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e-CFR data is current as of February 24, 2021

Title 48Chapter 15Subchapter F → Part 1539

Title 48: Federal Acquisition Regulations System



Subpart 1539.2—Open Source Software

§1539.2071   Contract clause.

Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.

Source: 85 FR 46558, Aug. 3, 2020, unless otherwise noted.

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Subpart 1539.2—Open Source Software

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§1539.2071   Contract clause.

(a) Contracting Officers shall use clause 1552.239-71, Open Source Software, for all procurements where open-source software development/custom development of software will be required; including, but not limited to, multi-agency contracts, Federal Supply Schedule orders, Governmentwide Acquisition Contracts, interagency agreements, cooperative agreements and student services contracts.

(b) In addition to clause 1552.239-71, Contracting Officers must also select the appropriate version* of Federal Acquisition Regulation (FAR) clause 52.227-14, Rights in Data—General, to include in the subject procurement in accordance with FAR 27.409. (*Important note: Alternate IV of clause 52.227-14 is NOT suitable for open-source software procurement use because it gives the contractor blanket permission to assert copyright.)

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