41 U.S.C. § 418a : US Code - Section 418A: Rights in technical data

Search 41 U.S.C. § 418a : US Code - Section 418A: Rights in technical data

(a) Regulations; legitimate proprietary interest of United States
The legitimate proprietary interest of the United States and of a
contractor in technical or other data shall be defined in
regulations prescribed as part of the single system of Government-
wide procurement regulations as defined in section 403(4) (!1) of
this title. Such regulations may not impair any right of the United
States or of any contractor with respect to patents or copyrights
or any other right in technical data otherwise established by law.
Such regulations shall provide, with respect to executive agencies
that are subject to the provisions of title III of the Federal
Property and Administrative Services Act of 1949 [41 U.S.C. 251 et
seq.], that the United States may not require persons who have
developed products or processes offered or to be offered for sale
to the public as a condition for the procurement of such products
or processes by the United States, to provide to the United States
technical data relating to the design, development, or manufacture
of such products or processes (except for such data as may be
necessary for the United States to operate and maintain the product
or use the process if obtained by the United States as an element
of performance under the contract).
(b) Unlimited rights; technical data; developed with Federal funds;
unrestricted, royalty-free right to use; rights under law
(1) Except as otherwise expressly provided by Federal statute,
the regulations prescribed pursuant to subsection (a) of this
section shall provide, with respect to executive agencies that are
subject to the provisions of title III of the Federal Property and
Administrative Services Act of 1949 [41 U.S.C. 251 et seq.], that
the United States shall have unlimited rights in technical data
developed exclusively with Federal funds if delivery of such data -

(A) was required as an element of performance under a contract;
and
(B) is needed to ensure the competitive acquisition of supplies
or services that will be required in substantial quantities in
the future.
(2) Except as otherwise expressly provided by Federal statute,
the regulations prescribed pursuant to subsection (a) of this
section shall provide, with respect to executive agencies that are
subject to the provisions of title III of the Federal Property and
Administrative Services Act of 1949 [41 U.S.C. 251 et seq.], that
the United States (and each agency thereof) shall have an
unrestricted, royalty-free right to use, or to have its contractors
use, for governmental purposes (excluding publication outside the
Government) technical data developed exclusively with Federal
funds.
(3) The requirements of paragraphs (1) and (2) shall be in
addition to and not in lieu of any other rights that the United
States may have pursuant to law.
(c) Factors; regulations
The following factors shall be considered in prescribing
regulations pursuant to subsection (a) of this section:
(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, 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 note), and the declaration of
policy in section 631 of title 15.
(3) The interest of the United States in increasing competition
and lowering costs by developing and locating alternative sources
of supply and manufacture.
(d) Provisions; contracts; regulations
Regulations prescribed under subsection (a) of this section 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 United States and the
contractor or subcontractor (at any tier) regarding any technical
data to be delivered under the contract;
(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 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 such revised technical data to an agency
within a time specified in the contract;
(7) requiring the contractor to furnish written assurance at
the time the 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 United States
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 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.