Computer soft are Sample Clauses
Computer soft are. (i) Asserted re- strictions should be reviewed before ac- ceptance of the computer software de- liverable under a contract. The Govern- ment’s right to challenge an assertion expires three years after final payment under the contract or three years after delivery of the software, whichever is later. Those limitations on the Govern- ment’s challenge rights do not apply to software that is publicly available, has been furnished to the Government without restrictions, or has been other- wise made available without restric- tions.
(ii) Contracting officers must have reasonable grounds to challenge the current validity of an asserted restric- tion. Before challenging an asserted re- striction, carefully consider all avail- able information pertaining to the as- serted restrictions. Resolution of ques- tions regarding the validity of asserted restrictions using the process described at 227.7203–12(b)(2) is strongly encour- aged. After consideration of the situa- tions described in paragraph (c) of this subsection, contracting officers may request the person asserting a restric- tion to furnish a written explanation of the facts and supporting documenta- tion for the assertion in sufficient de- tail to enable the contracting officer to determine the validity of the assertion. Additional supporting documentation may be requested when the explanation provided by that person does not, in the contracting officer’s opinion, estab- lish the validity of the assertion.
(iii) Assertions may be challenged whether or not supporting documenta- tion was requested. Challenges must be in writing and issued to the person as- serting the restriction.
