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PART 1227 - PATENTS, DATA, AND
COPYRIGHTS
SUBPART 1227.3--PATENT RIGHTS UNDER GOVERNMENT CONTRACTS
1227.304 Procedures.
1227.304-5 Appeals.
(b) Agency actions listed at
(FAR) 48 CFR 27.304-5(a)(1) and
(a)(3) through (a)(5) may be appealed to the Head of the Contracting
Activity (HCA). Actions under this
section shall be coordinated with the legal counsel of the responsible office.
(1) Actions must be appealed within 30 days of
receipt of the written statement required by
(FAR) 48 CFR 27.304-5(a). The
contractor must present all pertinent arguments in the appeal along with
documentary evidence, if any.
(2) The HCA shall issue a determination within 45
days from the date the contractor’s appeal is received.
(c) Appeals of decisions rendered under
(FAR) 48 CFR 27.304-5(a)(2) are subject to the following requirements:
(1) Actions must be appealed within 30 days of
receipt of the written statement required by
(FAR) 48 CFR 27.304-5(a). The
contractor must present all pertinent arguments in the appeal along with
documentary evidence, if any.
(2) The HCA may hold an informal hearing if deemed
appropriate or at the request of the contractor. The informal hearing shall be held after
all fact-finding is completed.
(i) If a hearing is held, there shall be a
transcribed record of the same. A
copy of the transcript shall be available to the contractor at cost.
(ii) Transcription of the hearing may be waived by
mutual agreement of the parties.
(3) The HCA shall designate an impartial fact-finding
official. The official conducting
the fact-finding shall prepare findings of fact and transmit them to the HCA
promptly after the conclusion of the fact-finding proceeding along with a
recommended determination.
(i) A copy of the findings of fact shall be sent to
the contractor (assignee or exclusive licensee) by registered or certified mail.
The contractor (assignee or exclusive licensee) and agency representatives will
be given 30 days to submit written arguments to the HCA; and, upon request by
the contractor oral arguments will be held before the HCA as part of an informal
hearing. The HCA will make the final
determination as to whether the initial agency action was appropriate under the
relevant laws and procedures (See paragraph
1227.304-5(c)(4)).
(ii) Any portion of the informal hearing that
involves testimony or evidence shall be closed to the public. Agencies shall not disclose any such
information obtained in the course of the appeal to persons outside the
government except when such release is authorized by the contractor (assignee or
licensee).
(4) The HCA's final determination shall be based
on the findings of facts, together with any other information and written or
oral arguments submitted by the contractor (assignee or exclusive licensee) and
agency representatives, and any other information in the administrative record.
The HCA may reject only those facts that have been found clearly erroneous and
must explicitly state the rejection and the basis for the contrary finding. The
HCA shall provide the contractor (assignee or exclusive licensee) a written
determination by certified or registered mail no later than 90 days after
fact-finding is completed or no later than 90 days after oral arguments,
whichever is later.
1227.305 Administration of patent
rights clauses.
1227.305-4 Conveyance of
invention rights acquired by the Government.
Solicitations and contracts that include a patent rights clause must provide the contractor the means to report inventions made in the course of contract performance and at contract completion. This requirement may be fulfilled by requiring the contractor to submit a DD Form 882, Report of Inventions and Subcontracts.