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DOD/DARC RIN: 0750-AF84 Publication ID: Spring 2011 
Title: Presumption of Development at Private Expense (DFARS Case 2007-D003) 
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 802(b) of the National Defense Authorization Act for Fiscal Year 2007. Section 802(b) amended provisions regarding rights in technical data for items developed exclusively at private expense. This rule implements special requirements and procedures related to the validation of a contractor's or subcontractor's asserted restrictions on technical data and computer software. More specifically, the rule affects these validation procedures for two special categories of items: commercial items (including commercially available off-the-shelf items), and major systems (including subsystems and components of major systems). The detailed procedures require the contracting officer to presume that the asserted restrictions have been justified (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 challenge notice issued by the contracting officer. The contracting officer's challenge may be sustained only if information provided by DoD demonstrates that the item was not developed exclusively at private expense. A contracting officer's challenge to asserted restrictions on technical data relating to a major system shall be sustained unless the contractor or subcontractor submits information demonstrating that the item was developed exclusively at private expense. Based on the historically low incidence of formal challenges to validate asserted restrictions by small businesses on major systems or subsystems or components of subsystems, economic impact is expected to be minimal. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 252.227-7013    48 CFR 252.227-7015    48 CFR 252.227-7019    48 CFR 252.227-7037   
Legal Authority: PL 109-364, sec 802(b)   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/07/2010  75 FR 25161   
NPRM Comment Period End  07/06/2010    
Final Action  06/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060
Phone:571 372-6089