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(v) The right to remove, cancel, correct, or ignore any marking not authorized by the terms of this contract on any technical data furnished hereunder, if upon delivery of the data the propriety of such markings is not substantiated by the Contractor, in writing, to the satisfaction of the Contracting Officer. The Contractor will be notified of any such action contemplated under this subparagraph (b)(v), and which will be taken if the Contractor fails to respond thereto so as to substantiate the propriety of the markings within 60 days.

(2) The Contractor shall have:

(i) The right to withhold its proprietary data, subject to the provisions of this clause.

(ii) The right to use for its private purposes, subject to patent, security, or other provisions of this contract, technical data it first produces in the performance of this contract provided the data requirements of this contract have been met as of the date of the private use of such data. The Contractor agrees that to the extent it receives or is given access to proprietary data or other technical, business, or financial data in the form of recorded information from OWRT or an OWRT Contractor or subcontractor, the Contractor shall treat such data in accordance with any restrictive legend contained thereon, unless use is specifically authorized by prior written approval of the Contracting Officer.

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

(c) Copyrighted material. (1) The Contractor agrees not to, without prior written authorization of the Contracting Officer, establish a claim to statutory copyright in any technical data first produced in the performance of the contract, and warrants that anyone who authors such contract data will have agreed, in writing to the same. To the extent such authorization is granted, the Government reserves for itself and others acting on its behalf at least a nonexclusive, irrevocable, royalty-free, worldwide license for Governmental purposes to publish, distribute, translate, duplicate, exhibit, and perform any such data copyrighted by the Contractor.

(2) The Contractor agrees not to include in the technical data delivered under the contract any material copyrighted by the Contractor and not to knowingly include any material copyrighted by others without first granting or obtaining at no cost to the Government a license therein for the benefit of the Government of the same scope as set forth in paragraph (c)(1) above. If the Contractor believes that such copyrighted material for which the license cannot be obtained must be included in the technical

data to be delivered, rather than merely incorporated therein by reference, the Contractor shall obtain the written authorization of the Contracting Officer to include such material in the technical data prior to its delivery.

(d) Subcontracting. (1) Unless otherwise directed by the Contracting Officer, the Contractor agrees to use in subcontracts having as a purpose the conduct of research, development, or demonstration or in subcontracts for supplies, the contract clause provisions in 41 CFR 14R-9.202-3(c) and 41 CFR 14R-9.202-3(e)(2) in accordance with the policy and procedures at 41 CFR 14R-9.202-1, 2, and 3.

(2) It is the responsibility of the Contractor to obtain from its subcontractors rights, on behalf of the Government, in technical data 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 he 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 requirement 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 OWRT 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 such 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 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 a nonexclusive, irrevocable, paidup 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 otherside 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:"

Order No.

if applicable), may be duplicated and used by the Government with the express limitations that the “propri. etary data" may not be disclosed outside 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.

These restrictions shall terminate three (3) years from the date of submittal stated in this notice.

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

8 14R-9.202–5 Negotiations and deviations.

Contracting Officers shall contact the Solicitor 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 § 14R9.107-4(k). In particular, advice of the Solicitor should be obtained regarding the appropriateness of modification of 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 $ 14R-9.202-3(c).

LIMITED RIGHTS LEGEND This “proprietary data,” furnished under Contract No.-- with the Office of Water Research and Technology, United States Department of the Interior (and Purchase



Part 15-1 15-2 15-3 15-4 15-7 15-9 15-12 15-15 15-16 15-19 15-26 15-30 15-60

Procurement by formal advertising ...
Procurement by negotiations ..............
Special types and methods of procurement
Contract clauses................
Patents, data, and copyrights..
Contract cost principles and procedures
Procurement forms ............
Transportation (Reserved]
Contract modifications.....
Contract financing
Government property.

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15-1.600 Scope of subpart. 15-1.602 Establishment, maintenance, and

distribution of a list of concerns or individuals debarred, suspended, or declared

ineligible. 15-1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 15-1.603 Treatment to be accorded firms

and individuals in debarred, suspended,

or ineligible status. 15-1.604 Causes and conditions applicable

to determination of debarment. 15-1.604-1 Procedural requirements relat

ing to the imposition of debarment. 15-1.605 Suspension of bidders. 15-1.605-1 Causes and conditions applica

ble to determination of suspension. 15-1.605-3 Notice of suspension. 15-1.605-4 Hearings. 15-1.606 Agency procedures.

Subpart 15-1.57—Options 15-1.5700 Scope of subpart. 15-1.5701 Definition of options. 15-1.5702 Applicability. 15-1.5703 Procedures. 15-1.5704 Exercise of options. 15-1.5705 Examples of option articles for

fixed price type contracts. 15-1.5706 Examples of option articles for

cost reimbursement contracts. AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended; 40 U.S.C. 486(c), unless otherwise noted..

8 15-1.000 Scope of part.

(a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations applicable to the civilian agencies of the Government. This part establishes a system of Environmental Protection Agency (EPA) regulations (EPPR) for the codification and publication of policies and procedures of EPA which

Subpart 15-1.7—Small Business Concerns

15-1.704 Agency program direction and op


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8 15-1.003 Authority.

The EPPR are prescribed by either the Administrator under the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 471 et seq., or the Assistant Administrator for Planning and Management under a delegation of authority from the Administrator. (5 U.S.C. 301; 40 U.S.C. 486(c)) (43 FR 59068, Dec. 19, 1978)

§ 15-1.008 Agency implementation.

EPPR will implement, supplement, or deviate from the FPR when a procedure different than indicated in FPR is required. Implementing material expands upon or indicates the manner of compliance with related FPR. Supplementing material has no counterpart in FPR Deviating material is defined in § 1-1.009 of this title. Where EPPR does not implement, supplement, or deviate from the FPR, the latter shall be applicable as issued. Deviations from FPR and EPPR will be processed in accordance with $ 151.009-2 prior to publication.

8 15-1.004 Applicability.

EPPR apply to all offices in EPA to the extent indicated unless otherwise provided by law. EPPR apply to procurements made within and outside the United States unless otherwise specified.

$ 15-1.009 Deviation.

$ 15-1.006 Issuance.

8 15-1.006-1 Code arrangement.

EPPR are issued in the Code of Federal Regulations as Chapter 15 of Title 41, Public Contracts and Property Management.

8 15-1.009-1 Description.

The term "deviation" as used in this Chapter 15 is defined in the same manner as described in FPR 1-1.009-1.

(5 U.S.C. 301) [42 FR 63783, Dec. 20, 1977)

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