HR 1107 RH 
(1) are implemented with uniformity throughout the agency, to the 
extent practicable; 
(2) are implemented only after granting due consideration to the use 
or partial use, as appropriate, of existing electronic commerce and elec-
tronic data interchange systems and infrastructures such as the Fed-
eral acquisition computer network architecture known as FACNET; 
(3) facilitate access to Federal Government procurement opportuni-
ties, including opportunities for small business concerns, socially and 
economically disadvantaged small business concerns, and business con-
cerns owned predominantly by women; and 
(4) ensure that any notice of agency requirements or agency solicita-
tion for contract opportunities is provided in a form that allows conven-
ient and universal user access through a single, Government-wide point 
of entry. 
(e) IMPLEMENTATION.—In carrying out the requirements of this section, 
the Administrator shall— 
(1) issue policies to promote, to the maximum extent practicable, 
uniform implementation of this section by executive agencies, with due 
regard for differences in program requirements among agencies that 
may require departures from uniform procedures and processes in ap-
propriate cases, when warranted because of the agency mission; 
(2) ensure that the head of each executive agency complies with the 
requirements of subsection (d); and 
(3) consult with the heads of appropriate Federal agencies with ap-
plicable technical and functional expertise, including the Office of In-
formation and Regulatory Affairs, the National Institute of Standards 
and Technology, the General Services Administration, and the Depart-
ment of Defense. 
§ 2302. Rights in technical data 
(a) WHERE DEFINED.—The legitimate proprietary interest of the Federal 
Government and of a contractor in technical or other data shall be defined 
in regulations prescribed as part of the Federal Acquisition Regulation. 
(b) GENERAL EXTENT OF REGULATIONS.— 
(1) OTHER RIGHTS NOT IMPAIRED.—Regulations prescribed under 
subsection (a) may not impair a right of the Federal Government or 
of a contractor with respect to a patent or copyright or another right 
in technical data otherwise established by law. 
(2) LIMITATION ON REQUIRING DATA BE PROVIDED TO THE GOV-
ERNMENT.—With respect to executive agencies subject to division C, 
regulations prescribed under subsection (a) shall provide that the Fed-
eral Government may not require a person that has developed a prod-
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uct (or process offered or to be offered for sale to the public) to provide 
to the Federal Government technical data relating to the design (or de-
velopment or manufacture of the product or process) as a condition of 
procurement by the Federal Government of the product or process. 
This paragraph does not apply to data that may be necessary for the 
Federal Government to operate and maintain the product or use the 
process if the Federal Government obtains it as an element of perform-
ance under the contract. 
(c) TECHNICAL DATA DEVELOPED WITH FEDERAL FUNDS.— 
(1) USE BY GOVERNMENT AND AGENCIES.—Except as otherwise ex-
pressly provided by Federal statute, with respect to executive agencies 
subject to division C, regulations prescribed under subsection (a) shall 
provide that— 
(A) the Federal Government has unlimited rights in technical 
data developed exclusively with Federal funds if delivery of the 
data— 
(i) was required as an element of performance under a con-
tract; and 
(ii) is needed to ensure the competitive acquisition of sup-
plies or services that will be required in substantial quantities 
in the future; and 
(B) the Federal Government and each agency of the Federal 
Government has an unrestricted, royalty-free right to use, or to 
have its contractors use, for governmental purposes (excluding 
publication outside the Federal Government) technical data devel-
oped exclusively with Federal funds. 
(2) REQUIREMENTS IN ADDITION TO OTHER RIGHTS OF THE GOV-
ERNMENT.—The requirements of paragraph (1) are in addition to and 
not in lieu of any other rights the Federal Government may have pur-
suant to law. 
(d) FACTORS TO BE CONSIDERED IN PRESCRIBING REGULATIONS.—The 
following factors shall be considered in prescribing regulations under sub-
section (a): 
(1) Whether the item or process to which the technical data pertains 
was developed— 
(A) exclusively with Federal funds; 
(B) exclusively at private expense; or 
(C) in part with Federal funds and in part at private expense. 
(2) The statement of congressional policy and objectives in section 
200 of title 35, the statement of purposes in section 2(b) of the Small 
Business Innovation Development Act of 1982 (Public Law 97–219, 15 
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