48 C.F.R. § 27.202-2

27.202-2 Notice of Government as a licensee.

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(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.

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: B.E. Meyers & Co. v. United States, 41 Fed. Cl. 729 (Fed. Cl. 1998).

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B.E. Meyers & Co. v. United States, 41 Fed. Cl. 729 (Fed. Cl. 1998). “See 48 C.F.R. § 27.202-2 (1994). . Document request number three of the second subpoena states, in relevant part: To the extent not covered by the preceding two requests, all documents that reflect communications that directly or indirectly reference or relate to the Patents, to…”

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