---
kind: "section"
citation: "48 C.F.R. § 970.2702-70"
title: "48"
number: "970.2702-70"
heading: "Solicitation provision and contract clauses."
url: "https://uscodex.org/cfr/48/970.2702-70"
---

# §970.2702-70. Solicitation provision and contract clauses.

- (a) **Authorization and consent.** Contracting officers must include the clause at 970.5227-4, Authorization and Consent, instead of the clause at FAR 52.227-1.
- (b) **Notice and assistance regarding patent and copyright infringement.** Contracting Officers must include the clause at 970.5227-5, Notice and Assistance Regarding Patent and Copyright Infringement, instead of the clause at FAR 52.227-2.
- (c) **Patent indemnity.**
  - (1) Contracting Officers must include the clause at 970.5227-6, Patent Indemnity-Subcontracts, to assure that subcontracts appropriately address patent indemnity.
  - (2) Normally, the clause at FAR 52.227-3 would not be appropriate for an M&O contract; however, if there is a question, such as when the mission of the contractor involves production, the Contracting Officer must consult with DOE patent counsel and use the clause where appropriate.
- (d) **Rights to proposal data.** Contracting Officers must include the clause at FAR 52.227-23, Rights to Proposal Data (Technical), in all solicitations and contracts for the management and operation of DOE sites and facilities.
- (e) **Notice of right to request patent waiver.** Contracting Officers must include the provision at 970.5227-9 in all solicitations for contracts for the management and operation of DOE sites or facilities.
- (f) **Royalties.** Contracting Officers must include the solicitation provision at 970.5227-7, Royalty Information, and the clause at 970.5227-8, Refund of Royalties, instead of the provision at FAR 52.227-6 and the clause at FAR 52.227-9, respectively.

## Notes

### Amendments

[89 FR 89786, Nov. 13, 2024]

### Authority

Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.

### Source

Source: 65 FR 81009, Dec. 22, 2000, unless otherwise noted.

### Amendments

[89 FR 89786, Nov. 13, 2024]