Regulations last checked for updates: Oct 18, 2024

Title 48 - Federal Acquisition Regulations System last revised: Oct 10, 2024
§ 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.)

authority: 5 U.S.C. 301 and 41 U.S.C. 418b.
source: 85 FR 46558, Aug. 3, 2020, unless otherwise noted.
cite as: 48 CFR 1539.2071