HOME  |  CONTENTS  |  DISCUSSIONS  |  BLOG  |  QUICK-KITs|  STATES

Google

       Search WWW Search wifcon.com

Back to DHNDAA 2009 Contents

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C Amendments to General Contracting Authorities, Procedures, and Limitations

DHNDAA Section

House  Armed Services Report 110-652

SEC. 822. TECHNICAL DATA RIGHTS.

(a) Policy Guidance- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue policy guidance with respect to rights in technical data under a non-FAR agreement. The guidance shall--

(1) establish criteria for defining the legitimate interests of the United States and the party concerned in technical data pertaining to an item or process to be developed under the agreement;

(2) require that specific rights in technical data be established during agreement negotiations and be based upon negotiations between the United States and the potential party to the agreement, except in any case in which the Secretary of Defense determines, on the basis of criteria established in such policy guidance, that the establishment of rights during or through agreement negotiations would not be practicable; and

(3) require the program manager for a major weapon system or an item of personnel protective equipment that is to be developed using a non-FAR agreement to assess the long-term technical data needs of such system or item.

(b) Requirement to Include Provisions in Non-FAR Agreements- A non-FAR agreement shall contain appropriate provisions relating to rights in technical data consistent with the policy guidance issued pursuant to subsection (a).

(c) Definitions- In this section:

(1) The term `non-FAR agreement' means an agreement that is not subject to laws pursuant to which the Federal Acquisition Regulation is prescribed, including--

(A) a transaction authorized under section 2371 of this title; and

(B) a cooperative research and development agreement.

(2) The term `party', with respect to a non-FAR agreement, means a non-Federal entity and includes any of the following:

(A) A contractor and its subcontractors (at any tier).

(B) A joint venture.

(C) A consortium.

(d) Report on Life Cycle Planning for Technical Data Needs- Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirements in section 2320(e) of title 10, United States Code, for the assessment of long-term technical data needs to sustain major weapon systems. Such report shall include--

(1) a description of all relevant guidance or policies issued;

(2) a description of the extent to which program managers have received training to better assess the long-term technical data needs of major weapon systems and subsystems; and

(3) a description of one or more examples, if any, where a priced contract option has been used on major weapon systems for the future delivery of technical data and one or more examples, if any, where all relevant technical data were acquired upon contract award.

SECTION 814--TECHNICAL DATA RIGHTS FOR NON-FAR AGREEMENTS

This section would add a new section 2320a to title 10, United States Code. This section would require the Secretary of Defense to issue policy guidance regarding the negotiation and acquisition of technical data rights for agreements that are not subject to the Federal Acquisition Regulation (FAR), including other transaction authority agreements authorized by section 2371 of title 10, United States Code, and cooperative research and development agreements. This section would require that program managers for major weapons systems developed under such agreements assess long-term technical data requirements in accordance with subsection (e) of section 2320, United States Code. This section would also require the Secretary to submit a report to the Senate Committee on Armed Services and the House Committee on Armed Services within 120 days after the date of enactment of this Act regarding the implementation of the requirements of subsection (e) of section 2320(e) of title 10, United States Code.

The committee notes that the Department has utilized agreements that are not subject to the FAR for the initial development and prototyping of certain major weapon systems such as the design of naval surface combatants. This section would ensure appropriate guidance is in place to assist defense acquisition officials during the negotiation of such agreements in protecting the rights of the federal government to technical data.

 

ABOUT  l CONTACT

Where in Federal Contracting?