Code of Federal Regulations (Last Updated: April 5, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 1 - Federal Acquisition Regulation |
SubChapter E - General Contracting Requirements |
Part 27 - Patents, Data, and Copyrights |
Subpart 27.2 - Patents and Copyrights |
§ 27.202-2 - Notice of Government as a licensee.
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27.202-2 Notice of Government as a licensee.
(a) When the Government is obligated to pay a royalty on a patent because of an existing license agreement and the contracting officer believes that the licensed patent will be applicable to a prospective contract, the Government should furnish the prospective offerors with -
(1) Notice of the license;
(2) The number of the patent; and
(3) The royalty rate cited in the license.
(b) When the Government is obligated to pay such a royalty, the solicitation should also require offerors to furnish information indicating whether or not each offeror is the patent owner or a licensee under the patent. This information is necessary so that the Government may either -
(1) Evaluate an offeror's price by adding an amount equal to the royalty; or
(2) Negotiate a price reduction with an offeror when the offeror is licensed under the same patent at a lower royalty rate.