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FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.72

DFARS 227.7202-1 Policy.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This DFARS section sets policy for acquiring commercial computer software and its documentation. It says the government should generally use the vendor's standard public license and buy competitively with firm-fixed-price contracts. It also limits what contractors must provide and what rights they must give up.

Applies to: Acquisitions of commercial computer software and commercial computer software documentation

What it requires

  • Acquire commercial computer software and documentation under licenses customarily provided to the public, unless those licenses conflict with Federal procurement law or do not meet user needs.
  • Obtain commercial computer software and documentation competitively, to the maximum extent practicable, using firm-fixed-price contracts or firm-fixed-priced orders under available pricing schedules.

Key terms: commercial computer software · commercial computer software documentation · firm-fixed-price contracts · firm-fixed-priced orders · Government solicitation

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Commercial computer software or commercial computer software documentation shall be acquired under the licenses customarily provided to the public unless such licenses are inconsistent with Federal procurement law or do not otherwise satisfy user needs.

(b) Commercial computer software and commercial computer software documentation shall be obtained competitively, to the maximum extent practicable, using firm-fixed-price contracts or firm-fixed-priced orders under available pricing schedules.

(c) Offerors and contractors shall not be required to—

(1) Furnish technical information related to commercial computer software or commercial computer software documentation that is not customarily provided to the public except for information documenting the specific modifications made at Government expense to such software or documentation to meet the requirements of a Government solicitation; or

(2) Relinquish to, or otherwise provide, the Government rights to use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except for a transfer of rights mutually agreed upon.

(d) When establishing contract requirements and negotiation objectives to meet agency needs, the Government should consider the factors identified in 227.7203-2(b) and (c) for commercial computer software and computer software documentation, consistent with paragraph (c) of this section.

Sections it refers to

  • 227.7203-2 Acquisition of other than commercial computer software and computer software documentation and associated rights.

← 227.7202 Commercial computer software and commercial computer software documentation. · 227.7202-2 [Reserved] →

Rule changes for DFARS Part 227

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 227.7202-1 Policy · SpendQuery