27.203-2
Contract clause
Always include clause 52.227-10 in contracts or solicitations involving classified work or where classified patent applications may result, to ensure proper handling of sensitive information.
Overview
FAR 27.203-2 requires contracting officers to include the clause at 52.227-10, "Filing of Patent Applications—Classified Subject Matter," in all classified solicitations and contracts, as well as in any solicitation or contract where the work could reasonably result in a patent application involving classified subject matter. This ensures that contractors are aware of and comply with special procedures for handling patent applications that contain classified information, safeguarding national security interests.
Key Rules
- Mandatory Clause Inclusion
- The clause at 52.227-10 must be inserted in all classified contracts and solicitations.
- Potential for Classified Patent Applications
- The clause is also required if the work could reasonably result in a patent application with classified subject matter, even if the contract itself is not initially classified.
Responsibilities
- Contracting Officers: Must ensure the correct clause is included in applicable solicitations and contracts.
- Contractors: Must comply with the procedures and restrictions outlined in clause 52.227-10 regarding the filing of patent applications containing classified information.
- Agencies: Oversee compliance and ensure that classified subject matter is properly protected in the patent process.
Practical Implications
- This section exists to protect classified information that may arise during the patent application process.
- Contractors must be vigilant about the classification status of inventions and follow prescribed procedures to avoid unauthorized disclosure.
- Failure to include or comply with the clause can result in security breaches or contract noncompliance.