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royalties, license fees, patent or license authorization costs, or the like, for the use of or for rights in patents or patent applications.

(b) Cost-type contracts shall include the clause set forth below, unless it has been determined that no royalties are likely to be paid by the contractor.

ROYALTIES

Payment by the Contractor of any sum for royalties or for patent rights not included in the ordinary purchase price of standard commercial supplies shall not constitute items of allowable cost hereunder, unless and until approved by the Contracting Officer. Reimbursement to the Contractor on account of any such payments shall not be construed as an admission by the Govern. ment of the enforceability, validity or scope of, or title to any of the patents involved, nor shall any such reimbursement constitute a waiver of any rights or defenses respecting such patents.

Subpart 23-52.2—Data and

Copyrights

tion may grant any rights) such reservation as to any discovery or invention involving production or utilization of special nuclear material or atomic energy within the purview of the Atomic Energy Acts of 1946 and of 1954 (as amended): And, provided further, That in the absence of any request by the Agency for such an assignment and transfer of entire right, title, and interest, the Contractor agrees in any event that it will grant an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice throughout the world, by or on behalf of the United States or by or on behalf of any foreign government or international organization pursuant to any treaty or other agreement with the Government of the United States, of each such discovery or invention.

(b) The Contractor warrants that it has or will obtain full authority to effectuate the purposes of paragraph (a) of this clause from all persons who perform any part of The work under this contract, except such clerical and manual labor personnel as will not have access to technical data.

(c) If to the best of the Contractor's knowledge and belief no inventions have been conceived or first actually reduced to practice during and as a result of the performance of the work under this contract, the Contractor shall so certify to the Contracting Officer upon conclusion of the work. Nothing contained in this or any other clause hereof shall be deemed to grant any rights to the Government under any invention other than an invention conceived or first actually reduced to practice during and as a result of the performance of the work under this contract.

(d) Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to those contained in this clause in all subcontracts under this contract.

(e) No claim for pecuniary award or compensation under the provisions of the Atomic Energy Acts of 1946 and of 1954 (as amended) shall be asserted by the Contractor or his employees with respect to any discovery or invention covered by this clause.

(b) In appropriate cases, such as where an industry-wide cross-license is made as a common practice, the clause set forth in paragraph (a) of this section may be amended as a result of the contract negotiations to permit the contractor to reserve to himself a license broad enough to include such cross-licensing.

$ 23-52.200 Scope of subpart.

This subpart sets forth policies, instructions, and contract clauses with respect to acquisition of rights in data and copyrights. It relates only to the acquisition of rights in data and does not establish requirements for data.

$ 23-52.201 Definitions.

For the purposes of this subpart the following terms have the meanings set forth below:

(a) “Data" means writings, sound recordings, pictorial reproductions, drawings, or other graphic representations and works of similar nature, whether or not copyrighted. The term does not include financial reports, cost analyses, and other information inci. dental to contract administration.

(b) “Limited rights” means right to use, duplicate, or disclose su ect or other specified data in whole or in part by or for the Government, with the express limitation that such data may not be released outside the Government except as may be specifically authorized in the contract or in another writing by the contractor.

(c) “Subject Data" means all writings, technical information, graphic or

$ 23-52.105 Royalties.

(a) The term "royalties" refers to any costs or charges in the nature of

recorded material; and all information (b) Commercial organizations may as to uses, products, processes, pat- have a valid economic interest in data ents, inventions, and other materials they have developed at their own exdeveloped under the contract; speci- pense for competitive purposes. Such fied to be delivered under the con- data, particularly data which discloses tract, whether or not copyrighted. The details of design or manufacture is term does not include financial re- oíten closely held because its discloports, cost analyses, and other infor- sure to competitiors could jeopardize mation incidental to contract adminis- the competitive advantage it was detration.

veloped to provide. Public disclosure of (d) “Unlimited rights” means rights

such data can cause economic hardto use, duplicate, or disclose subject or

ship to the originating organization. other specified data in whole or in

(c) The Government must not be part, in any manner and for any pur

barred from acquiring such data and pose whatsoever, and to have or

such rights therein, limited or unlimitpermit others to do so.

ed, as it needs even though that data

may normally not be disclosed in com§ 23-52.202 Acquisition of rights in subject

mercial practice. Moreover, when the data.

Government pays for research and de

velopment which produces new knowl$ 23-52.202-1 Background.

edge, products or processes, it has an The Agency has a statutory obliga

obligation to foster technological protion to insure the acquisition of a fund

gress through wide dissemination of

the new and useful information de. of theoretical and practical knowledge

rived from such work and, where pracregarding arms control and disarmament particularly by means of re

ticable, provide competitive opportuni

ties for supplying the new products search, development, and other studies. The acquisition of such a fund of

and utilizing the new processes.

(d) The Government and the conknowledge is accomplished in part by

tractor may enter into an agreement contracting for research in a particu

to be incorporated in the contract lar field of arms control or of disarma

which shall list or describe that data ment which results in a final report.

which is proprietary and the specific These reports, if unclassified or free of

rights therein being acquired by the information authorized by law to be

Government. withheld from the general public, can be made available to the general $ 23-52.203 Contract clauses. public either by duplication or publi

(a) The clause set forth in paracation. Publications can be accom

graph (b) shall be inserted in all conplished by the Government itself, or

tracts requiring the delivery of Subby Government consent to publication

ject Data. The clause is not applicable by the contractor. In the light of the

to the acquisition of rights in such foregoing, the need for acquisition of

special works as movies or video tape rights in data is clear.

for television. Normally the Govern

ment will acquire all rights and title to $ 23-52.202-2 Policy.

such special works and be the sole pro(a) It is the policy of the United prietor. States Arms Control and Disarma- (b) Basic subject data clause. ment Agency to acquire such data and rights in data as will permit the

DATA Agency to fulfill its statutory obliga- (a) The term “Subject Data" as used tions. Ordinarily these obligations will herein includes all writings, technical inforbe satisfied by the acquisition of un

mation, and graphic or recorded material; limited rights. However such unlimit

and all information as to uses, products, ed rights are not normally incompati

processes, patents, inventions, and other

materials (developed under the contract) ble with retention by the contractor of

specified to be delivered under this contract, entitlement to any copyright that he

whether or not copyrighted. The term does may wish to seek.

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 acquire, 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) Thc 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 provi. sions 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 li. cense. 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.

CHAPTER 24—DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

Part
24-1 General.........
24-2 Procurement by formal advertising
24-3 Procurement by negotiation.
24-4 Special types and methods of procureme
24-7 Contract clauses...........
24-11 Federal, State, and local taxes
24-13 Government property
24-16 Procurement forms ....
24-30 Contract financing
24-50 Contract administration.....

Page 70 81 90 102 104 108 108 114 115 116

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24-1.201 Scope of subpart. 24-1.202 Definitions. 24-1.202-1 Department. 24-1.202-2 Secretary. 24-1.202-3 Chief officer responsible for

procurement. 24-1.202-4 Procuring activity. 24-1.202-5 Head of procuring activity. 24-1.202-6 Contractor. 24-1.202-7 Subcontractor. 24-1.202-8 Supplies and property. 24-1.202-9 Personal services. 24-1.202-10 Nonpersonal services. 24-1.202-11 Ratification. 24-1.202-12 Primary organization heads.

Subpart 24-1.3—General Policies

24-1.700 General. 24-1.702 Small business policies. 24-1.705 Small business advisor. 24-1.706 Small business specialist. 24-1.707 Procedures for initiating set

asides by the small business specialist(s). 24-1.708 Review of set-aside recommenda

tions initiated by small business

specialist(s). 24-1.709 Withdrawal or modification of

set-asides. 24-1.709-50 Small business class set-aside

for construction, including repair and

reconditioning. 24-1.709-51 Review of class set-aside pro

gram for construction, including repair

and reconditioning. 24-1.713 HUD contracts with the Smail

Business Administration. 24-1.714 HUD responsibilities and func

tions pursuant to section 8(a) of the

Small Business Act. 24-1.715 HUD contracts with minority

business firms. 24-1.715-1 Applicability and scope. 24-1.715-2 Authority. 24-1.715-3 Policy. 24-1.715-4 Certification of status as a mi

nority business enterprise.

24-1.301 Scope of subpart. 24-1.302 Procurement sources. 24 302-1 General. 24-1.302-3 Contracts between the Depart

ment and Government employees. 24-1.313 Records of contract actions. 24-1.318 Disputes. 24-1.318-1 Disputes clause. 24-1.318-2 Contracting officer's decision

under a disputes clause. 24-1.318-3 HUD Board of Contract Ap

peals.

Subpart 24-1.4-Procurement Responsibility

and Authority

Subpart 24-1.50—Criteria for the Use of

Grants or Contracts for Research

24-1.400 Scope of subpart. 24-1.402 Responsibility of the Chief Offi

cer responsible for procurement. 24-1.404 Selection, designation and termi

nation of designation of contracting offi

cers. 24-1.404-1 Selection. 24-1.404-2 Designation. 24-1.404-3 Termination of designation.

24-1.5000 Scope of subpart. 24-1.5001 Policy. 24-1.5002 Criteria for use of grants and

contracts. AUTHORITY: Sec. 7(d), Dept. of HUD Act (42 U.S.C. 3535(d))..

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