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

DFARS 227.7203-17 Overseas contracts with foreign sources.

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 section tells contracting officers when they may use a special technical data and computer software rights clause for contracts performed overseas by foreign contractors. It allows that clause instead of the standard software rights clause when the Government needs unrestricted rights to the software, but not for special works or Canadian purchases. If the Government does not need unlimited rights, the clause may be tailored, but the Government should still get rights at least as good as it would get in a comparable U.S. procurement.

Applies to: Contracts with foreign contractors performed overseas, excluding Canadian purchases and special works

What it requires

  • Do not use the foreign clause in contracts for special works.
  • For Canadian purchases, include the appropriate software rights clause prescribed for a comparable procurement performed within the United States or its outlying areas.
  • When the Government does not require unlimited rights, obtain rights to the computer software or documentation that are not less than the rights the Government would have obtained under the prescribed software rights clause(s) for a comparable U.S. procurement.

Key terms: unrestricted right · unlimited rights · special works · Canadian purchases · outlying areas

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

The text

(a) The clause at 252.227-7032, Rights in Technical Data and Computer Software (Foreign), may be used in contracts with foreign contractors to be performed overseas, except Canadian purchases (see paragraph (c) of this subsection) in lieu of the clause at 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, when the Government requires the unrestricted right to use, modify, reproduce, release, perform, display, or disclose all computer software or computer software documentation to be delivered under the contract. Do not use the clause in contracts for special works.

(b) When the Government does not require unlimited rights, the clause at 252.227-7032 may be modified to accommodate the needs of a specific overseas procurement situation. The Government should obtain rights to the computer software or computer software documentation that are not less than the rights the Government would have obtained under the software rights clause(s) prescribed in this part for a comparable procurement performed within the United States or its outlying areas.

(c) Contracts for Canadian purchases shall include the appropriate software rights clause prescribed in this part for a comparable procurement performed within the United States or its outlying areas.

Sections it refers to

  • 252.227-7032 Rights in technical data and computer software (foreign).
  • 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.

← 227.7203-16 Providing computer software or computer software documentation to foreign governments, foreign contractors, or international organizations. · 227.7204 Contracts under the Small Business Innovation Research Program. →

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 227.7203-17 Overseas contracts with foreign sources · SpendQuery