The patent coverage in Federal
Acquisition Regulation subpart 27.2 requires the contractor to
report each notice of a claim of patent or copyright infringement
that came to the contractor's attention in connection with
performing a Government contract (sections 27.202-1 and 52.227-2).
The contractor is also required to report all royalties anticipated
or paid in excess of $250 for the use of patented inventions by
furnishing the name and address of licensor, date of license
agreement, patent number, brief description of item or component,
percentage or dollar rate of royalty per unit, unit price of
contract item, and number of units (sections 27.202-5, 52.227-6,
and 52.227-9).
The information collection
requirement in the FAR increased slightly for the estimated number
of respondents and responses received annually. Updates were made
to the average wages and overhead based on current Office of
Personnel Management and Office of Management and Budget rates.
There is no centralized database in the Federal Government that
maintains information regarding notice or claim of patent or
copyright infringement, when a response to a solicitation contains
costs or charges to royalties or when a contractor submits a
statement of royalties paid or required to be paid. Therefore, data
was extrapolated from the Federal Business Opportunities website to
determine the number of respondents and responses received
annually. To assist in validating this data, subject matter experts
in the area of patent law were consulted as well as multiple
Federal Supply Schedule contracts were reviewed to determine
whether the applicable clauses and provision were included.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.