[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: 48CFR27.203-4]



[Page 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. 27.203-4  Clauses for negotiated contracts (excluding construction).



    (a) The contracting officer may insert the clause at 52.227-3, 

Patent Indemnity--

    (1) As authorized in 27.203-1(b)(2)(ii); and

    (2) Except as prohibited by 27.203-1(b), in solicitations 

anticipating negotiated contracts (and such contracts) for supplies or 

services (excluding construction and dismantling, demolition, and 

removal of improvements), if the contracting officer determines that the 

supplies or services (or such items with relatively minor modifications) 

normally are or have been sold or offered for sale by any supplier to 

the public in the commercial open market. Ordinarily, the contracting 

officer, in consultation with the prospective contractor, should be able 

to determine whether the supplies or services being purchased normally 

are or have been sold or offered for sale by any supplier to the public 

in the commercial open market. (For negotiated construction contracts, 

see 27.203-5).

    (b) In solicitations and contracts that call in part for specific 

components, spare parts, or services (or such items with relatively 

minor modifications) that normally are or have been sold or offered for 

sale by any supplier to the public in the commercial open market, the 

contracting officer may use the clause with its Alternate I or II, as 

appropriate. The choice between Alternate I (identification of excluded 

items) and Alternate II (identification of included items) should be 

based upon simplicity, Government administrative convenience, and the 

ease of identification of the items.

    (c) In solicitations and contracts for communication services and 

facilities where performance is by a common carrier, and the services 

are unregulated and are not priced by a tariff schedule set by a 

regulatory body, the clause shall be used with its Alternate III.