DFARS Part 52b

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252.219-7000 Small Disadvantaged Business Concern Representation (DoD Contracts).
As prescribed in 219.304(b), use the following provision:
SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DoD CONTRACTS)
(JUN 1997)

(c) Complete the following --

(End of provision)

252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns.
As prescribed in 219.508(d), use the following clause:
NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE WITH PREFERENTIAL
CONSIDERATION FOR SMALL DISADVANTAGED BUSINESS CONCERNS (MAY 1994)

"United States," as used in this clause, means the United States, its territories and possessions, the Commonwealth of Puerto Rico, the U.S. Trust Territory of the Pacific Islands, or the District of Columbia.

(End of clause)

ALTERNATE I (MAY 1994)
As prescribed in 219.508(d), substitute the following paragraph (f)(2) for paragraph (f)(2) of the basic clause:

252.219-7002 Notice of Small Disadvantaged Business Set-Aside.
As prescribed in 219.508-70, use the following clause:
NOTICE OF SMALL DISADVANTAGED BUSINESS SET-ASIDE (MAY 1995)

(End of clause)

ALTERNATE I (MAY 1994)
As prescribed in 219.508-70, substitute the following paragraph (c) for paragraph (c) of the basic clause:

252.219-7003 Small, Small Disadvantaged and Women-owned Small Business Subcontracting Plan(DoD Contracts).
As prescribed in 219.708(b)(1)(A), use the following clause:
SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL
BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 1996)
This clause supplements the Federal Acquisition Regulation 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, clause of this contract.

(End of clause)

252.219-7004 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program).
As prescribed in 219.708(b)(1)(B), use the following clause:
SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (TEST PROGRAM) (JUNE 1997)

(2) Item 14, Remarks, shall be completed to include semi-annual cumulative--
(i) Small business, small disadvantaged business, and women-owned small business goals; and

(End of clause)

252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities, and Minority Institutions.
As prescribed in 219.708(c)(1), use the following clause:
INCENTIVE FOR SUBCONTRACTING WITH SMALL BUSINESSES,
SMALL DISADVANTAGED BUSINESSES, HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES, AND MINORITY INSTITUTIONS (NOV 1995)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 219.708(c)(1), add the following paragraph (b) to the basic clause and renumber theexisting paragraphs (b), (c), and (d) as (c), (d), and (e).

252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns.
As prescribed in 219.7003, use the following clause:
NOTICE OF EVALUATION PREFERENCE FOR SMALL DISADVANTAGED BUSINESS
CONCERNS (JUN 1997)

(End of clause)

ALTERNATE I (JUN 1997)
As prescribed in 219.7003, substitute the following paragraph (d)(2) for paragraph (d)(2) of the basic clause:

252.219-7007 Reserved.

252.219-7008 Notice of Evaluation Preference for Small Disadvantaged Business Concerns--Construction Acquisitions -- Test Program.
As prescribed in 219.7204 use the following clause:
NOTICE OF EVALUATION PREFERENCE FOR SMALL DISADVANTAGED
BUSINESS CONCERNS -- CONSTRUCTION ACQUISITIONS --
TEST PROGRAM (APR 1996)

(End of Clause)

252.222-7000 Restrictions on Employment of Personnel.
As prescribed in 222.7003, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (DEC 1991)

(End of clause)

252.222-7001 Right of First Refusal of Employment--Closure of Military Installations.
As prescribed in 222.7102, use the following clause:
RIGHT OF FIRST REFUSAL OF EMPLOYMENT--CLOSURE OF MILITARY
INSTALLATIONS (APR 1993)

(End of clause)

[252.222-7002 Compliance with local labor laws (overseas).
As prescribed in 222.7201(a), use the following clause:
COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

(End of clause)

252.222-7003 Permit from Italian Inspectorate of Labor.
As prescribed in 222.7201(b), use the following clause:
PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUN 1997)
Prior to the date set for commencement of work and services under this contract, the Contractor shall obtain the prescribed permit from the Inspectorate of Labor having jurisdiction over the work site, in accordance with Article 5g of Italian Law Number 1369, dated October 23, 1960. The Contractor shall ensure that a copy of the permit is available at all reasonable times for inspection by the Contracting Officer or an authorized representative. Failure to obtain such permit may result in termination of the contract for the convenience of the United States Government, at no cost to the United States Government.
(End of clause)

252.222-7004 Compliance with Spanish Social Security Laws and Regulations.
As prescribed in 222.7201(c), use the following clause:
COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS
(JUN 1997)

(End of clause)

252.223-7000 Reserved.

252.223-7001 Hazard Warning Labels.
As prescribed in 223.303, use the following clause:
HAZARD WARNING LABELS (DEC 1991)

(End of clause)

252.223-7002 Safety Precautions for Ammunition and Explosives.
As prescribed in 223.370-5, use the following clause:
SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)

(End of clause)

252.223-7003 Change in Place of Performance - Ammunition and Explosives.
As prescribed in 223.370-5, use the following clause:
CHANGE IN PLACE OF PERFORMANCE - AMMUNITION AND EXPLOSIVES
(DEC 1991)

(End of clause)

252.223-7004 Drug-Free Work Force.
As prescribed in 223.570-4, use the following clause:
DRUG-FREE WORK FORCE (SEP 1988)

(End of clause)

252.223-7005 Hazardous Waste Liability.
As prescribed in 223.7002, use the following clause:
HAZARDOUS WASTE LIABILITY (OCT 1992)

(End of clause)

252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials.
As prescribed in 223.7103(a), use the following clause:
PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS
(APR 1993)

ALTERNATE I (NOV 1995)
As prescribed in 223.7103(b), add the following paragraphs (c) and (d) to the basic clause:

252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.
As prescribed in 223.7203, use the following clause:
SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION,
AND EXPLOSIVES (FEB 1996)

NATIONAL SENSITIVITY/

(End of clause)

252.225-7000 Buy American Act - Balance of Payments Program Certificate.
As prescribed in 225.109(a), use the following provision:
BUY AMERICAN ACT-BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC 1991)

Qualifying Country End Products

Nonqualifying Country End Products

(End of provision)

252.225-7001 Buy American Act and Balance of Payments Program.
As prescribed in 225.109(d), use the following clause:
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 1994)

(End of clause)

252.225-7002 Qualifying Country Sources as Subcontractors.
As prescribed in 225.109-70(a), use the following clause:
QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 1991)
Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude qualifying country sources and U.S. sources from competing for subcontracts under this contract.
(End of clause)

252.225-7003 Information for Duty-Free Entry Evaluation.
As prescribed in 225.109-70(b), use the following provision:
INFORMATION FOR DUTY-FREE ENTRY EVALUATION (AUG 1992)

(End of provision)

252.225-7004 Reserved.

252.225-7005 Identification of Expenditures in the United States.
As prescribed in 225.305-70, use the following clause:
IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (DEC 1991)

(End of clause)

252.225-7006 Buy American Act - Trade Agreements - Balance of Payments Program Certificate.
As prescribed in 225.408(a)(1), use the following provision:
BUY AMERICAN ACT - TRADE AGREEMENTS - BALANCE OF PAYMENTS
PROGRAM CERTIFICATE (JUN 1997)

(End of provision)

[per DFARS Case 97-and D.L. 97-013, dated 11 July 97]
252.225-7007 Trade Agreements.
As prescribed in 225.408(a)(2), use the following clause:
TRADE AGREEMENTS ([JUL] 1997)

(End of clause)

ALTERNATE I (JUN 1997). As prescribed in 225.408(a)(2), delete Singapore from the list of designated countries in paragraph (a)(4) of the basic clause.

252.225-7008 Supplies to be Accorded Duty-Free Entry.
As prescribed in 225.605-70(a), use the following clause:
SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY (DEC 1991)
In accordance with paragraph (a) of the Duty-Free Entry clause and/or paragraph (b) of the Duty-Free Entry--Qualifying Country End Products and Supplies clause of this contract, the following supplies are accorded duty-free entry:
______________________________________
______________________________________
______________________________________
(End of clause)

252.225-7009 Duty-Free Entry--Qualifying Country End Products and Supplies.
As prescribed in 225.605-70(b), use the following clause:
DUTY-FREE ENTRY--QUALIFYING COUNTRY END PRODUCTS AND SUPPLIES
(JAN 1997)

(End of clause)

252.225-7010 Duty-Free Entry--Additional Provisions.
As prescribed in 225.605-70(d), use the following clause:
DUTY-FREE ENTRY--ADDITIONAL PROVISIONS (JAN 1997)

(End of clause)

252.225-7011 Restriction on Acquisition of Supercomputers.
As prescribed in 225.7023-3, use the following clause:
RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS (JUL 1995)
The contractor agrees that any supercomputers furnished under this contract have been manufactured in the United States.
(End of Clause)

252.225-7012 Preference for Certain Domestic Commodities.
As prescribed in 225.7002-3(a), use the following clause:
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 1997)

(End of clause)
252.225-7013 Reserved.

252.225-7014 Preference for Domestic Specialty Metals.
As prescribed in 225.7002-3(b), use the following clause:
PREFERENCE FOR DOMESTIC SPECIALTY METALS (FEB 1997)

(End of clause)

ALTERNATE I (FEB 1997)
As prescribed in 225.7002-3(b), substitute the following paragraph (c) for paragraph (c) of the basic clause, and add the following paragraph (d) to the basic clause:

252.225-7015 Preference for Domestic Hand or Measuring Tools.
As prescribed in 225.7002-3(c), use the following clause:
PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS (DEC 1991)
The Contractor agrees to deliver under this contract only hand or measuring tools produced in the United States or its possessions.
(End of clause)

[amended per DFARS Case 97-D321, D.L. 98-001, 4 Feb 98]
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
As prescribed in 225.7019-4, use the following clause:
RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS ([FEB 1998])

(End of clause)

252.225-7017 Reserved.

252.225-7018 Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E.
As prescribed in 225.7011-5, use the following provision:
NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES
FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RDT&E (JAN 1997)

(End of provision)

252.225-7019 Restriction on Acquisition of Foreign Anchor and Mooring Chain.
As prescribed in 225.7012-3, use the following clause:
RESTRICTION ON ACQUISITION OF FOREIGN ANCHOR AND MOORING CHAIN
(DEC 1991)

(End of clause)

252.225-7020 Reserved.

252.225-7021 Reserved.

252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Based Carbon Fiber.
As prescribed in 225.7013-2, use the following clause:
RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN) BASED CARBON
FIBER (JUN 1997)

(End of clause)

252.225-7023 Reserved.

252.225-7024 Restriction on Acquisition of Night Vision Image Intensifier Tubes and Devices.
As prescribed in 225.7015-3, use the following clause:
RESTRICTION ON ACQUISITION OF NIGHT VISION IMAGE INTENSIFIER TUBES
AND DEVICES (DEC 1991)
All second and third generation night vision image intensifier tubes and devices provided under this contract shall be manufactured in the United States or Canada.
(End of clause)

252.225-7025 Restriction on Acquisition of Forgings.
As prescribed in 225.7102-4, use the following clause:
RESTRICTION ON ACQUISITION OF FORGINGS (JUN 1997)

(End of clause)

252.225-7026 Reporting of Contract Performance Outside the United States.
As prescribed in 225.7203, use the following clause:
REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES
(NOV 1995)

252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.
As prescribed in 225.7308(a), use the following clause. Insert in paragraph (b) of the caluse the name(s) of any foreign country customer(s) listed in 225.7303-4(b).
RESTRICTIONS ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (JAN 1997)
Contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are not an allowable cost, and the contract price (including any subcontracts) shall not include any direct or indirect cost of contingent fees for Contractor (or subcontractor) sales representatives for solicitation or promotion or otherwise to secure the conclusion of the sale of any of the supplies or services called for by this contract, unless--

(End of clause)

252.225-7028 Exclusionary Policies and Practices of Foreign Governments.
As prescribed in 225.7308(b), use the following clause:
EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(DEC 1991)
No person, partnership, corporation, or other entity performing functions pursuant to this contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based on race, religion, national origin, or sex.
(End of clause)
[amended per DFARS Case 97-D321, D.L. 98-001, 4 Feb 98]
252.225-7029 Preference for United States or Canadian Air Circuit Breakers.
As prescribed in 225.7016-4, use the following clause:
PREFERENCE FOR UNITED STATES OR CANADIAN AIR
CIRCUIT BREAKERS ([FEB 1998])

(End of clause)

252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate.
As prescribed in 225.7017-4, use the following clause:
RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL PLATE
(OCT 1992)
The Contractor agrees that all carbon, alloy, and armor steel plate in Federal supply class 9515, or described by American Society for Testing Materials (ASTM) or American Iron and Steel Institute (AISI) specifications, furnished as a deliverable under this contract, or purchased by the contractor as a raw material, for use in a Government-owned facility or a facility under the control of the Department of Defense, shall be melted and rolled in the United States or Canada.
(End of clause)

252.225-7031 Secondary Arab Boycott of Israel.
As prescribed in 225.770-5, use the following clause:
SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)

(End of clause)
252.225-7032 Waiver of United Kingdom Levies.
As prescribed in 225.873-3, use the following clause:
WAIVER OF UNITED KINGDOM LEVIES (OCT 1992)

(End of clause)

252.225-7033 Restriction on Acquisition of Four Ton Dolly Jacks.
As prescribed in 225.7018-3, use the following clause:
RESTRICTION ON ACQUISITION OF FOUR TON DOLLY JACKS (APR 1993)
Four ton dolly jacks delivered under this contract shall be manufactured in the United States unless a waiver is granted in accordance with subsection 225.7018-2 of the Defense Federal Acquisition Regulation Supplement.
(End of clause)

252.225-7034 Reserved.

252.225-7035 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.
As prescribed in 225.408(a)(3), use the following provision:
BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(MAY 1995)

(End of provision)

252.225-7036 North American Free Trade Agreement Implementation Act.
As prescribed in 225.408(a)(4), use the following clause:
NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT (JAN 1994)

(End of clause)
ALTERNATE 1 (MAY 1995)
As prescribed in 225.408(A)(4)(B)(ii), add the following paragraph (a)(7) to the basic clause, and substitute the following paragraph (c) in place of paragraph (c) of the basic clause:

252.225-7037 Duty-Free Entry--NAFTA Country End Products and Supplies.
As presceibed in 225.605-70(c), use the following clause:
DUTY-FREE ENTRY--NAFTA COUNTRY END PRODUCTS AND SUPPLIES
(JAN 1997)

(End of clause)

252.225-7038 Restriction on Acquisition of Aircraft Fuel Cells.
As prescribed in 225.7021-3, use the following clause:
RESTRICTION ON ACQUISITION OF AIRCRAFT FUEL CELLS (MAR 1994)
The Contractor agrees that all aircraft fuel cells furnished under this contract have been produced or manufactured in the United States by a domestic-operated entity.
(End of clause)

252.225-7039 Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems.
As prescribed in 225.7022-4, use the following clause:
RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT SURVIVAL
SYSTEMS (APR 1996)
For totally enclosed lifeboat systems furnished under this contract, which consist of lifeboat and associated davits and winches, the Contractor agrees that--

(End of clause)

252.225-7040 Reserved.

252.225-7041 Correspondence in English.
As prescribed in 225.971, use the following clause:
CORRESPONDENCE IN ENGLISH (JUN 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.
(End of clause)

252.225-7042 Authorization to perform.
As prescribed in 225.97, use the following clause:
AUTHORIZATION TO PERFORM (JUN 1997)
The Contractor represents that it has been duly authorized to operate and to do business in the country or countries in which this contract is to be performed. The Contractor also represents that it will fully comply with all laws, decrees, labor standards, and regulations of such country or countries, during the performance of this contract.
(End of clause)

252.226-7000 Notice of Historically Black College or University and Minority Institution Set-Aside.
As prescribed in 226.7008(a), use the following clause:
NOTICE OF HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
INSTITUTION SET-ASIDE (APR 1994)

(End of clause)

252.226-7001 Historically Black College or University and Minority Institution Status.
As prescribed in 226.7008(b), use the following provision:
HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
INSTITUTION STATUS (JAN 1997)

(End of provision)

252.227-7000 Non-Estoppel.
As prescribed at 227.7009-1, insert the following clause in patent releases, license agreements, and assignments:
NON-ESTOPPEL (OCT 1966)
The Government reserves the right at any time to contest the enforceability, validity, scope of, or the title to any patent or patent application herein licensed without waiving or forfeiting any right under this contract.
(End of clause)

252.227-7001 Release of Past Infringement.
As prescribed at 227.7009-2(a), insert the following clause in patent releases, license agreements, and assignments:
RELEASE OF PAST INFRINGEMENT (AUG 1984)
The Contractor hereby releases each and every claim and demand which he now has or may hereafter have against the Government for the manufacture or use by or for the Government prior to the effective date of this contract, of any inventions covered by (i) any of the patents and applications for patent identified in this contract, and (ii) any other patent or application for patent owned or hereafter acquired by him, insofar as and only to the extent that such other patent or patent application covers the manufacture, use, or disposition of (description of subject matter). *
(End of clause)

*Bracketed portions of the clause may be omitted when not appropriate or not encompassed by the release as negotiated.

252.227-7002 Readjustment of Payments.
As prescribed at 227.7009-2(b), insert the following clause in patent releases, license agreements, and assignments:
READJUSTMENT OF PAYMENTS (OCT 1966)

(End of clause)

252.227-7003 Termination.
As prescribed at 227.7009-2(c), insert the following clause in patent releases, license agreements, and assignments:
TERMINATION (AUG 1984)
Notwithstanding any other provision of this contract, the Government shall have the right to terminate the within license, in whole or in part, by giving the Contractor not less than thirty (30) days notice in writing of the date such termination is to be effective; provided, however, that such termination shall not affect the obligation of the Government to pay royalties which have accrued prior to the effective date of such termination.
(End of clause)

252.227-7004 License Grant.
As prescribed at 227.7009-3(a), insert the following clause in patent releases, license agreements, and assignments:
LICENSE GRANT (AUG 1984)

(End of clause)

252.227-7005 License Term.
As prescribed at 227.7009-3(b), insert one of the following clauses in patent releases, license agreements, and assignments:
LICENSE TERM (AUG 1984)
ALTERNATE I (AUG 1984)
The license hereby granted shall remain in full force and effect for the full term of each of the patents referred to in the "License Grant" clause of this contract and any and all patents hereafter issued on applications for patent referred to in such "License Grant" clause.

ALTERNATE II (AUG 1984)
The license hereby granted shall terminate on the ______day of _________ 19____; Provided, however, that said termination shall be without prejudice to the completion of any contract entered into by the Government prior to said date of termination or to the use or disposition thereafter of any articles or materials manufactured by or for the Government under this license.

252.227-7006 License Grant - Running Royalty.
As prescribed at 227.7009-4(a), insert the following clause in patent releases, license agreements, and assignments:
LICENSE GRANT - RUNNING ROYALTY (AUG 1984)

(End of clause)

252.227-7007 License Term - Running Royalty.
As prescribed at 227.7009-4(b), insert the following clause in patent releases, license agreements, and assignments:
LICENSE TERM - RUNNING ROYALTY (AUG 1984)
The license hereby granted shall remain in full force and effect for the full term of each of the patents referred to in the "License Grant" clause of this contract and any and all patents hereafter issued on applications for patent referred to above unless sooner terminated as elsewhere herein provided.
(End of clause)

252.227-7008 Computation of Royalties.
As prescribed at 227.7009-4(c), insert the following clause in patent releases, license agreements, and assignments:
COMPUTATION OF ROYALTIES (AUG 1984)
Subject to the conditions hereinafter stated, royalties shall accrue to the Contractor under this agreement on all articles or materials embodying, or manufactured by the use of, any or all inventions claimed under any unexpired United States patent licensed herein, upon acceptance thereof by the Department of ..............., at the rate of ..... percent of the net selling price of such articles or materials (amount) per (name of item) * whether manufactured by the Government or procured under a fixed price contract, and at the rate of (amount) per (name of item) acquired or manufactured by a Contractor performing under a cost-reimbursement contract. With respect to such articles or materials made by the Department of ............, "net selling price," as used in this paragraph, means the actual cost of direct labor and materials without allowance for overhead and supervision.
(End of clause)

*Use bracketed matter as appropriate.

252.227-7009 Reporting and Payment of Royalties.
As prescribed at 227.7009-4(d), insert the following clause in patent releases, license agreements, and assignments:
REPORTING AND PAYMENT OF ROYALTIES (AUG 1984)

(End of clause)

252.227-7010 License to Other Government Agencies.
As prescribed at 227.7009-4(e), insert the following clause in patent releases, license agreements, and assignments:
LICENSE TO OTHER GOVERNMENT AGENCIES (AUG 1984)
The Contractor hereby agrees to grant a separate license under the patents, applications for patents, and improvements referred to in the "License Grant" clause of this contract, on the same terms and conditions as appear in this license contract, to any other department or agency of the Government at any time on receipt of a written request for such a license from such department or agency; Provided, however, that as to royalties which accrue under such separate licenses, reports and payments shall be made directly to the Contractor by each such other department or agency pursuant to the terms of such separate licenses. The Contractor shall notify the Licensee hereunder promptly upon receipt of any request for license hereunder.
(End of clause)

252.227-7011 Assignments.
As prescribed at 227.7010, insert the following clause in assignments.
ASSIGNMENT (AUG 1984)
The Contractor hereby conveys to the Government, as represented by the Secretary of ............, the entire right, title, and interest in and to the following patents (and applications for patent), in and to the inventions thereof, and in and to all claims and demands whatsoever for infringement thereof heretofore accrued, the same to be held and enjoyed by the Government through its duly appointed representatives to the full end of the term of said patents (and to the full end of the terms of all patents which may be granted upon said applications for patent, or upon any division, continuation- in-part or continuation thereof):

U.S. Patent No.....................Date.......................
Name of Inventor..............................................
U.S .Application Serial No.........Filing Date...............
Name of Inventor ............................................
together with corresponding foreign patents and applications for patent insofar as the Contractor has the right to assign the same.
(End of clause)

252.227-7012 Patent License and Release Contract.
As prescribed at 227.7012, insert the following clause in patent releases, license agreements, and assignments:

..................(Contract No.)
PATENT LICENSE AND RELEASE CONTRACT (AUG 1984)
THIS CONTRACT is effective as of the ____ day of .............. 19___, between the UNITED STATES OF AMERICA (hereinafter called the Government), and ................ (hereinafter called the Contractor), a corporation organized and existing under the laws of the State of .................), (a partnership consisting of ...................), (an individual trading as .................) , of the City of ................., in the State of ...................... .

WHEREAS, Contractor warrants that he has the right to grant the within license and release, and the Government desires to procure the same, and
WHEREAS, this contract is authorized by law, including 10 U.S.C. 2386.

NOW THEREFORE, in consideration of the grant, release and agreements hereinafter recited, the parties have agreed as follows:

THE UNITED STATES OF AMERICA

*If only a release is procured, delete this article; if an assignment is procured, use the clause at 252.227-7011.
**When the Contractor is an individual, change "successors" to "heirs"; if a partnership, modify appropriately.
(End of clause)

252.227-7013 Rights in Technical Data--Noncommercial Items.
As prescribed at 227.7103-6(a), use the following clause:
RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995)

The Government shall have unlimited rights in technical data that are--

(A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or

(End of identification and assertion)

GOVERNMENT PROPOSED RIGHTS

Contractor Address_______________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of legend)

___________________________________________

(End of legend)

(End of clause)

ALTERNATE I (JUN 1995)
As prescribed in 227.7103-6(b), add the following paragraph (l) to the basic clause:

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.
As prescribed in 227.7203-6(a)(1), use the following clause.
RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)

(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(14)(iv) of this clause, for any other purpose.

(1) This paragraph does not apply to restrictions based solely on copyright.

Computer Software Asserted Name of Person

_____________________________

(End of identification and assertion)

GOVERNMENT PURPOSE RIGHTS

______________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by paragraph (b)(2) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of the software or portions thereof marked with this legend must also reproduce the markings.
(End of legend)

RESTRICTED RIGHTS

______________________

(End of legend)

SPECIAL LICENSE RIGHTS
The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by Contract No. ________(Insert contract number)________, License No.________(Insert license identifier)________. Any reproduction of computer software, computer software documentation, or portions thereof marked with this legend must also reproduce the markings.
(End of legend)

(End of clause)

ALTERNATE I (JUN 1995)
As prescribed in 227.7203-6(a)(2), add the following paragraph (l) to the basic clause:

252.227-7015 Technical Data--Commercial Items.
As prescribed in 227.7102-3, use the following clause:
TECHNICAL DATA--COMMERCIAL ITEMS (NOV 1995)

(3) The term "item" includes components or processes.
(4) "Technical data" means recorded information, regardless of the form or method of recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(End of clause)

252.227-7016 Rights in Bid or Proposal Information.
As prescribed in 227.7103-6(e)(1), 227.7104(e)(1), or 227.7203-6(b), use the following clause:
RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)

(End of clause)

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.
As prescribed in 227.7103-3(b), 227.7104(e)(2), or 227.7203-3(a), use the following provision:
IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE
RESTRICTIONS (JUN 1995)

Technical Data or

*** Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).
**** Corporation, individual, or other person, as appropriate.
***** Enter "none" when all data or software will be submitted without restrictions.

(End of identification and assertion)

(End of provision)

252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program.
As prescribed in 227.7104(a), use the following clause:
RIGHTS IN NONCOMMERCIAL TECHNICAL DATA AND COMPUTER
SOFTWARE--SMALL BUSINESS INNOVATION RESEARCH (SBIR)
PROGRAM (JUN 1995)

(vi) SBIR data upon expiration of the SBIR data rights period.

The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:

** Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data or computer software. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.
*** Enter asserted rights category (e.g., limited rights, restricted rights, government purpose rights, or government purpose license rights from a prior contract, SBIR data rights under another contract, or specifically negotiated licenses).
**** Corporation, individual, or other person, as appropriate.

(End of identification and assertion)

LIMITED RIGHTS

Contractor Address

(End of legend)

RESTRICTED RIGHTS

(End of legend)

SBIR DATA RIGHTS

(End of legend)

SPECIAL LICENSE RIGHTS
The Government's rights to use, modify, reproduce, release, perform, display, or disclose this technical data or computer software are restricted by Contract No. ________________ (Insert contract number) ________________, License No. ________________ (Insert license identifier) ________________. Any reproduction of technical data, computer software, or portions thereof marked with this legend must also reproduce the markings.
(End of legend)

(End of clause)
ALTERNATE I (JUN 1995)
As prescribed in 227.7104(d), add the following paragraph (l) to the basic clause:

252.227-7019 Validation of Asserted Restrictions--Computer Software.
As prescribed in 227.7104(e)(3) or 227.7203-6(c), use the following clause:
VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE
(JUN 1995)

(End of clause)

252.227-7020 Rights in Special Works.
As prescribed in 227.7105-3, 227.7106(a) or 227.7205(a), use the following clause:
RIGHTS IN SPECIAL WORKS (JUN 1995)

For phonorecords, the "©" markings shall be replaced by a "P".

(End of clause)

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