48 C.F.R. § 27.202.2 — Notice of Government as a licensee.
Federal Acquisition Regulations System 1 2023-10-01 2023-10-01 false Notice of Government as a licensee. 27.202-2 Section 27.202-2 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 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.