FAR 52.227-1 - Authorization and Consent

***

Prescribed in 27.201-2(a)(1)
Effective Date:	1 December 2007
Clause or Provision:	Clause
Provision or Clause Number:	52.227-1 - Authorization and Consent
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Cost Reimbursement, Construction; Fixed Price, Construction; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery
Optional:	Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Service
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription (a) (1) Insert the clause at 52.227-1, Authorization and Consent, in solicitations and contracts except that use of the clause is— (i) Optional when using simplified acquisition procedures; and (ii) Prohibited when both complete performance and delivery are outside the United States. (2) Use the clause with its Alternate I in all R&D solicitations and contracts for which the primary purpose is R&D work, except that this alternate shall not be used in construction and architect-engineer contracts unless the contract calls exclusively for R&D work. (3) Use the clause with its Alternate II in solicitations and contracts for communication services with a common carrier and the services are unregulated and not priced by a tariff schedule set by a regulatory body.
Clause Overview:	Clause (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. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, does not affect this authorization and consent. Alternates 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) 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.
Important Notes/Requirements:	R&D are only applicable under alternates.
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

---

Personal notes.