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10 U.S.C. § 3785 — Technical data: decision by contracting officer; claims; rights and liability upon final disposition

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3785 — Technical data: decision by contracting officer; claims; rights and liability upon final disposition

**(a) Decision by Contracting Officer.—** (1) Upon failure by the contractor or subcontractor to submit any response under [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim), the contracting officer shall issue a decision pertaining to the validity of the asserted restriction. (2) After review of any justification submitted 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), the contracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued. **(b) Claims.—** If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of chapter 71 of title 41. **(c) Rights and Liability Upon Final Disposition.—** (1) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is sustained— (A) the restriction shall be cancelled; and (B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in [section 2412(d)(2)(A) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/d/2/A&num=0&edition=prelim)) incurred by the United States in challenging the asserted restri

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Stable record: federal_law:legal_authorities:record_usc_b5ad4c248de31c33f578b756
Source file: Laws/federal/codes/united-states-code/title-10/section-3785-technical-data-decision-by-contracting-officer-claims-rights-and-liabili--14de27c989.md
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Source location: Title 10, Chapter 275, § 3785; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md

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**(a) Decision by Contracting Officer.—** (1) Upon failure by the contractor or subcontractor to submit any response under [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim), the contracting officer shall issue a decision pertaining to the validity of the asserted restriction. (2) After review of any justification submitted 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), the contracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued. **(b) Claims.—** If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of chapter 71 of title 41. **(c) Rights and Liability Upon Final Disposition.—** (1) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is sustained— (A) the restriction shall be cancelled; and (B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in [section 2412(d)(2)(A) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/d/2/A&num=0&edition=prelim)) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust. (2) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is not sustained— (A) the United States shall continue to be bound by the restriction; and (B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in [section 2412(d)(2)(A) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/d/2/A&num=0&edition=prelim)) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1185 — Rights and procedures

**(a)** Under regulations prescribed by the Secretary of Defense, each officer required under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) to show cause for retention on active duty— (1) shall be notified in writing, at least 30 days before the hearing of his case by a board of inquiry, of the reasons for which he is being required to show cause for retention on active duty; (2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare his showing of cause for his retention on active duty; (3) subject to subsection (c), shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to his case, except that the board of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national security. **(b)** When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld. **(c)** The Secretary concerned may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry may be via means other than in person.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3786 — Use or release restriction: definition

In this subchapter, the term “use or release restriction”, with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor or subcontractor on the right of the United States— (1) to use such technical data; or (2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3785 — Technical data: decision by contracting

Page 2558 TITLE 10—ARMED FORCES § 3785 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. § 3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition (a) DECISION BY CONTRACTING OFFICER.— (1) Upon failure by the contractor or subcon- tractor to submit any response under section 3782(c) of this title, the contracting officer shall issue a decision pertaining to the valid- ity of the asserted restriction. (2) After review of any justification sub- mitted in response to the notice provided pur- suant to section 3782(c) of this title, the con- tracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued. (b) CLAIMS.—If a claim pertaining to the valid- ity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of chap- ter 71 of title 41. (c) RIGHTS AND LIABILITY UPON FINAL DISPOSI- TION.— (1) If, upon final disposition, the contracting officer’s challenge to the use or release re- striction is sustained— (A) the restriction shall be cancelled; and (B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for pay- ment of the cost to the United Sta

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3785

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