Agency has a statutory obligation to insure the acquisition of a fund of theoretical and practical knowledge regarding arms control and disarmament particularly by means of research, development, and other studies. The acquisition of such a fund of knowledge is accomplished in part by contracting for research in a particular field of arms control or of disarmament which results in a final report. These reports, if unclassified or free of information authorized by law to be withheld from the general public, can be made available to the general public either by duplication or publication. Publications can be accomplished by the Government itself, or by Government consent to publication by the contractor. In the light of the foregoing, the need for acquisition of rights in data is clear.

§ 23-52.202-2 Policy.

(a) It is the policy of the United States Arms Control and Disarmament Agency to acquire such data and rights in data as will permit the Agency to fulfill its statutory obligations. Ordinarily these obligations will be satisfied by the acquisition of unlimited rights. However such unlimited rights are not normally incompatible with retention by the contractor of entitlement to any copyright that he may wish to seek.

(b) Commercial organizations may have a valid economic interest in data they have developed at their own expense for competitive purposes. Such data, particularly data which discloses details of design or manufacture is often closely held because its disclosure to competitiors could jeopardize the competitive advantage it was developed to provide. Public disclosure of such data can cause economic hardship to the originating organization.

(c) The Government must not be barred from acquiring such data and such rights therein, limited or unlimited, as it needs even though that data

may normally not be disclosed in commercial practice. Moreover, when the Government pays for research and development which produces new knowledge, products or processes, it has an obligation to foster technological progress through wide dissemination of the new and useful information derived from such work and, where practicable, provide competitive opportunities for supplying the new products and utilizing the new processes.

(d) The Government and the contractor may enter into an agreement to be incorporated in the contract which shall list or describe that data which is proprietary and the specific rights therein being acquired by the Government.

§ 23-52.203 Contract clauses.

(a) The clause set forth in paragraph (b) shall be inserted in all contracts requiring the delivery of Subject Data. The clause is not applicable to the acquisition of rights in such special works as movies or video tape for television. Normally the Government will acquire all rights and title to such special works and be the sole proprietor.

(b) Basic subject data clause.

DATA

(a) The term "Subject Data" as used herein includes all writings, technical information, and graphic or recorded material; and all information as to uses, products, processes, patents, inventions, and other materials (developed under the contract) specified to be delivered under this contract, whether or not copyrighted. The term does not include financial reports, cost analyses, and other information incidental to contract administration.

(b) The Contractor agrees to and does hereby grant to the Government a royaltyfree, nonexclusive, and irrevocable license throughout the world to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all Subject Data now or hereafter covered by copyright: Provided, That with respect to the Subject Data now or hereafter covered by copyright. and not originated in the performance of this contract, such license shall be only to the extent that the Contractor, its employees, or any individual or concern specifically employed or assigned by the Contractor to originate and prepare such Data under this contract, now has, or prior to completion or final settlement of this contract may ac

quire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant.

(c) The Government may use, duplicate, or disclose in any manner and for any purpose whatsoever, and have others so do, all or any part of the Subject Data delivered by the Contractor to the Government under this contract.

(d) The Contractor shall exert all reasonable effort to advise the Contracting Officer, at the time of delivery of such Subject Data, (i) of any invasions of the right of privacy contained therein and (ii) of all portions of such data copied from work not composed or produced in the performance of this contract. The Contractor shall also report to the Contracting Officer, promptly and in reasonably complete detail, each notice or claim of copyright infringement received by the Contractor with respect to all such Subject Data delivered under this contract.

(e) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or any other right otherwise granted to the Government under any patent.

(f) The Government may modify, remove, obliterate, or ignore any marking not authorized by the terms of this contract on any subject data furnished hereunder, if

(i) The Contractor fails to respond within sixty (60) days to a written inquiry by the Government concerning the propriety of the use of the marking; or

(ii) The Contractor's response fails to substantiate his contention that the use of the marking is authorized, in which case the Government shall give written notice to the Contractor.

(g) Inclusion in subcontracts. Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions identical to those contained in this clause in all subcontracts under this contract, unless previously authorized in writing by the Contracting Officer to vary

the terms of the data clause to be included in the subcontract.

(c) The clause set forth in paragraph (b) of this section may be varied to permit the acquisition of limited rights in data in which an independent and valid proprietary interest exists.

(d) The clause set forth in paragraph (b) of this section may be amended by the addition of the following paragraph where publication by a third party of the subject data of the contract can be anticipated and where the third party will obtain the copyright. The clause, as amended, may be inserted in contracts where such use, in the opinion of the Contracting Officer, would be appropriate.

(h) The Contractor agrees that in the event of (i) an assignment of his rights in copyrighted matter hereunder to any third party or (ii) an assignment of rights in the subject data to any third party pursuant to which the assignee may secure a statutory copyright in his own name, the Contractor shall include in any such assignment provisions protecting the Government's rights in the subject data. Accordingly, the Contractor will not grant an exclusive license to the copyrighted matter to any third party, or assign the copyright to any third party without exempting therefrom and confirming therein the Government's existing license. In the event of the assignment of the Contractor's rights in the subject data hereunder which are not yet copyrighted, the Contractor will include provisions pursuant to which the assignee (i) will be notified of the Government's existing rights in the subject data under this contract and in addition, (ii) shall be obligated upon the issuance of any copyright to send to ACDA written confirmation of the Government's license to the copyrighted matter. This obligation of the Contractor to protect in any assignment the rights of the Government shall survive the expiration of the contract.

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SOURCE: 41 FR 55796, Dec. 22, 1976, unless otherwise noted.

§ 24-1.000 Scope of part.

This part describes the method by which the Department of Housing and Urban Development (HUD) implements, supplements and deviates from the Federal Procurement Regulations (FPR) through the establishment of the HUD Procurement Regulations (HUDPR), which prescribes the Department's procurement policies and procedures under the FPR System, in terms of authority, applicability, issuance and arrangement.

Subpart 24-1.1-Regulation System

§ 24-1.101 Scope of subpart.

This subpart establishes the Department of Housing and Urban Development Procurement Regulations (HUDPR) and states their relationship to the FPR System. It also provides the explanation of their purpose and the authorities under which they are issued.

§ 24-1.102 Purpose.

The Department of Housing and Urban Development Procurement Regulations (HUDPR) are hereby established as Chapter 24 of the Federal Procurement Regulations System (41 CFR Chapter 24) and are issued to provide uniform Departmental policies and procedures for the procurement of supplies, personal property and nonpersonal services as defined in HUDPR 24-1.202 by the Department's procuring activities and to make these policies and procedures readily available to Departmental personnel and to the public.

§ 24-1.103 Authority.

The HUDPR are prescribed by the Assistant Secretary for Administration under section 7(d) of the Department of HUD Act (42 U.S.C. 3535(d)), section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c)), and under the Secretary's delegation effective January 19, 1976, 41 FR 2665.

§ 24-1.104 Applicability.

All procurement of personal property and nonpersonal services (including construction) on behalf of the Secretary, except as may be otherwise authorized by law, must be accomplished in accordance with the HUDPR and the FPR:

(a) HUDPR implement, supplement, and in some instances may deviate from the FPR. Except as necessary to assure continuity or understanding, FPR material will not be repeated, paraphrased, or otherwise restated in HUDPR.

(b) Where HUDPR contain no material implementing the FPR, the FPR will govern.

(c) Except as specifically provided for herein, the HUDPR does not apply to the placement and administration of grants.

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