Clauses · FAR · Data rights
FAR 52.227-1 Authorization and Consent
Does the regulation require it to flow down?
Yes
Subcontracts expected to exceed the SAT; omitting it from a subcontract does NOT affect the authorization — it is self-executing
- Form
- substance, including paragraph (b) itself — self-perpetuating; the clause has only (a) and (b), the flow-down is (b), not a (c)
- Reaches
- all tiers above the SAT
Checked against acquisition.gov on 2026-08-04 · edition Jun 2020 (Alts I/II: Apr 1984) · base v0.9.3 Read the text ↗
What it makes you produce
One item for your checklist.
Nothing to send, ever
There is no paperwork here. It is a rule you follow while you perform the work.
- 52.227-1(a)
Nothing to send. The Government authorizes and consents to the use of United States patented inventions in performing the work, so whoever builds to the specification is not the party licensing the patent
Owed when the invention is embodied in what is delivered, or is used in machinery, tools or methods the specifications or the contracting officer's instructions require
When it is used
Prescription: contracts generally (optional in simplified acquisition; prohibited when performance AND delivery are 100% outside the US). For the sub: > SAT.
Read closely
Leaving it out of a subcontract does not undo the authorization — it works without being repeated. The money side of the same machinery is 52.227-3, and the reporting side is 52.227-2.
Alternates
Alt I · APR 1984
FAR 27.201-2(a)(2) — R&D work.
Alternate I replaces the authorization so that it covers any patented invention used in performing the work, not only one embodied in a delivered item or required by the specification. It widens a shield and adds nothing to hand over.
Alt II · APR 1984
FAR 27.201-2(a)(3) - contract for communication services and facilities with rates/charges/tariffs not set or regulated by a Government body.
Alternate II keeps the same two conditions but narrows them to suborders under a communication services contract whose rates are not set or regulated by a Government body. Same shield, smaller reach, still nothing to hand over.
The 20 templates that name it, with the line
Source: acquisition.gov, FAR 52.227-1 and 27.201-2 (verified 2026-08-04)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.