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
U.S.C. 638 note), and the declaration of policy in section 2 of the 
Small Business Act (15 U.S.C. 631). 
(3) The interest of the Federal Government in increasing competi-
tion and lowering costs by developing and locating alternative sources 
of supply and manufacture. 
(e) PROVISIONS
REQUIRED
IN
CONTRACTS.—Regulations prescribed 
under subsection (a) shall require that a contract for property or services 
entered into by an executive agency contain appropriate provisions relating 
to technical data, including provisions— 
(1) defining the respective rights of the Federal Government and the 
contractor or subcontractor (at any tier) regarding technical data to be 
delivered under the contract; 
(2) specifying technical data to be delivered under the contract and 
schedules for delivery; 
(3) establishing or referencing procedures for determining the ac-
ceptability of technical data to be delivered under the contract; 
(4) establishing separate contract line items for technical data to be 
delivered under the contract; 
(5) to the maximum practicable extent, identifying, in advance of de-
livery, technical data which is to be delivered with restrictions on the 
right of the Federal Government to use the data; 
(6) requiring the contractor to revise any technical data delivered 
under the contract to reflect engineering design changes made during 
the performance of the contract and affecting the form, fit, and func-
tion of the items specified in the contract and to deliver the revised 
technical data to an agency within a time specified in the contract; 
(7) requiring the contractor to furnish written assurance, when tech-
nical data is delivered or is made available, that the technical data is 
complete and accurate and satisfies the requirements of the contract 
concerning technical data; 
(8) establishing remedies to be available to the Federal Government 
when technical data required to be delivered or made available under 
the contract is found to be incomplete or inadequate or to not satisfy 
the requirements of the contract concerning technical data; and 
(9) authorizing the head of the agency to withhold payments under 
the contract (or exercise another remedy the head of the agency con-
siders appropriate) during any period if the contractor does not meet 
the requirements of the contract pertaining to the delivery of technical 
data.
§ 2303. Ethics safeguards related to contractor conflicts of 
interest 
(a) DEFINITION.—In this section, the term ‘‘relevant acquisition func-
tion’’ means an acquisition function closely associated with inherently gov-
ernmental functions. 
(b) POLICY ON PERSONAL CONFLICTS OF INTEREST BY CONTRACTOR 
EMPLOYEES.— 
(1) DEVELOPMENT AND ISSUANCE OF POLICY.—The Administrator 
shall develop and issue a standard policy to prevent personal conflicts 
of interest by contractor employees performing relevant acquisition 
functions (including the development, award, and administration of 
Federal Government contracts) for or on behalf of a Federal agency 
or department. 
(2) ELEMENTS OF POLICY.—The policy shall— 
(A) define ‘‘personal conflict of interest’’ as it relates to con-
tractor employees performing relevant acquisition functions; and 
(B) require each contractor whose employees perform relevant 
acquisition functions to— 
(i) identify and prevent personal conflicts of interest for the 
employees; 
(ii) prohibit contractor employees who have access to non- 
public government information obtained while performing rel-
evant acquisition functions from using the information for 
personal gain; 
(iii) report any personal conflict-of-interest violation by an 
employee to the applicable contracting officer or contracting 
officer’s representative as soon as it is identified; 
(iv) maintain effective oversight to verify compliance with 
personal conflict-of-interest safeguards; 
(v) have procedures in place to screen for potential conflicts 
of interest for all employees performing relevant acquisition 
functions; and 
(vi) take appropriate disciplinary action in the case of em-
ployees who fail to comply with policies established pursuant 
to this section. 
(3) CONTRACT CLAUSE.— 
(A) CONTENTS.—The Administrator shall develop a personal 
conflicts-of-interest clause or a set of clauses for inclusion in solici-
tations and contracts (and task or delivery orders) for the per-
formance of relevant acquisition functions that sets forth—
(i) the personal conflicts-of-interest policy developed under 
this subsection; and 
(ii) the contractor’s responsibilities under the policy. 
(B) EFFECTIVE DATE.—Subparagraph (A) shall take effect 300 
days after October 14, 2008, and shall apply to— 
(i) contracts entered into on or after that effective date; 
and 
(ii) task or delivery orders awarded on or after that effec-
tive date, regardless of whether the contracts pursuant to 
which the task or delivery orders are awarded are entered be-
fore, on, or after October 14, 2008. 
(4) APPLICABILITY.— 
(A) CONTRACTS IN EXCESS OF THE SIMPLIFIED ACQUISITION 
THRESHOLD.—This subsection shall apply to any contract for an 
amount in excess of the simplified acquisition threshold (as de-
fined in section 134 of this title) if the contract is for the perform-
ance of relevant acquisition functions. 
(B) PARTIAL APPLICABILITY.—If only a portion of a contract 
described in subparagraph (A) is for the performance of relevant 
acquisition functions, then this subsection applies only to that por-
tion of the contract. 
(c) BEST PRACTICES.—The Administrator shall, in consultation with the 
Director of the Office of Government Ethics, develop and maintain a reposi-
tory of best practices relating to the prevention and mitigation of organiza-
tional and personal conflicts of interest in Federal contracting. 
§ 2304. Conflict of interest standards for consultants 
(a) CONTENT
OF REGULATIONS.—The Administrator shall prescribe 
under this division Government-wide regulations that set forth— 
(1) conflict of interest standards for persons who provide consulting 
services described in subsection (b); and 
(2) procedures, including registration, certification, and enforcement 
requirements as may be appropriate, to promote compliance with the 
standards. 
(b) SERVICES SUBJECT TO REGULATIONS.—Regulations required by sub-
section (a) apply to— 
(1) advisory and assistance services provided to the Federal Govern-
ment to the extent necessary to identify and evaluate the potential for 
conflicts of interest that could be prejudicial to the interests of the 
United States; 
(2) services related to support of the preparation or submission of 
bids and proposals for Federal contracts to the extent that inclusion