27.304-4 Appeals
Source: FAR 27.304-4 on acquisition.gov
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.
(a) The designated agency official shall provide the contractor with a written statement of the basis, including any relevant facts, for taking any of the following actions:
(1) A refusal to grant an extension to the invention disclosure period under paragraph (c)(4) of the clause at 52.227-11;
(2) A demand for a conveyance of title to the Government under 27.302(d)(1)(i) and (ii);
(3) A refusal to grant a waiver under 27.302(g), Preference for United States industry; or
(4) A refusal to approve an assignment under 27.304-1(h).
(b) Each agency may establish and publish procedures under which any of these actions may be appealed. These appeal procedures should include administrative due process procedures and standards for fact-finding. The resolution of any appeal shall consider both the factual and legal basis for the action and its consistency with the policy and objectives of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section200&num=0&edition=prelim" target="_blank">35 U.S.C. 200-http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section206&num=0&edition=prelim" target="_blank">206 and 2 10.
(c) To the extent that any of the actions described in paragraph (a) of this section are subject to appeal under the Contract Disputes statute, the procedures under that statute will satisfy the requirements of paragraph (b).