Sec. 811. Use of technical data during challenges
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/bill/116/s/1215/is/section-811·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— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by striking paragraph
(1)and adding at the end the following new paragraphs: Upon issuance of a decision by a contracting officer under subsection
(g)that an asserted use or release restriction is not justified, the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor or subcontractor, authorize release, disclosure, or use of the technical data in dispute if the Secretary of Defense or the Secretary of a military department, respectively, determines in writing that it is in the national security interests of the United States to authorize such release, disclosure, or use before— the filing of an appeal with the agency Board of Contract Appeals; the provision to the contracting officer of a written notice of intent to file suit in the United States Court of Federal Claims; the filing of a suit in the United States Court of Federal Claims; or the final decision by the agency Board of Contract Appeals or the United States Court of Federal Claims. The authority in subparagraph
(A)may be delegated only to the senior procurement executive of the agency designated pursuant to section 1702(c) of title 41. A determination under subparagraph
(A)shall not affect the right of a contractor or subcontractor to damages against the United States where an asserted use or release restriction is sustained or to pursue other relief, if any, as may be provided by law. If a contractor or subcontractor does not, not later than 90 days after the issuance of a decision under subsection (g), appeal to an agency Board of Contract Appeals, provide notice to the contracting officer of intent to file suit in the United States Court of Federal Claims, or file suit in the United States Court of Federal Claims pursuant to chapter 71 of title 41, the United States may cancel or ignore the asserted use or release restriction and the contractor or subcontractor shall be deemed to have agreed to such action by the United States. .