10 U.S.C. § 3784 — Technical data under contracts for commercial items: presumption of development exclusively at private expense
submitted 5 years ago by Pub. L. 116-283 to r/title-10-ARMED-FORCES · 118 words · no verdicts yet
For a restriction on technical data for a commercial product, the contracting officer must presume the restriction is justified by exclusive private development. The challenge succeeds only if Department of Defense information shows that presumption is wrong.
In the case of a challenge to a use or release restriction that is asserted about technical data of a contractor or subcontractor under a contract for commercial products, the contracting officer* must 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 under section 3782(c) of this title . 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.
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. 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.
Source credit: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (k), Jan. 1, 2021, 134 Stat. 4231, 4233.)
- 2021Enacted · Pub. L. 116-283 · 134 Stat. 4231, 4233
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.
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