Solicitation provisions and contract clause.

Federal Acquisition Regulations System 1 2023-10-01 2023-10-01 false Solicitation provisions and contract clause. 27.202-5 Section 27.202-5 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.202–5 Solicitation provisions and contract clause. (a)(1) Insert a solicitation provision substantially the same as the provision at 52.227–6, Royalty Information, in— (i) Any solicitation that may result in a negotiated contract for which royalty information is desired and for which certified cost or pricing data are obtained under 15.403; or (ii) Sealed bid solicitations only if the need for such information is approved at a level above the contracting officer as being necessary for proper protection of the Government's interests. (2) If the solicitation is for communication services and facilities by a common carrier, use the provision with its Alternate I. (b) If the Government is obligated to pay a royalty on a patent involved in the prospective contract, insert in the solicitation a provision substantially the same as the provision at 52.227–7, Patents—Notice of Government Licensee. If the clause at 52.227–6 is not included in the solicitation, the contracting officer may require offerors to provide information sufficient to provide this notice to the other offerors. (c) Insert the clause at 52.227–9, Refund of Royalties, in negotiated fixed-price solicitations and contracts when royalties may be paid under the contract. If a fixed-price incentive contract is contemplated, change “price” to “target cost and target profit” wherever it appears in the clause. The clause may be used in cost-reimbursement contracts where agency approval of royalties is necessary to protect the Government's interests. [72 FR 63049, Nov. 7, 2007, as amended at 75 FR 53149, Aug. 30, 2010]