Sec. 866. Continuation of technical data rights during challenges
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/bill/115/hr/5515/enr/section-866·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2321(i) of title 10, United States Code, is amended— in the subsection heading, by inserting after prior to and ; Rights and liability by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (3), respectively; and by inserting before paragraph (2), as so redesignated, the following new paragraph: Upon filing of a suit or appeal under the contract dispute statute by a contractor or subcontractor in an agency Board of Contract Appeals or United States Claims Court related to a decision made by a contracting officer under subsection (g), the Secretary of Defense, or a Secretary of a military department for programs for which milestone decision authority has been delegated, on a nondelegable basis, may, following notice to the contractor or subcontractor, authorize use of the technical data in dispute if the Secretary determines in writing that compelling mission readiness requirements will not permit awaiting the final decision by the agency Board of Contract Appeals or the United States Claims Court. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement, by interim or final rule, to implement the amendments made by subsection (a). The amendments made by subsection
(a)and the revision required by subsection
(b)shall become effective on the date of publication of the interim or final rule (whichever is earlier) required by subsection
(b)and shall apply to solicitations issued by Department of Defense contracting activities after that date unless the senior procurement executive of the agency concerned grants a waiver on a case-by-case basis. The Secretary of Defense shall develop policies on the negotiation of technical data rights for noncommercial software that reflects the Department of Defense’s needs for technical data rights in the event of a protest or replacement of incumbent contractor to meet defense requirements in the most cost effective manner.