3102.1 The contracting officer shall not include in any solicitation or contract any provision by which the District expressly agrees to indemnify the contractor against liability for patent or copyright infringement or misappropriation of proprietary information.

3102.2 The contracting officer shall ensure that each contract requiring indemnification includes an indemnity clause, approved by the Director, providing for reimbursement of the District for any liability incurred as the result of an infringement of rights in patents, copyrights, or proprietary information.

3102.3 The contracting officer shall not require the inclusion of an indemnity clause in the following situations:

(a) When the contract is awarded using the small purchase procedures under chapter 18 of this title; or

(b) When the contract is solely for architect-engineer services.

3102.4 If it is in the best interests of the District to exempt one (1) or more specific United States patents from a patent indemnity clause, the contracting officer may grant the exemption upon written approval of the Director. The contracting officer shall include the Director's written approval in the contract file, and shall include a clause in the contract that allows for waiver of indemnity of one (1) or more specific patents.

SOURCE: Final Rulemaking published at 35 DCR 1615 (February 26, 1988),