227.7203-17  Overseas contracts with foreign sources.

(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 Noncommercial Computer Software and NoncommercialComputer Software Documentation, when the Government requires the unrestrictedright to use, modify, reproduce, release, perform, display, or disclose all computersoftware or computer software documentation to be delivered under the contract. Donot 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 computersoftware documentation that are not less than the rights the Government would haveobtained under the software rights clause(s) prescribed in this part for a comparableprocurement 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.