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  • Question

    My customer wants a base plus 2 option years on a commercial software purchase. Since software is a supply/each ( per my boss) is it possible to use 52.217-6. What would the delivery date be? The final date of the 12 year license or the start date?


    Answer

    Software can be either an item of supply, or a service (if the acquisition is for cloud computing services). Assuming it's an item of supply, the options clause at 52.217-6 is appropriate. The delivery date is the date that the user receives the software package for installation. And assuming the software is commercial software, you should also review FAR 12.212 and 27.405-3 for guidance on licensing.

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