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10 U.S.C. § 3784 — Technical data under contracts for commercial items: presumption of development exclusively at private expense
Federal law — U.S. Code and appendices · legal_authorities
In the case of a challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor under a contract for commercial products, the contracting officer shall presume that the contractor or subcontractor has justified the restriction on the basis that the commercial product was developed exclusively at private expense, whether or not the contractor or subcontractor submits a justification in response to the notice provided pursuant to [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim). In such a case, the challenge to the use or release restriction may be sustained only if information provided by the Department of Defense demonstrates that the commercial product was not developed exclusively at private expense.
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Stable record: federal_law:legal_authorities:record_usc_12264144d1bbef7057ff18be
Source file: Laws/federal/codes/united-states-code/title-10/section-3784-technical-data-under-contracts-for-commercial-items-presumption-of-devel--41810a51f7.md
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Source location: Title 10, Chapter 275, § 3784; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md
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In the case of a challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor under a contract for commercial products, the contracting officer shall presume that the contractor or subcontractor has justified the restriction on the basis that the commercial product was developed exclusively at private expense, whether or not the contractor or subcontractor submits a justification in response to the notice provided pursuant to [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim). In such a case, the challenge to the use or release restriction may be sustained only if information provided by the Department of Defense demonstrates that the commercial product was not developed exclusively at private expense.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under [section 1182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1182&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1184
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 2557
TITLE 10—ARMED FORCES
§ 3784
Subsec. (d). Pub. L. 116–283, § 1833(i)(1)(B), (5)(A)–(C),
redesignated par. (4) of section 2321(d) of this title as
subsec. (d) of this section, inserted heading, substituted
‘‘subsection (a)’’ for ‘‘paragraph (1)’’ in introductory
provisions, and redesignated subparagraphs (A) and (B)
as pars. (1) and (2), respectively.
Subsec. (d)(1). Pub. L. 116–283, § 1833(i)(5)(D), sub-
stituted ‘‘this section’’ for ‘‘this subsection’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 3783. Technical data: time for contractors to
submit justifications
(a) ADDITIONAL
TIME
TO
SUBMIT
JUSTIFICA-
TIONS.—If a contractor or subcontractor assert-
ing a use or release restriction submits to the
contracting officer a written request, showing
the need for additional time to comply with the
requirement to justify the current validity of
the asserted restriction, additional time to ade-
quately permit the submission of such justifica-
tion shall be provided by the contracting officer
as appropriate.
(b) MULTIPLE CHALLENGES; SCHEDULE OF RE-
SPONSES.—If a party asserting a restriction re-
ceives notices of challenges to restrictions on
technical data from more than one contracting
officer, and notifies each contracting officer of
the existence of more than one challenge, the
contracting officer initiating the first in time
challenge, after consultation with the party as-
serting the restriction and the other contracting
officers, shall form
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3784
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