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

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

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

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Source file: Laws/federal/codes/united-states-code/title-10/section-3772-rights-in-technical-data-provisions-required-in-contracts--38016cc2ce.md
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Source location: Title 10, Chapter 275, § 3772; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md

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**(a) Contract Provisions Relating to Technical Data.—** Regulations prescribed under [section 3771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3771&num=0&edition=prelim) shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim) contain appropriate provisions relating to technical data, including provisions— (1) 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; (2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such 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 the technical data, if any, 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 United States to use such data; (6) requiring the contractor— (A) 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 (B) to deliver such revised technical data to an agency within a time specified in the contract; (7) establishing remedies to be available to the United States when technical data required to be delivered or made available under the contract is found— (A) to be incomplete or inadequate; or (B) to not satisfy the requirements of the contract concerning technical data; (8) 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; (9) providing that, in addition to technical data that is already subject to a contract delivery requirement, the United States may require, until the date occurring six years after acceptance of the last item (other than technical data) under a contract or the date of contract termination, whichever is later, the delivery of technical data that has been generated in the performance of the contract, and compensate the contractor only for reasonable costs incurred for having converted and delivered the data in the required form, upon a determination that— (A) 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 (B) the technical data— (i) pertains to an item or process developed in whole or in part with Federal funds; or (ii) is described in paragraphs (4)(A)(ii), (6), and (7) of [section 3771(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3771/b&num=0&edition=prelim); and (10) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782&num=0&edition=prelim), the contractor’s assertion of a use or release restriction on the technical data. **(b)** Nothing in this subchapter or in [section 3208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3208&num=0&edition=prelim) prohibits the Secretary of Defense from— (1) 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; (2) notwithstanding any limitation upon the license rights conveyed under [section 3771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3771&num=0&edition=prelim), 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 (3) 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.

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

10 U.S.C. § 3782 — Technical data: challenges to contractor restrictions

**(a) Challenges by Secretary of Defense.—** The Secretary of Defense may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor at any tier under a contract subject to this subchapter if the Secretary finds that— (1) reasonable grounds exist to question the current validity of the asserted restriction; and (2) the continued adherence by the United States to the asserted restriction would make it impracticable to procure the item to which the technical data pertain competitively at a later time. **(b) Time Limit for Challenges; Exceptions.—** (1) A challenge to a use or release restriction asserted by the contractor in accordance with applicable regulations may not be made under subsection (a) after the end of the six-year period described in paragraph (2) unless the technical data involved— (A) are publicly available; (B) have been furnished to the United States without restriction; (C) have been otherwise made available without restriction; or (D) are the subject of a fraudulently asserted use or release restriction. (2) The six-year period referred to in paragraph (1) is the six-year period beginning on the later of— (A) the date on which final payment is made on the contract under which the technical data are required to be delivered; or (B) the date on which the technical data are delivered under the contract. **(c) Written Notice to Contractor or Subcontractor.—** If the Secretary challenges an asserted use or release restriction under subsection (a), the Secretary shall provide written notice of the challenge to the contractor or subcontractor asserting the restriction. Any such notice shall— (1) state the specific grounds for challenging the asserted restriction; (2) require a res

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

10 U.S.C. § 3771 — Rights in technical data: regulations

**(a) Regulations Required.—** (1) **In general.—** — The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation. (2) **Other rights not impaired.—** — Regulations prescribed under paragraph (1) may not impair— (A) any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in technical data otherwise established by law; or (B) the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of technical data pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law. **(b) Required Provisions.—** Regulations prescribed under subsection (a) shall include the following provisions: (1) **Development exclusively with federal funds.—** — In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act ([15 U.S.C. 638(j)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638/j/2&num=0&edition=prelim)) apply), the United States shall have the unlimited right to— (A) use technical data pertaining to the item or process; or (B) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons. (2) **Development ex

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3771

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

10 U.S.C. § 3063 — Covered agencies

For purposes of any provision of law referring to this section, the agencies named in this section are the following: (1) The Department of Defense. (2) The Department of the Army. (3) The Department of the Navy. (4) The Department of the Air Force. (5) The Coast Guard. (6) The National Aeronautics and Space Administration.

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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).

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

10 U.S.C. § 3208 — Planning for future competition in contracts for major systems

**(a) Development Contract.—** (1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror’s price. (2) **Contents of proposals.—** — Proposals referred to in the first sentence of paragraph (1) are the following: (A) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source. (B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future. **(b) Production Contract.—** (1) **Determining whether proposals are necessary.—** — The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require such proposals, the head of the agency shall give d

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3208

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

10 U.S.C. § 3772 — Rights in technical data: provisions re-

Page 2552 TITLE 10—ARMED FORCES § 3772 ‘‘(2) CONTENTS.—Each report required by paragraph (1) shall include the following: ‘‘(A) A list of items produced through reverse en- gineering or re-engineering, disaggregated by ele- ment of the Department of Defense described in section 111(b) of title 10, United States Code that used the process established under subsection (a). ‘‘(B) Representative case studies of items listed under subparagraph (A), including a description of the use case of each item, the efforts used to ac- quire the technical data or technical data rights needed to manufacture the item, and the estimated cost or time savings obtained, the estimated cost or time savings obtained over an estimated time hori- zon of ten years of acquisition requirements, in- cluding the identification of recurring and non- recurring costs. ‘‘(C) Recommendations and lessons learned that may inform contracting guidance and procedures, especially regarding the creation of technical data packages and technical data rights through reverse engineering or re-engineering.’’ § 3772. Rights in technical data: provisions re- quired in contracts (a) CONTRACT PROVISIONS RELATING TO TECH- NICAL DATA.—Regulations prescribed under sec- tion 3771 of this title shall require that, when- ever practicable, a contract for supplies or serv- ices entered into by an agency named in section 3063 of this title contain appropriate provisions relating to technical data, including provi- sions— (1) defining the respective rights of the United States and the contractor or subcon- tractor (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 pre- sumed to be developed a

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3772

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