Insert the following clause in solicitations and contracts in accordance with 970.2702–70:
(a) Authorization and consent. Contracting officers must include the clause at 970.5227–4, Authorization and Consent, instead of the clause at FAR 52.227–1.
(b) Notice and assistance regarding patent and copyright infringement. Contracting Officers must include the clause at 970.5227–5, Notice and Assistance Regarding Patent and Copyright Infringement, instead of the clause at FAR 52.227–2.
(c) Patent indemnity. (1) Contracting Officers must include the clause at 970.5227–6, Patent Indemnity- Subcontracts, to assure that subcontracts appropriately address patent indemnity.
(2) Normally, the clause at FAR 52.227–3 would not be appropriate for an M&O contract; however, if there is a question, such as when the mission of the contractor involves production, the Contracting Officer must consult with DOE patent counsel and use the clause where appropriate.
(d) Rights to proposal data. Contracting Officers must include the clause at FAR 52.227–23, Rights to Proposal Data (Technical), in all solicitations and contracts for the management and operation of DOE sites and facilities.
(e) Notice of right to request patent waiver. Contracting Officers must include the provision at 970.5227–9 in all solicitations for contracts for the management and operation of DOE sites or facilities.
(f) Royalties. Contracting Officers must include the solicitation provision at 970.5227–7, Royalty Information, and the clause at 970.5227–8, Refund of Royalties, instead of the provision at FAR 52.227–6 and the clause at FAR 52.227–9, respectively.
Royalty Information (DEC 2000)
(a) Cost or charges for royalties. If the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:
(1) Name and address of licensor;
(2) Date of license agreement;
(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable;
(4) Brief description, including any part or model numbers of each contract item or component on which the royalty is payable;
(5) Percentage or dollar rate of royalty per unit;
(6) Unit price of contract item;
(7) Number of units; and
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the contract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents or other basis upon which the royalty may be payable.
(End of provision)
NONE