FAR 52.227-1 Authorization and Consent
Clause Federal Acquisition Regulation Jun 2020 version
Facts
- Citation
- FAR 52.227-1
- Type
- Clause
- Current version
- June 2020
- Prescribed in
- FAR 27.201-2(a)(1)
- Alternates
- Alternate I, Alternate II
- Last amended
- 85 FR 27088 Effective Jun 5, 2020
- Proposed changes
- 1
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this clause.
Text
As prescribed in 27.201-2(a)(1), insert the following clause:
Authorization and Consent (Jun 2020)
(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, 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.
(End of clause)
Alternate I (Apr 1984)
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)
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.
Federal Register history
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 | Closed Oct 19, 2026No final rule found |
Sections cited
- FAR 2.101 Definitions
Quick answers
What is FAR 52.227-1?
FAR 52.227-1 is a clause of the Federal Acquisition Regulation, titled "Authorization and Consent".
What is the current version of FAR 52.227-1?
The current version is dated June 2020.
Where is FAR 52.227-1 prescribed?
It is prescribed in FAR 27.201-2(a)(1), Contract clauses.
When was FAR 52.227-1 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Applicability of Inflation Adjustments of Acquisition-Related Thresholds" (85 FR 27088), published May 6, 2020 and effective Jun 5, 2020.
Are changes to FAR 52.227-1 proposed?
One proposed change has no final rule yet.
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