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                            27.405-3 Commercial computer software.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart27.027.127.227.327.427.5
Section27.40027.40127.40227.40327.40427.40527.40627.40727.40827.409
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27.405-3 Commercial computer software.27.405-3 Commercial computer	software.       (a) 						            When contracting other than from	GSA’s Multiple Award Schedule contracts for the acquisition of commercial	computer software, no specific contract clause prescribed in this	subpart need be used, but the contract shall specifically address the	Government’s rights to use, disclose, modify, distribute, and reproduce	the software. Section  12.212 sets	forth the guidance for the acquisition of commercial computer software	and states that commercial computer software or commercial computer	software documentation shall be acquired under licenses customarily	provided to the public to the extent the license is consistent with	Federal law and otherwise satisfies the Government’s needs. The	clause at  52.227-19, Commercial	Computer Software License, may be used when there is any confusion	as to whether the Government’s needs are satisfied or whether a	customary commercial license is consistent with Federal law. Additional	or lesser rights may be negotiated using the guidance concerning	restricted rights as set forth in  27.404-2(d), or the clause	at  52.227-19. If greater rights	than the minimum rights identified in the clause at  52.227-19 are needed,	or lesser rights are to be acquired, they shall be negotiated and	set forth in the contract. This includes any additions to, or limitations	on, the rights set forth in paragraph (b) of the clause at  52.227-19 when used. Examples	of greater rights may be those necessary for networking purposes	or use of the software from remote terminals communicating with	a host computer where the software is located. If the computer software	is to be acquired with unlimited rights, the contract shall also	so state. In addition, the contract shall adequately describe the	computer programs and/or databases, the media on which it is recorded,	and all the necessary documentation.                                          (b) 						            If the	contract incorporates, makes reference to, or uses a vendor’s standard	commercial lease, license, or purchase agreement, the contracting	officer shall ensure that the agreement is consistent with paragraph (a) of	this subsection. The contracting officer should exercise caution	in accepting a vendor’s terms and conditions, since they may be	directed to commercial sales and may not be appropriate for Government	contracts. Any inconsistencies in a vendor’s standard commercial	agreement shall be addressed in the contract and the contract terms	shall take precedence over the vendor’s standard commercial agreement.	If the clause at  52.227-19 is	used, inconsistencies in the vendor’s standard commercial agreement	regarding the Government’s right to use, reproduce or disclose the	computer software are reconciled by that clause.                                          (c) 						            If a prime	contractor under a contract containing the clause at  52.227-14, Rights in Data-General,	with paragraph (g)(4) (Alternate III) in the clause, acquires restricted	computer software from a subcontractor (at any tier) as a separate	acquisition for delivery to or for use on behalf of the Government,	the contracting officer may approve any additions to, or limitations	on the restricted rights in the Restricted Rights Notice of paragraph	(g)(4) in a collateral agreement incorporated in and made part of	the contract.    **Parent topic:**  27.405 Other data rights provisions.
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