§ 418a. — Rights in technical data.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC418a]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 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).
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\1\ See References in Text note below.
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(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.
(Pub. L. 93-400, Sec. 21, as added Pub. L. 98-577, title III,
Sec. 301(a), Oct. 30, 1984, 98 Stat. 3074; amended Pub. L. 99-145, title
IX, Sec. 961(d)(2), Nov. 8, 1985, 99 Stat. 704.)
References in Text
Section 403(4) of this title, referred to in subsec. (a), which
defined ``single system of Government-wide procurement regulations'',
was repealed, and par. (5) of section 403 of this title was redesignated
as par. (4), by Pub. L. 100-679, Sec. 3(c), Nov. 17, 1988, 102 Stat.
4056.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsecs. (a) and (b)(1), (2), is act June 30,
1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
this title. For complete classification of this Act to the Code, see
Tables.
Prior Provisions
A prior section 21 of Pub. L. 93-400, as added Pub. L. 98-369, div.
B, title VII, Sec. 2732(a), July 18, 1984, 98 Stat. 1198, was renumbered
section 23 by Pub. L. 98-577 and is classified to section 419 of this
title.
Amendments
1985--Subsec. (c)(1). Pub. L. 99-145 substituted ``the item or
process to which the technical data pertains'' for ``the technical
data''.
Effective Date
Section 301(c) of Pub. L. 98-577, as amended Pub. L. 99-145, title
IX, Sec. 961(d)(3), Nov. 8, 1985, 99 Stat. 704, provided that: ``The
amendment made by subsection (a) [enacting this section] shall take
effect on the date of enactment of this Act [Oct. 30, 1984]. The
regulations required by such amendment shall be issued not later than
October 19, 1985.''
