252.227-7019 Validation of asserted restrictions-Computer software.

12. Amend section 252.227-7019 by--

(a) Amending the clause date by removing "(JUN 1995)" and adding in its place "(SEP 2011)";

(b) Redesignating paragraphs (f) through (i) as paragraphs (g) through (j), respectively;

(d) Revising the newly redesignated paragraph (g)(5);

(e) Amending the newly redesignated paragraph (h)(1) introductory text by removing "(g)(3)", and adding in its place "(h)(3)"; and

(f) Amending the newly redesignated paragraph h)(3) by removing "(g)(1)", and adding in its place "(h)(1)".

The additions and revisions read as follows:

252.227-7019 Validation of asserted restrictions-Computer software.

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(f) Major systems. When the Contracting Officer challenges an asserted restriction regarding noncommercial computer software for a major system or a subsystem or component thereof on the basis that the computer software was not developed exclusively at private expense, the Contracting Officer will sustain the challenge unless information provided by the Contractor or subcontractor demonstrates that the computer software was developed exclusively at private expense.

(g) * * *

(5) If the Contractor fails to respond to the Contracting Officer's request for information or additional information under paragraph (g)(1) of this clause, the Contracting Officer will issue a final decision, in accordance with paragraph (f) of this clause and the Disputes clause of this contract, pertaining to the validity of the asserted restriction.

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