Page:United States Statutes at Large Volume 98 Part 3.djvu/703

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3075

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) 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, 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. "(8) 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) The following factors shall be considered in prescribing regulations pursuant to subsection (a): "(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. "(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 2 of the Small Business Act (15 U.S.C. 631). "(3) The interest of the United States in increasing competition and lowering costs by developing and locating alternative sources of supply and manufacture. "(d) Regulations prescribed under subsection (a) 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;

41 USC 251.

Regulations.

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