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41 U.S.C. § 2302 — Rights in technical data
Federal law — U.S. Code and appendices · legal_authorities
**(a) Where Defined.—** The legitimate proprietary interest of the Federal Government and of a contractor in technical or other data shall be defined in regulations prescribed as part of the Federal Acquisition Regulation.
**(b) General Extent of Regulations.—**
(1) **Other rights not impaired.—** — Regulations prescribed under subsection (a) may not impair a right of the Federal Government or of a contractor with respect to a patent or copyright or another right in technical data otherwise established by law.
(2) **Limitation on requiring data be provided to the government.—** — With respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that the Federal Government may not require a person that has developed a product (or process offered or to be offered for sale to the public) to provide to the Federal Government technical data relating to the design (or development or manufacture of the product or process) as a condition of procurement by the Federal Government of the product or process. This paragraph does not apply to data that may be necessary for the Federal Government to operate and maintain the product or use the process if the Federal Government obtains it as an element of performance under the contract.
**(c) Technical Data Developed With Federal Funds.—**
(1) **Use by government and agencies.—** — Except as otherwise expressly provided by Federal statute, with respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that—
(A) the Federal Government has unlimited rights in technical data developed exclusively with Federal funds if delivery of the data—
(i) was required as an element of performance under a contract; and
(ii) is needed
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Source location: Title 41, Chapter 23, § 2302; chapter-023-chapter-23.md
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**(a) Where Defined.—** The legitimate proprietary interest of the Federal Government and of a contractor in technical or other data shall be defined in regulations prescribed as part of the Federal Acquisition Regulation.
**(b) General Extent of Regulations.—**
(1) **Other rights not impaired.—** — Regulations prescribed under subsection (a) may not impair a right of the Federal Government or of a contractor with respect to a patent or copyright or another right in technical data otherwise established by law.
(2) **Limitation on requiring data be provided to the government.—** — With respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that the Federal Government may not require a person that has developed a product (or process offered or to be offered for sale to the public) to provide to the Federal Government technical data relating to the design (or development or manufacture of the product or process) as a condition of procurement by the Federal Government of the product or process. This paragraph does not apply to data that may be necessary for the Federal Government to operate and maintain the product or use the process if the Federal Government obtains it as an element of performance under the contract.
**(c) Technical Data Developed With Federal Funds.—**
(1) **Use by government and agencies.—** — Except as otherwise expressly provided by Federal statute, with respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that—
(A) the Federal Government has unlimited rights in technical data developed exclusively with Federal funds if delivery of the data—
(i) was required as an element of performance under a contract; and
(ii) is needed to ensure the competitive acquisition of supplies or services that will be required in substantial quantities in the future; and
(B) the Federal Government and each agency of the Federal Government has an unrestricted, royalty-free right to use, or to have its contractors use, for governmental purposes (excluding publication outside the Federal Government) technical data developed exclusively with Federal funds.
(2) **Requirements in addition to other rights of the government.—** — The requirements of paragraph (1) are in addition to and not in lieu of any other rights the Federal Government may have pursuant to law.
**(d) Factors To Be Considered in Prescribing Regulations.—** The following factors shall be considered in prescribing regulations under subsection (a):
(1) Whether the item or process to which the technical data pertains was developed—
(A) exclusively with Federal funds;
(B) exclusively at private expense; or
(C) in part with Federal funds and in part at private expense.
(2) The statement of congressional policy and objectives in [section 200 of title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section200&num=0&edition=prelim), the statement of purposes in section 2(b) of the Small Business Innovation Development Act of 1982 (Public Law 97–219, [15 U.S.C. 638](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim) note), and the declaration of policy in section 2 of the Small Business Act ([15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim)).
(3) The interest of the Federal Government in increasing competition and lowering costs by developing and locating alternative sources of supply and manufacture.
**(e) Provisions Required in Contracts.—** Regulations prescribed under subsection (a) shall require that a contract for property or services entered into by an executive agency contain appropriate provisions relating to technical data, including provisions—
(1) defining the respective rights of the Federal Government and the contractor or subcontractor (at any tier) regarding technical data to be delivered under the contract;
(2) specifying technical data to be delivered under the contract and schedules for delivery;
(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract;
(4) establishing separate contract line items for technical data to be delivered under the contract;
(5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the Federal Government to use the data;
(6) requiring the contractor 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 the revised technical data to an agency within a time specified in the contract;
(7) requiring the contractor to furnish written assurance, when technical data is delivered or is made available, that the technical data is complete and accurate and satisfies the requirements of the contract concerning technical data;
(8) establishing remedies to be available to the Federal Government when technical data required to be delivered or made available under the contract is found to be incomplete or inadequate or to not satisfy the requirements of the contract concerning technical data; and
(9) authorizing the head of the agency to withhold payments under the contract (or exercise another remedy 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy.
**(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered—
(1) to assist small-business concerns to obtain Government contracts for research and development;
(2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense;
(3) to provide technical assistance to small-business concerns to accomplish the purposes of this section;
(4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs;
(5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 638
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation.
**(b) Assistance to compete in international markets**
(1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—
(A) enhancing their abil
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development; to encourage maximum participation of small business firms in federally supported research and development efforts; to promote collaboration between commercial concerns and nonprofit organizations, including universities; to ensure that inventions made by nonprofit organizations and small business firms are used in a manner to promote free competition and enterprise without unduly encumbering future research and discovery; to promote the commercialization and public availability of inventions made in the United States by United States industry and labor; to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions; and to minimize the costs of administering policies in this area.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 200
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Federal law — U.S. Code and appendices · legal_authorities
Page 748
TITLE 15—COMMERCE AND TRADE
§ 631
Section 618, act June 30, 1947, ch. 166, title II, § 208, 61
Stat. 209, related to purchase and sale of surplus prop-
erty, and was repealed by act of May 25, 1948, ch. 334,
§ 7, 62 Stat. 265.
Section 619, act July 29, 1947, ch. 346, title II, § 201, 61
Stat. 515, related to limitations on use of funds of the
Corporation, which Corporation was abolished by sec-
tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out
preceding section 601 of this title.
CHAPTER 14A—AID TO SMALL BUSINESS
Sec.
631.
Declaration of policy.
631a.
Congressional declaration of small business
economic policy.
631b.
Reports to Congress; state of small business.
631c.
Small Business Manufacturing Task Force.
632.
Definitions.
633.
Small Business Administration.
633a.
Detailed justification for proposed changes in
budget requests.
634.
General powers.
634a.
Office of Advocacy within Small Business Ad-
ministration; Chief Counsel for Advocacy.
634b.
Primary functions of Office of Advocacy.
634c.
Additional duties of Office of Advocacy.
634d.
Staff and powers of Office of Advocacy.
634e.
Assistance of Government agencies.
634f.
Reports.
634g.
Budgetary line item and authorization of ap-
propriations.
635.
Deposit of moneys; depositaries, custodians,
and fiscal agents; contributions to employ-
ees’ compensation funds.
636.
Additional powers.
636a.
Repealed.
636b.
Disaster loan interest rates.
636c.
Age of applicant for disaster loans.
636d.
Disaster aid to major sources of employment.
636e.
Definitions.
636f.
Coordination of efforts between the Adminis-
trator and the Internal Revenue Service to
expedite loan processing.
636g.
Developmen
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 631
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 631. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 922
TITLE 15—COMMERCE AND TRADE
§ 637d
(3) the term ‘‘Government procurement con-
tract’’ means any contract for the procure-
ment of any goods or services by any Federal
agency.
(Pub. L. 95–507, title II, § 224(a), Oct. 24, 1978, 92
Stat. 1772; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95–507,
Oct. 24, 1978, 92 Stat. 1757. For complete classification
of this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of the Small Busi-
ness Act which comprises this chapter.
AMENDMENTS
2004—Par. (2). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’.
§ 637d. Subcontracting plan reports
(1) Reporting requirements
Not later than 1 year after January 2, 2013, the
Administrator of the Small Business Adminis-
tration shall take such actions as are necessary
to ensure that the electronic subcontracting re-
porting system established by the Administra-
tion to carry out the requirement of section
637(d)(6)(E) of this title is modified to ensure
that it can identify entities that fail to submit
required reports.
(2) Annual report
Not later than March 31 of each year, the Ad-
ministrator of the Small Business Administra-
tion shall provide the Committee on Small Busi-
ness of the House of Representatives and the
Committee on Small Business and Entrepre-
neurship of the Senate a report, based on data
available through existing systems, that sets
forth, by agency (and to the extent practicable,
by type of goal or plan), the following informa-
tion:
(A) the percentage of entities required to
submit reports pursuant to section 637(d)(6) of
this title that filed such reports and that
failed t
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 638
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 638. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 71
TITLE 41—PUBLIC CONTRACTS
§ 2302
Editorial Notes
AMENDMENTS
2016—Subsec. (f). Pub. L. 114–328 added subsec. (f).
Executive Documents
STREAMLINING PROCUREMENT THROUGH ELECTRONIC
COMMERCE
Memorandum of President of the United States, Oct.
28, 1993, 58 F.R. 58095, provided:
Memorandum for the Heads of Executive Depart-
ments and Agencies [and] the President’s Management
Council
The Federal Government spends $200 billion annually
buying goods and services. Unfortunately, the red tape
and burdensome paperwork of the current procurement
system increases costs, produces unnecessary delays,
and reduces Federal work force productivity. Moving to
an electronic commerce system to simplify and stream-
line the purchasing process will promote customer
service and cost-effectiveness. The electronic exchange
of acquisition information between the private sector
and the Federal Government also will increase com-
petition by improving access to Federal contracting op-
portunities for the more than 300,000 vendors currently
doing business with the Government, particularly
small businesses, as well as many other vendors who
find access to bidding opportunities difficult under the
current system. For these reasons, I am committed to
fundamentally altering and improving the way the Fed-
eral Government buys goods and services by ensuring
that electronic commerce is implemented for appro-
priate Federal purchases as quickly as possible.
1. OBJECTIVES.
The objectives of this electronic commerce initiative
are to:
(a) exchange procurement information—such as so-
licitations, offers, contracts, purchase orders, invoices,
payments, and other contractual documents—elec-
tronically between the private sector and the Federal
Government to the maximum extent prac
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 2302
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.