Page:United States Statutes at Large Volume 98 Part 3.djvu/223

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2595

"(d)(1) If the number of qualified sources or qualified products available to compete actively for an anticipated future requirement is fewer than two actual manufacturers or the products of two actual manufacturers, respectively, the head of the agency concerned shall— "(A) periodically publish notice in the Commerce Business Daily soliciting additional sources or products to seek qualification, unless the contracting officer determines that such publication would compromise national security; and "(B) bear the cost of conducting the specified testing and evaluation (excluding the costs associated with producing the item or establishing the production, quality control, or other system to be tested and evaluated) for a small business concern or a product manufactured by a small business concern which has met the standards specified for qualification and which could reasonably be expected to compete for a contract for that requirement, but such costs may be borne only if the head of the agency determines that such additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to amortize the costs incurred by the agency within a reasonable period of time considering the duration and dollar value of anticipated future requirements. "(2) The head of an agency shall require a prospective contractor requesting the United States to bear testing and evaluation costs under paragraph (I)(B) to certify as to its status as a small business concern under section 3 of the Small Business Act. "(e) Within seven years after the establishment of a qualification requirement under subsection (b) or within seven years following an agency's enforcement of a qualified products list, qualified manufacturers list, or qualified bidders list, any such qualification requirement shall be examined and revalidated in accordance with the requirements of subsection (b). The preceding sentence does not apply in the case of a qualification requirement for which a waiver is in effect under subsection (cK2). "(f) Except in an emergency as determined by the head of the agency, whenever the head of the agency determines not to enforce a qualification requirement for a solicitation, the agency may not thereafter enforce that qualification requirement unless the agency complies with the requirements of subsection (b).

15 USC 632.

"§ 2320. Rights in technical data Contracts. "(a) The legitimate proprietary interest of the United States and Regulations. 10 USC 2320. of a contractor in technical or other data shall be defined in regulations prescribed as part of the single system of Governmentwide procurement regulations as defined in section 4(4) of the Office of Federal Procurement Policy Act. Such regulations may not Ante, p. 1195. impair any right of the United States or of any contractor with Patents and respect to patents or copyrights or any other right in technical data trademarks. otherwise established by law. The following factors shall be consid- Copyrights. ered in prescribing such regulations: "(1) Whether the technical data 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.

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