52.227-5 Waiver of Indemnity
Source: FAR 52.227-5 on acquisition.gov
FAR 52.227-5 waives the Government's right to require contractor indemnification for patent infringement claims on specifically identified patents used solely in contract performance.
Overview
- FAR 52.227-5, Waiver of Indemnity, provides that the Government authorizes and consents to the use and manufacture of specified patented inventions in the performance of a contract, and waives its right to require the contractor to indemnify the Government against patent infringement claims related to those patents. This clause is inserted when prescribed by FAR 27.201-2(e) and applies only to the patents specifically identified by the Contracting Officer in the contract.
Key Rules
- Government Authorization and Consent
- The Government explicitly authorizes the contractor to use and manufacture inventions covered by certain U.S. patents for the sole purpose of performing the contract.
- Waiver of Indemnification
- The Government waives its right to require the contractor to indemnify it against patent infringement claims for the identified patents.
- Identification of Patents
- The Contracting Officer must specify the relevant patents by number or other appropriate means in the contract.
Responsibilities
- Contracting Officers: Must identify and list the applicable patents in the contract when including this clause.
- Contractors: May use and manufacture the identified patented inventions solely for contract performance without risk of indemnification claims from the Government for those patents.
- Agencies: Ensure proper application and documentation of the waiver in the contract file.
Practical Implications
- This clause protects contractors from liability for patent infringement claims related to specifically identified patents when performing Government contracts.
- It clarifies the Government’s position on indemnification, reducing contractor risk and potential costs.
- Contractors should ensure only the listed patents are used under this waiver and that all patent numbers are correctly identified in the contract.
As prescribed in 27.201-2(e), insert the following clause:
Waiver of Indemnity (Apr 1984)
Any provision or clause of this contract to the contrary notwithstanding, the Government hereby authorizes and consents to the use and manufacture, solely in performing this contract, of any invention covered by the United States patents identified below and waives indemnification by the Contractor with respect to such patents:
__________________________________________________ [Contracting Officer identify the patents by number or by other means if more appropriate.]
(End of clause)