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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Public Law 108-136

House Conference Report 108-354

SEC. 844. ELIMINATION OF REQUIREMENT TO FURNISH WRITTEN ASSURANCES OF TECHNICAL DATA CONFORMITY.

Section 2320(b) of title 10, United States Code, is amended-

(1) by striking paragraph (7); and

(2) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively.

The House bill contained a provision (sec. 803) that would eliminate the requirement for contractors providing technical data to the government to furnish written assurances that the technical data is complete, accurate, and satisfies the requirements of the contract.

The Senate amendment contained an identical provision (sec. 864).

The conference agreement includes this provision.

House Rpt.108-106

SECTION 803--ELIMINATION OF THE REQUIREMENT TO FURNISH WRITTEN ASSURANCES OF TECHNICAL DATA CONFORMITY

This section would amend section 2320 of title 10, United States Code, by eliminating the requirement that contractors that provide technical data under a contract furnish written assurances that the data is complete, accurate, and satisfies the requirements of the contract. This section is not intended to diminish the contractor's obligation to provide technical data that meets contractor requirements or the Secretary of Defense's ability to enforce contractual obligations.

Senate Report 108-046

The committee recommends a provision that would eliminate the requirement for contractors providing technical data to the government to furnish written assurances that the technical data is complete, accurate, and satisfies the requirements of the contract.

The committee understands that the elimination of this requirement will only reduce paperwork and will not in any way diminish either the contractor's obligation to provide technical data that meets contract requirements or the government's ability to enforce this requirement. The committee expects that the Defense Contract Management Agency will continue to monitor contractor technical data programs in order to protect government data rights and to ensure the government receives timely and accurate information regarding contractor processes, practice, and controls for developing technical data.