Common use of Deferred ordering Clause in Contracts

Deferred ordering. Use the clause at 252.227–7027, Deferred Ordering of Technical Data or Computer Software, when a firm requirement for software or documentation has not been estab- lished prior to contract award but there is a potential need for computer software or computer software docu- mentation. Under this clause the con- tracting officer may order any com- puter software or computer software documentation generated in the per- formance of the contract or any sub- contract thereunder at any time until three years after acceptance of all items (other than technical data or computer software) under the contract or contract termination, whichever is later. The obligation of subcontractors to deliver such technical data or com- puter software expires three years after the date the contractor accepts the last item under the subcontract. When the software or documentation are or- dered, the delivery dates shall be nego- tiated and the contractor compensated only for converting the software or documentation into the prescribed form, reproduction costs, and delivery costs. (a) Copyright license. (1) The clause at 252.227–7014, Rights in Noncommercial Computer Software and Noncommer- cial Computer Software Documenta- tion, requires a contractor to grant, or obtain for the Government license rights which permit the Government to reproduce the software or documenta- tion, distribute copies, perform or dis- play the software or documentation and, through the right to modify data, prepare derivative works. The extent to which the Government, and others acting on its behalf, may exercise these rights varies for each of the standard data rights licenses obtained under the clause. When non-standard license rights in computer software or com- puter software documentation will be negotiated, negotiate the extent of the copyright license concurrent with ne- gotiations for the data rights license. Do not negotiate copyright licenses for computer software that provide less rights than the standard restricted rights in computer software license. For computer software documentation, do not negotiate a copyright license that provides less rights than the standard limited rights in technical data license.