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Clarifications to sustainment planning requirements for covered systems

Division A · Title VIII: Acquisition Policy, Acquisition Management, and Related Matters · Subtitle D: Intellectual Property Matters

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The section updates rules for planning how to maintain certain defense systems by requiring detailed intellectual property management plans. These plans must include ways to obtain necessary technical data and licenses for maintenance before key project approval stages. It also requires contract solicitations for these systems to specify technical data and license rights needed for long-term upkeep.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 864.
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(a) Intellectual property management plan

Section 4324(b)(1)(D) of title 10, United States Code, is amended to read as follows:

(D)

An intellectual property management plan for product support developed in accordance with section 3774 of this title, including—

(i)

requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title);

(ii)

a method to obtain technical data and license rights necessary for maintenance, repair, and overhaul of the covered system before the Milestone B approval (or equivalent approval); and

(iii)

a method to satisfy all other aspects of sustainment for the covered system before the Milestone C approval (or equivalent approval) in accordance with the product support strategy described in subparagraph (A).

(b) Long-term technical data needs

Section 3774 of title 10, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

in subparagraph (A), by striking and at the end;

(B)

in subparagraph (B), by striking the period at the end and inserting ; and ; and

(C)

by adding at the end the following new subparagraph:

(C)

include in any contract solicitation for such a system or subsystem requirements relating to technical data and license rights necessary for sustainment of the system or subsystem.

(2)

in subsection (b)—

(A)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5) respectively; and

(B)

by inserting after paragraph (1) the following:

(2)

be developed in accordance with the intellectual property management plan described in section 4324(b)(1)(D) of this title.