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You are here: Home / Government Contracting News / DoD finally issues proposed rule addressing 2012 NDAA changes to technical data rights

July 20, 2016 By AMK

DoD finally issues proposed rule addressing 2012 NDAA changes to technical data rights

On June 16, 2016, the Department of Defense (DoD) issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012, which was originally enacted in December 2011.  

US DoD logoUnder the proposed rule, DoD would be given additional flexibility to release technical data or computer software to third parties (including competitors) if the data qualify as “segregation or reintegration” data.  Although the data would include limited-rights data or restricted-rights software, the recipient would be permitted to use the data or software only for segregation or reintegration, and must destroy the data or software at the “completion of authorized activities.”

The rule also permits, among other changes, the DoD to require delivery, without any time limits, of various technical data and software that either have been generated or merely “utilized” in the performance of a contract.

Four years in the making, this proposed rule attempts to implement and clarify statutory changes introduced in section 815 of the National Defense Authorization Act (NDAA) for Fiscal Year 2012.

Despite the attempt to clarify, the proposed regulations still leave open significant questions for contractors with respect to technical data rights.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2016/07/6862/

Filed Under: Government Contracting News Tagged With: data rights, DoD, FAR, NDAA, proposed rule, technical data rights

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