Exhibit-4-Authorization-and-Consent-BSD-CS-2009-2025.10.13 (1).pdf
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- Solicitation number
- PR437816
- Issued by
-
Department of Energy
About this file
This is a Department of Energy (DOE) Authorization and Consent clause (DEAR 970.5227-4) applicable to federal contracts, effective October 13, 2025.
The clause grants Government authorization and consent for contractors to use and manufacture inventions covered by United States patents during contract performance and in any subcontracts at any tier. For copyright infringement concerns, sellers may request authorization and consent to copy copyrighted work from the Contracting Officer, with programmatic necessity serving as a major consideration in DOE's evaluation of such requests. The seller must include this Authorization and Consent clause (52.227-1, without Alternate 1) in all subcontracts exceeding the simplified acquisition threshold for supplies, services, construction, architect-engineer services, and materials. For research and development subcontracts exceeding the simplified acquisition threshold, the seller must include paragraph (a) of the clause in modified form. Notably, the omission of an authorization and consent clause from any subcontract—including those below the simplified acquisition threshold—does not diminish the authorization and consent provided under this contract clause.
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Text version
Exhibit 4 Ref: DEAR 970.5227-4
October 13, 2025
BSD-CS-2009
AUTHORIZATION AND CONSENT
(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.
(b) If the Seller is sued for copyright infringement or anticipates the filing of such a lawsuit, the Seller may request authorization and consent to copy copyrighted work from the Contracting Officer. Programmatic necessity is a major consideration for DOE in determining whether to grant such request.
(c)
(1) The Seller agrees to include, and require inclusion of, the Authorization and Consent clause at 52.227-
1, without Alternate 1, but suitably modified to identify the parties, in all subcontracts expected to exceed the simplified acquisition threshold at any tier for supplies or services, including construction, architect-engineer services, and materials, supplies, models, samples, and design or testing services.
(2) The Seller agrees to include, and require inclusion of, paragraph (a) of this Authorization and Consent clause, suitably modified to identify the parties, in all subcontracts at any tier for research and development activities expected to exceed the simplified acquisition threshold.
(3) Omission of an authorization and consent clause from any subcontract, including those valued less than the simplified acquisition threshold does not affect this authorization and consent.
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