PRESUMPTION THAT TECHNICAL DATA UNDER CONTRACTS FOR COMMERCIAL ITEMS ARE DEVELOPED EXCLUSIVELY AT PRIVATE EXPENSE.

SEC. 8106. PRESUMPTION THAT TECHNICAL DATA UNDER CONTRACTS FOR COMMERCIAL ITEMS ARE DEVELOPED EXCLUSIVELY AT PRIVATE EXPENSE. (a) Regulations Required to Include Presumption of Development At Private Expense.— Paragraph (1) of section 2320(b) of title 10, United States Code, is amended by inserting before the semicolon at the end the following: “and providing that, in the case of a contract for a commercial item, the item shall be presumed to be developed at private expense unless shown otherwise in accordance with section 2321(f)”. (b) Assertion of Restriction Presumed Justified.— Section 2321 of title 10, United States Code, is amended— (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j); and 108 STAT. 3394 (2) by inserting after subsection (e) the following new subsection: “(f) Presumption of Development Exclusively at Private Expense for Commercial Items Contracts.— In the case of a challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor under a contract for commercial items, the contracting officer shall presume that the contractor or subcontractor has justified the restriction on the basis that the item was developed exclusively at private expense, whether or not the contractor or subcontractor submits a justification in response to the notice provided pursuant to subsection (d)(3). In such a case, the challenge to the use or release restriction may be sustained only if information provided by the Department of Defense demonstrates that the item was not developed exclusively at private expense.”.