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ORANGE COUNTY, NC
<br />RFP No. 367-OC5430
<br />Design & Engineering Services -
<br />Electric Vehicle Charging Stations
<br />Grant Project
<br />(e)Nothing contained in this clause on rights in data shall imply a license to the Federal
<br />Government under any patent or be construed as affecting the scope of any license or other right
<br />otherwise granted to the Federal Government under any patent.
<br />(f)Data developed by the Purchaser or Contractor and financed entirely without using Federal
<br />assistance provided by the Federal Government that has been incorporated into work required
<br />by the underlying contract to which this Attachment has been added is exempt from the
<br />requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or
<br />Contractor identifies that data in writing at the time of delivery of the contract work
<br />(g)Unless FTA determines otherwise, the Contractor agrees to include these requirements in
<br />each subcontract for experimental, developmental, or research work financed in whole or in part
<br />with Federal assistance provided by FTA.
<br />(3)Unless the Federal Government later makes a contrary determination in writing, irrespective of
<br />the Contractor's status (i.e., a large business, small business, state government or state
<br />instrumentality, local government, nonprofit organization, institution of higher education, individual,
<br />etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through
<br />FTA, those rights in that invention due the Federal Government as described in U.S. Department
<br />of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
<br />Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.
<br />Part 401.
<br />(4) Therefore, when the Project is completed, the Contractor agrees to provide a Project report
<br />that FTA may publish or make available for publication on the Internet. In addition, the Contractor
<br />agrees to provide other reports pertaining to the Project that FTA may request. The Contractor
<br />agrees to identify clearly any specific confidential, privileged, or proprietary information it submits
<br />to FTA.
<br />(5)The Contractor also agrees to include these requirements in each subcontract for experimental,
<br />developmental, or research work financed in whole or in part with Federal assistance provided by
<br />FTA.
<br />B. Patent Rights - These following requirements apply to each contract involving experimental,
<br />developmental, or research work:
<br />(1)General - If any invention, improvement, or discovery is conceived or first actually reduced to
<br />practice in the course of or under the contract to which this Attachment has been added, and that
<br />invention, improvement, or discovery is patentable under the laws of the United States of America
<br />or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide
<br />immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
<br />(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of
<br />the Contractor's status (a large business, small business, state government or state
<br />instrumentality, local government, nonprofit organization, institution of higher education,
<br />individual), the Purchaser and the Contractor agree to take the necessary actions to provide,
<br />through FTA, those rights in that invention due the Federal Government as described in U.S.
<br />Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and
<br />Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37
<br />C.F.R. Part 401.
<br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629
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