PGI 227.673 (R-DFARS)

Deviated Text

This text comes from the Word attachment to class deviation 2026-O0036, not from acquisition.gov. The deviation memo directs contracting officers to use it in place of the codified PGI. The source attachment linked below is authoritative.

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(a) Contracts between the Government and a primary source to provide technical assistance or patent rights to a second source for the manufacture of supplies or performance of services must, to the extent practicable, specify the rights in patents and data and any other rights to be supplied to the second source. Each contract should provide, in connection with any separate agreement between the primary source and the second source for patent rights or technical assistance relating to the articles or services involved in the contract, that—

(1) The primary source and its subcontractors shall not make, on account of any purchases by the Government or by others with funds derived through the Foreign Military Financing Program or otherwise through the Government, any charge to the second source for royalties or amortization for patents or inventions in which the Government holds a royalty-free license; or data which the Government has the right to possess, use, and disclose to others; or any technical assistance provided to the second source for which the Government has paid under a contract between the Government and the primary source; and

(2) The separate agreement between the primary and second source shall include a statement referring to the contract between the Government and the primary source, and it must conform to the requirements of the International Traffic in Arms Regulations (see PGI 227.675-1).

(b) Consider the following factors, among others, in negotiating the price to be paid the primary source under contracts within (a) of this section—

(1) The actual cost of providing data, personnel, manufacturing aids, samples, spare parts, etc.;

(2) The extent to which the Government has contributed to the development of the supplies or services, and to the methods of manufacture or performance, through past contracts for research and development or for manufacture of the supplies or performance of the services; and

(3) The Government’s patent rights and rights in data relating to the supplies or services and to the methods of manufacture or of performance.

Sources: Deviation attachment (.docx) · Codified PGI 227.673

PGI 227.673: Foreign license and technical assistance agreements between the Government and domestic concerns.

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