Exhibit-3-Authorization-and-Consent-BSC-CS-2008-10-16-2020.pdf
PDF 71 KB Posted
- Attached to
- Fine Radial Collimator
- Solicitation number
- PR382688
- Issued by
-
Department of Energy
About this file
This is an Authorization and Consent clause (Exhibit 3) that references FAR 52.227-1, dated October 16, 2020, document number BSD-CS-2008. The clause provides government authorization and consent for the use and manufacture of any invention covered by United States patents during contract performance, specifically when such inventions are embodied in delivered articles or used in machinery, tools, or methods required by contract specifications or contracting officer instructions.
The clause establishes that the government's liability for patent infringement is limited to provisions in any indemnity clauses within the contract or subcontracts, while the government assumes liability for other infringement within the scope of the authorization granted. Sellers must include this clause substance in all subcontracts expected to exceed the simplified acquisition threshold as defined in FAR 2.101, though omission from subcontracts at or below this threshold does not affect the authorization and consent provisions. This is a standard contract exhibit that addresses intellectual property protection rather than specifying particular products, services, or procurement requirements.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
EXHIBIT 3
AUTHORIZATION AND CONSENT
Exhibit 3 – Authorization and Consent Page 1 of 1
BSD-CS-2008
October 16, 2020 Ref: FAR 52.227-1
(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
File details come from the government source that posted it. Updated .