§27.202-2. Notice of Government as a licensee.
48 C.F.R. § 27.202-2
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—
Notice of the license;
The number of the patent; and
The royalty rate cited in the license.
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—
Evaluate an offeror's price by adding an amount equal to the royalty; or
Negotiate a price reduction with an offeror when the offeror is licensed under the same patent at a lower royalty rate.
Notes, amendments, and revision history
Authority
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
Source
Source: 72 FR 63049, Nov. 7, 2007, unless otherwise noted.