Related News: Government Acknowledges Foremost Solutions' In Situ Remediation Patent

In a March, 2009 Request for Proposals (RFP) by the US General Service Administration (GSA, Region 8) for a significant project on the Denver Federal Center where it was anticipated that the winning contract would involve injecting potassium permanganate through boreholes at depths ranging from approximately 30 to 50 feet below ground surface. In the Final Corrective Measures Work Plan, results of the pilot test showed that injections of the potassium permanganate ranged in volume from 10 gallons to 2,851 gallons under pressures ranging from 26 to 500 psi.

After reading the RFP issued by GSA for this in situ remediation project, Seth Hunt, the President of Foremost Solutions, was able to meet with key GSA officials in the Denver Regional office to discuss how the remediation procedures on which the contractors were bidding were covered under a patent assigned to Foremost Solutions. The Contracting Officer advised Foremost Solutions that both GSA and the contractor who prepared the Final Corrective Measures Work Plan had checked, but were unaware of any patent that applied to the procedures contained in the final plan contained in the RFP. Mr. Hunt acknowledged this as a common problem and explained why it was. (Please refer to “How a patent can be overlooked…” under Related News.) After the meeting and upon further review by GSA’s legal staff, GSA amended the RFP to include the clause in FAR 52.212-4(h) with the following provisions:

“Contractors are expected to pay any required royalties or fees to the patent holder(s). Further, contractors shall indemnify and hold the Government harmless in patent claims and proceedings. The contemplated contract, resulting from this RFP, shall contain FAR (Federal Acquisition Regulation) Clause entitled "Contract Terms and Conditions - Commercial Items (OCT 2003) - Patent Indemnity"; quoted below, for reference, as follows: "

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings."

MACTECH Engineering and Environment was awarded the contract and agreed to pay the royalty fees to its installation subcontractor, Vista GeoScience of Golden, CO, which has a License from Foremost Solutions to use the patented technologies.

Please go to the Licenses page to learn how approved companies can obtain a license.