SpendQueryBeta

FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.3

FAR 27.304-2 Contracts placed by or for other Government agencies.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how patent rights clauses are handled when one government agency awards a contract on behalf of another. It ensures that the correct patent rights clause is included, especially when the requesting agency requires its own clause. Contractors should understand that the clause used may depend on the requesting agency's instructions and whether the work is severable.

Applies to: Government contracts placed by one agency for another agency

What it requires

  • The awarding agency must use the requesting agency's clause if the request states it is required and the work is not severable and funded by the requesting agency.
  • If the work is severable, the contracting officer must ensure the requesting agency's clause applies only to that portion and the awarding agency's work gets the appropriate clause.
  • If the request states no agency clause is required, the awarding agency must use the appropriate patent rights clause, if any.
  • The awarding agency may not alter the requesting agency's clause without prior approval.

Key terms: interagency agreement · patent rights clause · severable · requesting agency · awarding agency

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

The following procedures apply unless an interagency agreement provides otherwise:

(a) When a Government agency requests another Government agency to award a contract on its behalf, the request should explain any special circumstances surrounding the contract and specify the patent rights clause to be used. The clause should be selected and modified, if necessary, in accordance with the policies and procedures of this subpart. If, however, the request states that a clause of the requesting agency is required (e.g., because of statutory requirements, a deviation, or exceptional circumstances), the awarding agency shall use that clause rather than those of this subpart.

(1) If the request states that an agency clause is required and the work to be performed under the contract is not severable and is funded wholly or in part by the requesting agency, then include the requesting agency clause and no other patent rights clause in the contract.

(2) If the request states that an agency clause is required, and the work to be performed under the contract is severable, then the contracting officer shall assure that the requesting agency clause applies only to that severable portion of the work and that the work for the awarding agency is subject to the appropriate patent rights clause.

(3) If the request states that a requesting agency clause is not required in any resulting contract, the awarding agency shall use the appropriate patent rights clause, if any.

(b) Any action requiring an agency determination, report, or deviation involved in the use of the requesting agency's clause is the responsibility of the requesting agency unless the agencies agree otherwise. However, the awarding agency may not alter the requesting agency's clause without prior approval of the requesting agency.

(c) The requesting agency may require, and provide instructions regarding, the forwarding or handling of any invention disclosures or other reporting requirements of the specified clauses. Normally, the requesting agency is responsible for the administration of any subject inventions. This responsibility shall be established in advance of awarding any contracts.

Sections that refer to it

← 27.304-1 General. · 27.304-3 Subcontracts. →

Rule changes for FAR Part 27

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 27.304-2 Contracts placed by or for other Government agencies · SpendQuery