[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR27.203-4]

[Page 493]
 
            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.