Difference between revisions of "FAR 52.227-1 - Authorization and Consent"

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m (Marshall moved page FAR 52.227-1 to FAR 52.227-1 - Authorization and Consent without leaving a redirect)
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{{ContractClause
 
{{ContractClause
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|EffectiveDate=2007/12/01
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|ClauseorProvision=Clause
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|ProvisionClauseNumberAlternate=52.227-1
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|Prescribedin=27.201-2(a)(1)
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|TypePurposeContract=Fixed Price Service -A; Cost Reimbursement Supply -A; Fixed Price Supply -A; Cost Reimbursement Service -O; Fixed Price Construction -A; Cost Reimbursement Construction -A; Time and Materials/Labor Hour -O; Leasing of Motor Vehicles -O; Communication Services -A; Dismantling, Demolition, or Removal of Improvements -A; Architect-Engineering -A; Facilities -A; Indefinite Delivery -A; Simplified Acquisition Procedures -O; Utility Services -O
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|ProvisionClauseDescription=-
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|FARClauseOverview='''(a)''' The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent—
 +
*(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or
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*(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. the entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.
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 +
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'''(b)''' The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are expected to exceed the simplified acquisition threshold. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, does not affect this authorization and consent.
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==Alternates==
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===Alternate I (Apr 1984)===
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As prescribed in 27.201-2(a)(2), substitute the following paragraph (a) for paragraph (a) of the basic clause:
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(a) The Government authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the performance of this contract or any subcontract at any tier.
 +
 +
===Alternate II (Apr 1984)===
 +
As prescribed in 27.201-2(a)(3), substitute the following paragraph (a) for paragraph (a) of the basic clause:
 +
(a) The Government authorizes and consents to all use and manufacture in the performance of any order at any tier or subcontract at any tier placed under this contract for communication services and facilities for which rates, charges, and tariffs are not established by a government regulatory body, of any invention described in and covered by a United States patent—
 +
*(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or
 +
*(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with specifications or written provisions forming a part of this contract or with specific written instructions given by the Contracting Officer directing the manner of performance.
 +
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|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
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|IncorporatedbyReference=Yes
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|UniformContractFormat=I
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|Editor=Marshall
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/31
 
|HasTermDate=2014/03/31
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|EffectiveDate=
 
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|ClauseorProvision=Clause
 
 
|ProvisionClauseNumber=52.227-1
 
|ProvisionClauseNumber=52.227-1
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|ProvisionClauseNumberAlternate=52.227-1
 
 
|RegulationSection=27
 
|RegulationSection=27
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|Prescribedin=27.201-2(a)(1)
 
 
|FunctionalTopicalArea=
 
|FunctionalTopicalArea=
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|CCSubject=
 
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|ProvisionClauseDescription=Authorization and Consent.
 
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|ProcurementType=
 
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|ContractThreshold=
 
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|FARClauseOverview=
 
 
|FARCitation=
 
|FARCitation=
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|ImportantNotesRequirements=
 
 
|ImportantCaseLaw=
 
|ImportantCaseLaw=
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|SubcontractThreshold=
 
 
|FlowClauses=
 
|FlowClauses=
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|IncorporatedbyReference=Yes
 
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|UniformContractFormat=I
 
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|TypePurposeContract=Fixed Price Supply -A;Cost Reimbursement Supply -A;Fixed Price Service -A;Cost Reimbursement Service -O;Fixed Price Construction -A;Cost Reimbursement Construction -A;Time and Materials/Labor Hour -O;Leasing of Motor Vehicles -O;Communication Services -A;Dismantling, Demolition, or Removal of Improvements -A;Architect-Engineering -A;Facilities -A;Indefinite Delivery -A;Simplified Acquisition Procedures -O;Utility Services -O;
 
 
}}
 
}}

Revision as of 09:01, 12 June 2014

***

Contents

Prescribed in 27.201-2(a)(1)

Effective Date:1 December 2007
Clause or Provision:Clause
Provision or Clause Number: 52.227-1 - Authorization and Consent
Principle Type And/Or Purpose of Contract:
Required:
Applicable:Fixed Price Service; Cost Reimbursement Supply; Fixed Price Supply; Fixed Price Construction; Cost Reimbursement Construction; Communication Services; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; 
Optional:Cost Reimbursement Service; Time and Materials/Labor Hour; Leasing of Motor Vehicles; Simplified Acquisition Procedures; Utility Services; 
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:
Clause Overview:

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent—

  • (1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or
  • (2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. the entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.


(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are expected to exceed the simplified acquisition threshold. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, does not affect this authorization and consent.

Alternates

Alternate I (Apr 1984)

As prescribed in 27.201-2(a)(2), substitute the following paragraph (a) for paragraph (a) of the basic clause: (a) The Government authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the performance of this contract or any subcontract at any tier.

Alternate II (Apr 1984)

As prescribed in 27.201-2(a)(3), substitute the following paragraph (a) for paragraph (a) of the basic clause: (a) The Government authorizes and consents to all use and manufacture in the performance of any order at any tier or subcontract at any tier placed under this contract for communication services and facilities for which rates, charges, and tariffs are not established by a government regulatory body, of any invention described in and covered by a United States patent—

  • (1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or
  • (2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with specifications or written provisions forming a part of this contract or with specific written instructions given by the Contracting Officer directing the manner of performance.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.

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