124 STAT. 3734 PUBLIC LAW 111–350—JAN. 4, 2011 (2) REQUIREMENTS IN ADDITION TO OTHER RIGHTS OF THE GOVERNMENT.—The requirements of paragraph (1) are in addi- tion to and not in lieu of any other rights the Federal Govern- ment may have pursuant to law. (d) FACTORS TO BE CONSIDERED IN PRESCRIBING REGULATIONS.— The following factors shall be considered in prescribing regulations under subsection (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 competition and lowering costs by developing and locating alter- native 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 acceptability 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 delivery, 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 deliv- ered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function 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 technical 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 considers appropriate) during any period if the
