Alternate VI (December 2024) As prescribed at 927.409(b)(1)(ix), Requiring license rights that are deemed necessary, the Patent Counsel should supplement the clause at FAR 52.227–14, Rights in Data— General, with Alternate VI, as provided at 952.227–14, Rights in Data—General, which will normally be sufficient to cover limited rights data and restricted computer software for items and processes used in the contract and necessary to ensure widespread commercial use or practical utilization of a subject of the contract. The phrase ‘‘subject of the contract’’ in Alternate VI is intended to limit licensing to the fields of technology specifically contemplated under the contract; the phrase may be replaced by a more specific statement of the fields of technology intended to be covered in the manner described in the clause at 952.227–13, Patent Rights—Ownership by the Government.
Insert Alternate VI to require the contractor to license data regarded as limited rights data or restricted computer software to the Government and third parties at reasonable royalties upon request by the Department of Energy.
Alternate VII (December 2024) As prescribed in 927.409(b)(1),
(b)(1) However, the rights in data in specific situations will be treated as described, where the contract is—
(i) For the production of special works of the type set forth in FAR 27.405–1, the Patent Counsel shall insert the clause at FAR 52.227–17, Rights in Data- Special Works, including Alternate I. The clause at FAR 52.227–14, Rights in Data-General, may be included in the contract and made applicable to data other than special works, as appropriate (see paragraph (e) of FAR 27.409);
(ii) For the acquisition of existing data works, as described in FAR 27.405–2 (see paragraph (f) of FAR 27.409);
(iii) To be performed outside the United States, its possessions, and Puerto Rico, in which case agencies may prescribe different clauses (see paragraph (i) of FAR 27.409);
(iv) For architect-engineer services or construction work, in which case the Patent Counsel shall utilize the clause at FAR 52.227–17, Rights in Data-Special Works, including Alternate I;
(v) A Small Business Innovation Research contract (see paragraph (h) of FAR 27.409);
(vi) For management and operation of a DOE facility (see 970.2704) or other contracts involving the production of data necessary for the management or operation of DOE facilities or a DOE site, certain decontamination and decommissioning activities, or the building and/or operation of other DOE facilities, after consultation with Patent Counsel (see 927.402–1(b));
(vii) Awarded pursuant to a statute expressly providing authority for the protection of data first produced thereunder from disclosure or dissemination. (see 927.404–70);
(viii) For basic or applied research with educational institutions (other than those in which software is specified for delivery unless the software will be released as open source software or other special circumstances exist), the Patent Counsel may use the clause at FAR 52.227–14 with its Alternate IV instead of Alternate VIII of the clause at FAR 952.227–14, Rights in Data- General;
(ix)(A) Requiring license rights that are deemed necessary, the Patent Counsel should supplement the clause at FAR 52.227–14, Rights in Data— General, with Alternate VI, as provided at 952.227–14, Rights in Data—General, which will normally be sufficient to cover limited rights data and restricted computer software for items and processes used in the contract and necessary to ensure widespread commercial use or practical utilization of a subject of the contract. The phrase ‘‘subject of the contract’’ in Alternate VI is intended to limit licensing to the fields of technology specifically contemplated under the contract; the phrase may be replaced by a more specific statement of the fields of technology intended to be covered in the manner described in the clause at 952.227–13, Patent Rights—Ownership by the Government.
(B) Where limited rights data and restricted computer software are the main purpose or basic technology of the research, development, or demonstration effort of the contract (rather than subcomponents, products, or processes ancillary to the contract effort), the limitations in paragraphs (k)(1) through (4) of Alternate VI of the clause at 952.227–14 should be supplemented or deleted. Paragraph (k) of Alternate VI further provides that limited rights data or restricted computer software may be specified in the contract as being excluded from or not subject to the licensing requirements. This exclusion is implemented by limiting the applicability of the provisions of paragraph (k) of Alternate VI to only those classes or categories of limited rights data and restricted computer software determined essential for licensing. Although contractor licensing may be required under paragraph (k) of Alternate VI, the final resolution of questions regarding the scope of such licenses and the terms thereof, including provisions for confidentiality, and reasonable royalties, is left to the negotiation between the contractor and the Contracting Officer; or
(x) Where the contractor has access to certain categories of DOE-owned Category C–24 restricted data, as set forth in 10 CFR part 725, Alternate VII of 952.227–14, Rights in Data-General, shall be used. DOE has reserved the right to receive reasonable compensation for the use of its inventions and discoveries, including its related data and technology. In addition, in any other types of contracting situations in which the contractor may be given access to restricted data owned by DOE, appropriate limitations on the use of such data must be specified.
Substitute the following for paragraph (b)(2)(i) of the clause at FAR 52.227–14:
Alternate VIII (December 2024) As prescribed in 927.409(a), the contracting officer shall insert the clause at FAR 52.227–14, Rights in Data-General, and supplement it with Alternates I and V of FAR 52.227–14 and Alternate VIII of FAR 952.227–14, Rights in Data-General, in solicitations and contracts if it is contemplated that data will be produced, furnished, or acquired under the contract. Generally, a contract should contain only one data rights clause. However, where more than one is needed as prescribed in paragraph (b) of this section, the contact should distinguish the portion of contract performance to which each pertains.
Substitute the following for paragraph (c)(1)(i) of the clause at FAR 52.227–14:
Rights in data-general. (Dec 2024)
Alternate VI (December 2024) As prescribed at 927.409(b)(1)(ix), insert Alternate VI to require the contractor to license data regarded as limited rights data or restricted computer software to the Government and third parties at reasonable royalties upon request by the Department of Energy.
(k) Contractor licensing. Except as may be otherwise specified in this contract as data not subject to this paragraph, the contractor agrees that upon written application by DOE, it will grant to the Government and responsible third parties, for purposes of practicing a subject of this contract, a nonexclusive license in any limited rights data or restricted computer software on terms and conditions reasonable under the circumstances including appropriate provisions for confidentiality; provided, however, the contractor shall not be obliged to license any such data if the contractor demonstrates to the satisfaction of the Secretary of Energy or designee that:
(1) Such data are not essential to the manufacture or practice of hardware designed or fabricated, or processes developed, under this contract;
(2) Such data, in the form of results obtained by their use, have a commercially competitive alternate available or readily introducible from one or more other sources;
(3) Such data, in the form of results obtained by their use, are being supplied by the contractor or its licensees in sufficient quantity and at reasonable prices to satisfy market needs, or the contractor or its licensees have taken effective steps or within a reasonable time are expected to take effective steps to so supply such data in the form of results obtained by their use; or
(4) Such data, in the form of results obtained by their use, can be furnished by another firm skilled in the art of manufacturing items or performing processes of the same general type and character necessary to achieve the contract results.
(End of alternate)
Alternate VII (December 2024) As prescribed in 927.409(b)(1), substitute the following for paragraph (b)(2)(i) of the clause at FAR 52.227–14:
(b)(2)(i) Assert copyright in data first produced in the performance of this contract (except Restricted Data in category C–24, 10 CFR part 725, in which DOE has reserved the right to receive reasonable compensation for the use of its inventions and discoveries, including related data and technology) to the extent provided in paragraph (c)(1) of this clause.
(End of alternate)
Alternate VIII (December 2024) As prescribed in 927.409(a), substitute the following for paragraph (c)(1)(i) of the clause at FAR 52.227–14:
(c) Copyright—(1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph
(d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the DOE Patent Counsel is required to assert copyright in all other data first produced in the performance of this contract. When such permission is granted, the DOE Patent Counsel shall specify appropriate terms, conditions, and submission requirements to assure utilization, dissemination, and commercialization of the data. The Contractor, when requested, shall promptly deliver to Patent Counsel a duly executed and approved instrument fully confirmatory of all rights to which the Government is entitled.
(End of alternate)
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