Attachment F1 - Exhibit 3 Authorization and Consent.pdf
PDF 74 KB Posted
- Attached to
- Nickel Purification System
- Solicitation number
- PR485301
- Issued by
-
Department of Energy
About this file
This document is a federal contract clause titled "Authorization and Consent," referenced as FAR 52.227-1, dated October 13, 2025, under contract number BSD-CS-2008.
The clause grants the Government authorization and consent to use and manufacture any invention covered by a United States patent during contract performance or subcontract performance at any tier. This authorization applies to inventions embodied in the structure or composition of articles delivered under the contract, as well as inventions used in machinery, tools, or methods whose use necessarily results from compliance with contract specifications, written provisions, or specific written instructions from the Contracting Officer. Patent infringement liability is limited solely to the indemnity clause provisions, if any, included in the contract or subcontracts, with the Government assuming liability for all other infringement claims to the extent of the authorization granted. The Seller is required to include the substance of this clause in all subcontracts expected to exceed the simplified acquisition threshold as defined in FAR 2.101 at the time of subcontract award. However, omission of this clause from subcontracts—including those at or below the simplified acquisition threshold—does not affect the authorization and consent granted under the contract.
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Text version
Exhibit 3 Ref: FAR 52.227-1
October 13, 2025
BSD-CS-2008
AUTHORIZATION AND CONSENT
(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 Seller 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 Seller shall include the substance of this clause, including this paragraph (b), in all subcontracts that are expected to exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation (FAR) 2.101 on the date of subcontract award. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, does not affect this authorization and consent.
https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/2.101#FAR_2_101
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