27.304-4
Appeals
Contractors must receive written explanations for adverse agency actions on invention rights and have access to fair appeal procedures, ensuring due process and transparency.
Overview
FAR 27.304-4 outlines the procedures and rights related to contractor appeals when certain agency actions are taken regarding inventions made under government contracts. It ensures contractors are informed of the basis for adverse agency decisions and provides for administrative appeal processes. The section covers refusals to extend invention disclosure periods, demands for title conveyance to the government, refusals to grant waivers for U.S. industry preference, and refusals to approve assignments. Agencies must provide written explanations for these actions and may establish formal appeal procedures that include due process and fact-finding. If the Contract Disputes statute applies, its procedures fulfill the appeal requirements.
Key Rules
- Written Statement Requirement
- Agencies must provide contractors with a written explanation, including relevant facts, when taking specified adverse actions regarding inventions.
- Appeal Procedures
- Agencies may set up and publish administrative appeal procedures, ensuring due process and fact-finding standards are met.
- Contract Disputes Statute
- If the action is appealable under the Contract Disputes statute, those procedures are sufficient for compliance.
Responsibilities
- Contracting Officers: Ensure contractors receive written statements for adverse actions and inform them of appeal rights.
- Contractors: Review written statements and follow agency or statutory appeal procedures as needed.
- Agencies: Develop, publish, and administer fair appeal procedures consistent with statutory policy and objectives.
Practical Implications
- This section protects contractor rights by mandating transparency and due process in agency decisions affecting invention rights.
- Contractors should be prepared to respond promptly to adverse actions and understand available appeal mechanisms.
- Common pitfalls include missing deadlines for appeals or failing to provide adequate documentation during the process.