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(d)

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 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. limited rights in proprietary data.

Optional clause

the

In contracts where it is determined that delivery of proprietary data is necessary with limited rights in the Government, 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 subparagrpahs (b) and (c), if otherwise inapplicable, may be deleted. When there is a programmatic requirement that proprietary data be disclosed to other ERDA 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 subpargraphs (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,

90-136 77 - 23

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 indentified 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

This "proprietary data", furnished under Contract No.
with the U.S. Energy Research and Development Administra-
tion
(and purchase order No.
if appli-
cable) may be duplicated and used by the Government with
the express limitations that the "proprietary data" may not
be disclosed outside of the Government or be used for
purposes 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 further 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

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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

exte particular, advice of patent counsel should be obtained regarding the appropriateness or modification of optional paragraphs (g) and (h) of

me 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 te of $9-9.202-3(c).

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Subpart 9-10.50 Indemnification of ERDA Contractors (continued)

9-10.5003

9-10.5004

9-10.5005

9-10.5006

9-10.5007

9-10.5008

9-10.5009 9-10.5010 9-10.5011

Statutory Indemnity section 170d of the Atomic

Energy Act of 1954, as amended.

Authority of heads of procuring activities to negotiate statutory indemnity agreements.

Substantial nuclear incident.

Statutory indemnity contract article.

Contractual assurance.

"Representation" for use in subcontracts and purchase

orders of prime contractor holding statutory indemnity agreement.

Fees.

Financial protection requirements.
General contract authority indemnity.

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