§ 3774 — Major Weapon Systems And Subsystems: Long-term Technical Data Needs

(1) The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to— (A) assess the long-term technical data needs of such systems and subsystems; and (B) establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle. (2) Such strategies may include— (A) the development of maintenance capabilities within the Department of Defense; or (B) competition for contracts for sustainment of such systems or subsystems. (b) Assessments and corresponding acquisition strategies developed under subsection (a) with respect to a weapon system or subsystem shall— (1) be developed before issuance of a contract solicitation for the weapon system or subsystem; (2) address the merits of including a priced contract option for the future delivery of technical data that were not acquired upon initial contract award; (3) address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and (4) apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapons systems and subsystems that are to be supported by other sustainment approaches. (1) The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. (2) In performing the assessment and developing the corresponding strategy required under subsection (a) for such a system or subsystem, a program manager shall consider the use of specially negotiated licenses to acquire customized technical data appropriate for the particular elements of the product support strategy.