Contracts (General)
Refer to
31 U.S.C. 6303
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The Government and a contractor enter into a contract (an acquisition instrument) in which the
contractor is required to provide supplies and services to the Government. Types of contracts
include cost, cost-sharing, and fixed-price.
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Government's purpose is to acquire goods, services, or research for the primary benefit of the
Government
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Can be used to fund R&D that may eventually be transferred to the private sector
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All contractors regardless of size may obtain title to inventions, but Government normally
retains Government Purpose License Rights (GPLR) and "march-in" rights
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Allocation of patent rights determined by the type of contractor performing the work: large
businesses may frequently obtain a waiver on inventions where waiver criteria are satisfied; and
nonprofit organizations/small businesses may obtain title to inventions under the Patent and Trademark Amendments Act of 1980 (Public Law 96-517).
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Competition laws and requirements apply
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Governed by FAR and procurement statutes (CICA, Procurement Integrity, etc.)
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