52.227-19 Commercial Computer Software License
Source: FAR 52.227-19 on acquisition.gov
FAR 52.227-19 ensures the Government receives specific, non-negotiable rights to use, duplicate, and disclose commercial computer software, overriding standard commercial license restrictions.
Overview
FAR 52.227-19 establishes the minimum rights the U.S. Government obtains when acquiring commercial computer software under a federal contract. This clause overrides any conflicting terms in the contractor’s standard commercial license, ensuring that the Government receives specific rights to use, duplicate, and disclose the software as outlined in the regulation. The clause mandates compliance with federal law and the FAR, and it details the permitted uses, including installation, backup, modification, and use by support contractors. If the software is available to the public without disclosure restrictions, the Government receives it on the same terms. Contractors must also affix a specific notice to all delivered software, clarifying the Government’s rights under the contract.
Key Rules
- Government Rights Supersede Standard Licenses
- The Government’s rights to use, duplicate, and disclose software are defined by this clause, not by the contractor’s standard license terms.
- Permitted Uses by the Government
- The Government may use, copy, back up, modify, and disclose the software within specified limits, including use by support contractors and on replacement or backup computers.
- Notice Requirement
- Contractors must attach a specific notice to all delivered software, stating the Government’s rights under the contract.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and that delivered software bears the required notice.
- Contractors: Comply with the Government’s rights as specified, and affix the required notice to all delivered software.
- Agencies: Oversee compliance and resolve any disputes regarding software rights.
Practical Implications
- This clause ensures the Government is not restricted by standard commercial software licenses and can use the software as needed for its operations. Contractors must be aware that their usual license restrictions do not apply to the Government, and failure to affix the required notice or comply with these terms can result in contractual issues or disputes.
As prescribed in 27.409(g), insert the following clause:
Commercial Computer Software License (Dec 2007)
(a) Notwithstanding any contrary provisions contained in the Contractor’s standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation.
(b)
(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract.
(2) The commercial computer software may be-
(i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred;
(ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative;
(iii) Reproduced for safekeeping (archives) or backup purposes;
(iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract;
(v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and
(vi) Used or copied for use with a replacement computer.
(3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions.
(c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract:
Notice-Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No.___________________________.
(End of clause)