48 CFR § 27.202-2 - 27.202-2 Notice of Government as a licensee.

---
identifier: "/us/cfr/t48/s27.202-2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 27.202-2 - 27.202-2   Notice of Government as a licensee."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "27.202-2"
section_name: "27.202-2   Notice of Government as a licensee."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "E"
subchapter_name: "GENERAL CONTRACTING REQUIREMENTS"
part_number: "27"
part_name: "PATENTS, DATA, AND COPYRIGHTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "72 FR 63049, Nov. 7, 2007, unless otherwise noted."
cfr_part: "27"
---


# 27.202-2 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.