02. Special Conditions.pdf

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

Exhibit 4

AUTHORIZATION AND CONSENT

(SC ALTERNATE CORRECTED OCT 2020) (PREV. I.143 REVISED OCT 2020)

Exhibit 4 – Authorization and Consent Page 1 of 1

BSD-CS-2009

October 16, 2020 Ref: DEAR 970.5227-4

(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 a 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.

Exhibit 17 – Rights to Proposal Data (Technical) UT-B Contracts Div Oct 1991 ex17-oct91format2005

Exhibit 17 Ref: FAR 52.227-23

RIGHTS TO PROPOSAL DATA (TECHNICAL) (Oct 1991)

Except for data contained on pages , it is agreed that as a condition of award of this subcontract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the "Rights in Data--General" clause contained in this subcontract) in and to the technical data contained in the proposal dated , upon which this subcontract is based.