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Great question.

It depends. This is something the program office would consider as part of its acquisition strategy, and then this would be part of the competitive bid process and contract negotiations.

There is such a thing as Government Purpose Rights (GPR) that might, for example, allow the government to subcontract with third parties for replacement parts which would enable competition to keep costs down. This is really important because most of the costs in an acquisition come from the long tail of sustainment, not the initial purchase.

For something like the M17/M18, the Army wouldn’t necessarily want or need to buy the complete intellectual property behind the weapon. What they care about is having enough rights to ensure lifecycle support, competition for parts or sustainment contracts, etc. Your example of a company going out of business is a perfect example of where GPR would be relevant.



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