provisions in 41 CFR §9-9.202-3(c) and 41 CFR §9-9.202-3(e)(2) in accordance
with the policy and procedures of 41 CFR §9-9.202-1, 2 and 3.

(2) It is the responsibility of the contractor to obtain from its subcontrac-
tors technical data and rights therein, on behalf of the Government, necessary to
fulfill the contractor's obligations to the Government with respect to such data. In
the event of refusal by a subcontractor to accept a clause affording the Government
such rights, the contractor shall:

(i) Promptly submit written notice to the Contracting Officer setting forth reasons for the subcontractor's refusal and other pertinent information which may expedite disposition of the matter; and

(ii) Not proceed with the subcontract without the written authorization

of the Contracting Officer.

(d) Optional clause - Limited rights in proprietary data.

In contracts where it is determined that delivery of proprietary data is necessary with limited rights in the Government, the Rights in Technical Data clause of this section shall be supplemented by the additional paragraph (e), set forth below. Paragraph (e) provides that technical data may be specified in the contract as being excluded from the delivery requirements thereof. Alternatively, paragraph (e) may be limited or made applicable to only those classes of proprietary data determined as being necessary for delivery with limited rights. In addition, when furnishing proprietary data with the limited rights legend, subparagraphs (a), (b) and (c) thereunder may be modified as follows. When proprietary data is to be furnished only for evaluation, subparagraph (a) of the limited rights legend shall be used, and subparagraphs (b) and (c), if otherwise inapplicable, may be deleted. When there is a programmatic requirement that proprietary data be disclosed to other DOE contractors only for information or use in connection with work performed under their contracts, subparagraph (b) of the limited rights legend shall be used, and subparagraphs (a) and (c) may be deleted if otherwise inapplicable. In either of the foregoing examples, the contractor may, if he can show the possibility of a conflict of interest because of disclosure of such data to certain contractors or evaluators, exclude contractors or evaluators from subparagraphs (a) or (b). If the data is required solely for emergency repair or overhaul, subparagraph (c) of the limited rights legend shall be retained, and subparagraphs (a) and (b) may, unless otherwise applicable, be deleted. In the event that it is determined that all of the subparagraphs (a), (b) and (c) of the limited rights legend are to be deleted, the word "none" shall be inserted in the legend after the colon (:).

(e) Limited rights in proprietary data.

Except as may be otherwise specified in this contract as technical data which are not subject to this paragraph, the contractor agrees to and does hereby grant to the Government an irrevocable, nonexclusive paid-up license and right to use by or for the Government, any proprietary data of the contractor specifically used in the performance of this contract; provided, however, that to the extent that any proprietary data when furnished or delivered is specifically identified by the contractor at the time of initial delivery to the Government or a representative of the Government, such data shall not be used within or outside the Government, except as provided in the "Limited Rights Legend" set forth below. All such proprietary data shall be marked with the following "Limited Rights Legend":

LIMITED RIGHTS LEGEND

with the U.S.

if applicable) may be

This "proprietary data," furnished under Contract No.
Department of Energy (and purchase order No.
duplicated and used by the Government with the express limitations that the "pro-
prietary data" may not be disclosed outside of the Government or be used for pur-
poses of manufacture without prior permission of the contractor, except that further
disclosure or use may be made solely for the following purposes:

(a) This "proprietary data” may be disclosed for evaluation purposes under
the restriction that the "proprietary data” be retained in confidence and not be fur-
ther disclosed;

(b) This "proprietary data” may be disclosed to other contractors participating in the Government's program of which this contract is a part for information or use in connection with the work performed under their contracts and under the restriction that the "proprietary data" be retained in confidence and not be further disclosed; or

(c) This "proprietary data" may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the "proprietary data" be retained in confidence and not be further disclosed.

This legend shall be marked on any reproduction of this data in whole or in part.

$9-9.202-5 Negotiations and deviations.

Contracting Officers shall contact the field Patent Counsel assisting their procuring activity, or the Assistant General Counsel for Patents, for assistance to the Contracting Officer in selecting, negotiating, or approving appropriate data and copyright clauses in accordance with the procedures as set forth in §9-9.107–4(k). In particular, advice of Patent Counsel should be obtained regarding the appropriateness or modification of optional paragraphs (g) and (h) of the Rights in Technical Data (long form) clause, the exclusion of specific items of proprietary data from paragraph (f) in said clause, and the exclusion of the Additional Technical Data Requirements clause of §9-9.202-3(c).

PART 9-10 BONDS AND INSURANCE

$9-10.000 Scope of part.

This part implements and supplements the requirements on bonds and insurance set forth in FPR Part 1–10. Coverage relating to operating contractors is to be found in Subpart 9–50.10.

Subpart 9-10.1 Bonds

§9-10.102 Definitions.

§9-10.102-50 Fidelity bonds.

A "blanket fidelity bond" is a bond under which the obligor agrees to indemnify an employer up to an amount stated in the bond for losses caused by dishonesty on the part of all employees, except those expressly excluded by written endorsement on the bond. A blanket position fidelity bond affords the employer such protection with respect to all positions, except those expressly excluded by written endorsement on the bond. An individual fidelity bond affords the employer such protection with respect to a named individual, and a schedule fidelity bond protects the employer against the dishonesty of any employee or employees included in a schedule of named individuals.

89-10.103 Bid guarantees.

§9-10.103-1 Policy on use.

In addition to the restriction on use of bid guarantees in FPR 1-10.103–1(a), a bid guarantee may be required only for lumpsum or unit price contracts entered into as a result of formal advertising, and may not be required for negotiated contracts.

$9-10.104 Performance bonds.

$9-10.104-2 Other than construction contracts.

Situations in addition to those listed in FPR 1-10.104-2(b), which may warrant requiring a performance bond are:

(a) Where doubt exists as to the financial or technical ability of all possible suppliers; (b) Where the contractor's talent is overly concentrated in a few key personnel whose illness or departure could seriously impair the contractor's ability to perform the proposed work; (c) Where other commitments of the contractor might delay performance;

(d) Where performance of the proposed work might disrupt other operations of the contractor and impair its overall efficiency; and

(e) Where the item being manufactured is a component for another article and is required by a particular date in order to avoid delay in delivery of the end product.

$9-10.105 Payment bonds.

§9-10.105-2 Other than construction contracts.

Determinations that it is in the best interest of the Government to require payment bonds in connection with other than construction contracts may be made by the Contracting Officer on individual procurements, subject to the approval of the Head of the Procuring Activity.