FAR 52.227-4 - Patent Indemnity - Construction Contracts
Prescribed in 27.201-2(d)(1) | ||
| Effective Date: | 1 December 2007 | |
| Clause or Provision: | Clause | |
| Provision or Clause Number: | 52.227-4 - Patent Indemnity - Construction Contracts | |
| Principle Type And/Or Purpose of Contract: | ||
| Required: | ||
| Applicable: | Dismantling, Demolition or Removal of Improvements; Cost Reimbursement, Construction; Fixed Price, Construction | |
| Optional: | Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Time & Material/Labor Hour; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service | |
| Subject: | ||
| ProcurementType: | ||
| Contract Threshold: | ||
| Prescription Overview: |
Prescription(d) (1) Insert the clause at 52.227-4, Patent Indemnity—Construction Contracts, in solicitations and contracts for construction or that are fixed-price for dismantling, demolition, or removal of improvements. Do not insert the clause in contracts solely for architect-engineer services. (2) If the contracting officer determines that the construction will necessarily involve the use of structures, products, materials, equipment, processes, or methods that are nonstandard, noncommercial, or special, the contracting officer may expressly exclude them from the patent indemnification by using the clause with its Alternate I. Note that this exclusion is for items, as distinguished from identified patents (see paragraph (e) of this subsection). | |
| Clause Overview: |
ClauseExcept as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under (35 U.S.C. 181) arising out of performing this contract or out of the use or disposal by or for the account of the Government of supplies furnished or work performed under this contract. AlternateAlternate I (Dec 2007). As prescribed in 27.201-2(d)(2), designate the first paragraph of the basic clause as paragraph (a) and add the following paragraph (b) to the basic clause: (b) This patent indemnification shall not apply to the following items: __________________________________________________ [Contracting Officer list the items to be excluded.] | |
| Important Notes/Requirements: | ||
| Subcontract Threshold: | ||
| Incorporated by Reference: | Yes | |
| Uniform Contract Format: | ||
| Editor: | Marshall | |
Personal notes.
