48 CFR § 970.2702-70 - 970.2702-70 Solicitation provision and contract clauses.

---
identifier: "/us/cfr/t48/s970.2702-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 970.2702-70 - 970.2702-70   Solicitation provision and contract clauses."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "970.2702-70"
section_name: "970.2702-70   Solicitation provision and contract clauses."
chapter_number: 9
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "I"
subchapter_name: "AGENCY SUPPLEMENTARY REGULATIONS"
part_number: "970"
part_name: "DOE MANAGEMENT AND OPERATING CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101  50 U.S.C. 2401"
regulatory_source: "65 FR 81009, Dec. 22, 2000, unless otherwise noted."
cfr_part: "970"
---


# 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.

[89 FR 89786, Nov. 13, 2024]