§3772 Rights in Technical Data: Provisions Required in Contracts

Summary

Require contracts for supplies or services to include clear rules about technical data whenever possible. The rules must say who has what rights to the data and, for commercial products, assume private funding unless proven otherwise under section 3784. They must list what data must be delivered and when, set how the agency will accept the data, put data on separate contract line items, and identify ahead of delivery any data that will have limits on U.S. use. Contractors must update and deliver data to reflect design changes. The contract must allow remedies (including withholding payment) if data is missing or inadequate. The United States may also require delivery of data made during the contract until six years after acceptance of the last non‑data item or contract end (whichever is later) and pay only reasonable conversion/delivery costs if the data is needed for reprocurement, sustainment, modification, or upgrade of major or weapon systems or noncommercial items and the data was developed with Federal funds or fits certain categories in section 3771(b). Failing to challenge a contractor’s claimed restriction does not stop the United States from later requiring the data. The Secretary of Defense may set standards for when the United States gains full use rights (or treat up to 7 years as a negotiation goal). The Secretary may let a government support contractor access delivered data only to give independent advice and help the Government manage the program. The Secretary may also issue reasonable, flexible guidelines for negotiating technical‑data rights.