48 CFR § 27.202-5 - 27.202-5 Solicitation provisions and contract clause.

---
identifier: "/us/cfr/t48/s27.202-5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 27.202-5 - 27.202-5   Solicitation provisions and contract clause."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "27.202-5"
section_name: "27.202-5   Solicitation provisions and contract clause."
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: "2026-03-24"
last_updated: "2026-03-24"
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"
---


# 27.202-5 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]