2012 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy (§§ 101 - 4712)
Division C - Procurement (§§ 3101 - 4712)
Chapter 47 - MISCELLANEOUS (§§ 4701 - 4712)
Section 4703 - Validation of proprietary data restrictions
Publication Title | United States Code, 2012 Edition, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle I - Federal Procurement Policy Division C - Procurement CHAPTER 47 - MISCELLANEOUS Sec. 4703 - Validation of proprietary data restrictions |
Contains | section 4703 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3794. |
Statutes at Large References | 98 Stat. 3071 99 Stat. 742 124 Stat. 3794 |
Public Law References | Public Law 98-577, Public Law 99-145, Public Law 111-350 |
Download PDF
(a)
(1) a contractor or subcontractor at any tier shall be prepared to furnish to the contracting officer a written justification for any restriction the contractor or subcontractor asserts on the right of the Federal Government to use the data; and
(2) the contracting officer may review the validity of a restriction the contractor or subcontractor asserts under the contract on the right of the Federal Government to use technical data furnished to the Federal Government under the contract if the contracting officer determines that reasonable grounds exist to question the current validity of the asserted restriction and that the continued adherence to the asserted restriction by the Federal Government would make it impracticable to procure the item competitively at a later time.
(b)
(1) the grounds for challenging the asserted restriction; and
(2) the requirement for a response within 60 days justifying the current validity of the asserted restriction.
(c)
(d)
(e)
(1)
(2)
(f)
(g)
(1)
(A) the restriction is cancelled; and
(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor, as appropriate, is liable to the Federal Government for payment of the cost to the Federal Government of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the Federal Government in challenging the asserted restriction, unless special circumstances would make the payment unjust.
(2)
(A) continues to be bound by the restriction; and
(B) is liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the Federal Government is found not to be made in good faith.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3794.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
4703(a) | 41:253d(a). | June 30, 1949, ch. 288, title III, §303D, formerly §303E, as added Pub. L. 98–577, title II, §203(a), Oct. 30, 1984, 98 Stat. 3071; renumbered §303D, Pub. L. 99–145, title XIII, §1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742. |
4703(b) | 41:253d(b). | |
4703(c) | 41:253d(c) (1st sentence). | |
4703(d) | 41:253d(c) (last sentence). | |
4703(e) | 41:253d(d). | |
4703(f) | 41:253d(e). | |
4703(g) | 41:253d(f). |
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.