Section 27-3100. GENERAL PROVISIONS

 

3100.1The District shall honor rights in patents, copyrights, and proprietary information. Contracting officers shall comply with the requirements of federal laws and regulations, in addition to the requirements of this chapter, in acquiring or using these rights.

 

3100.2A contractor shall obtain permission from the lawful owner(s) of copyrighted materials before including all or part of any copyrighted work in any item to be delivered under a contract, unless permission is not required under the fair use or other applicable provisions of federal copyright statutes or regulations.

 

3100.3The District shall not unreasonably restrict the commercial use, outside of the performance of the contract with the District, of inventions made while performing District contracts.

 

3100.4The contracting officer shall not refuse to award a contract solely on the basis of a suspicion that the contractor may infringe a patent, unless the contracting officer determines that refusal is in the best interests of the District.

 

3100.5Except as provided in §3102.3, the contracting officer shall include in all solicitations and contracts a clause, approved by the Director, which requires the contractor to indemnify the District against infringement of rights in patents, copyrights, or proprietary information.

 

3100.6The District shall limit its demands for rights in proprietary information resulting from private developments to those reasonable for present and future use by the District.

 

authority

Unless otherwise noted, the authority of this chapter is the District of Columbia Procurement Practices Act of 1985, D.C. Law 6-85, as amended, D.C. Code §1-1181.1 et seq. (1981).

source

Final Rulemaking published at 35 DCR 1614 (February 26, 1988).