Pub. L. 94-361, tit. VIII, sec. 805

Sec. 805. (a) During the period beginning on October 1, 1976, and ending on September 30, 1978, each contract entered into by a military department for development or procurement of a major system shall, except as provided in subsection (b), include a deferred ordering clause giving the procuring authority for such system the option to purchase from the contractor involved technical data and computer software packages relating to such system. Such clause shall require such packages to be in sufficient detail to enable such procuring authority to reprocure such system, or a subsystem of such system, from a contractor other than the contractor involved in such contract. (b) Any procuring authority to whom subsection (a) applies may exempt a particular contract for development or procurement of a major system from the requirements of such subsection, but, prior to the time any such contract without the deferred ordering clause required by such subsection is entered into, the procuring authority concerned shall report his intent to enter into such contract to the Committees on Armed Services and Appropriations of the Senate and House of Representatives with a detailed explanation for such exemption. (c) For the purposes of this section: (1) The term “major system” means a composite of equipment, skills, and techniques which is capable of performing, or supporting performance of, an operational role and which requires an investment in research, design, test, and evaluation of not less than $50,000,000 or a total production investment of not less than $200,000,000. (2) The term “deferred ordering” means delaying the ordering of an item related to a contract until a need for such item is established and the requirements for such item can be specifically identified for deb very under such contract. (3) The term “technical data” means, with respect to a major system, recorded data, regardless of form or characteristic, of a scientific or technical nature which is related to such system.