10 U.S.C. § 3772: Rights in technical data: provisions required in contracts

defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract and providing that, in the case of a contract for a commercial product, the product shall be presumed to be developed at private expense unless shown otherwise in accordance with section 3784; specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery; establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract; establishing separate contract line items for the technical data, if any, to be delivered under the contract; to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the United States to use such data; to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract; and to deliver such revised technical data to an agency within a time specified in the contract; to be incomplete or inadequate; or to not satisfy the requirements of the contract concerning technical data; authorizing the head of the agency to withhold payments under the contract (or exercise such other remedies as the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data; the technical data is needed for the purpose of reprocurement, sustainment, modification, or upgrade (including through competitive means) of a major system or subsystem thereof, a weapon system or subsystem thereof, or any noncommercial product or process; and pertains to an item or process developed in whole or in part with Federal funds; or is described in paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of this title ; and providing that the United States is not foreclosed from requiring the delivery of the technical data by a failure to challenge, in accordance with the requirements of section 3782 of this title , the contractor’s assertion of a use or release restriction on the technical data. prescribing standards for determining whether a contract entered into by the Department of Defense shall provide for a time to be specified in the contract after which the United States shall have the right to use (or have used) for any purpose of the United States all technical data required to be delivered to the United States under the contract or providing for such a period of time (not to exceed 7 years) as a negotiation objective; notwithstanding any limitation upon the license rights conveyed under section 3771 of this title , allowing a covered Government support contractor access to and use of any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of the program or effort to which such technical data relates; or prescribing reasonable and flexible guidelines, including negotiation objectives, for the conduct of negotiations regarding the respective rights in technical data of the United States and the contractor.