[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR27.203-3]



[Page 510-511]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 27_PATENTS, DATA, AND COPYRIGHTS--Table of Contents

 

                          Subpart 27.2_Patents

 

Sec. 27.203-3  Negotiated contracts (excluding construction).



    A patent indemnity clause is not required in negotiated contracts, 

(except construction contracts covered at



[[Page 511]]



27.203-5), but may be used as discussed in 27.203-4 below. A decision to 

omit a patent indemnity clause in a negotiated fixed-price contract 

described in this subsection should be based on a price consideration to 

the Government for forgoing the indemnification rights normally received 

by commercial purchasers of the same supplies or services.



[49 FR 12974, Mar. 30, 1984, as amended at 51 FR 2665, Jan. 17, 1986]