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B-219923.2, NOV 20, 1985, OFFICE OF GENERAL COUNSEL

B-219923.2 Nov 20, 1985
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THIS IS FAR CASE NO. 85-47. THE PROPOSED FAR SECTIONS AND CLAUSE ALSO PRESCRIBE PROCEDURES FOR RESOLVING DISPUTES OVER THE VALIDITY OF CONTRACTORS' RESTRICTIVE MARKINGS AND REQUIRE THE GOVERNMENT TO HONOR THOSE MARKINGS UNTIL SUCH DISPUTES ARE SETTLED. WE HAVE NO COMMENTS ON THE PROPOSED CHANGES.

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B-219923.2, NOV 20, 1985, OFFICE OF GENERAL COUNSEL

FEDERAL ACQUISITION REGULATION - PROPOSED REVISION DIGEST: GAO HAS NO COMMENTS ON PROPOSED FEDERAL ACQUISITION REGULATION (FAR) SECS. 27.409 AND 27.410 AND A PROPOSED CLAUSE AT FAR SEC. 52.227-14 WHICH PRESCRIBE PROCEDURES FOR REVIEWING, CHALLENGING AND RESOLVING DISPUTES OVER A GOVERNMENT CONTRACTOR'S RESTRICTIVE MARKINGS ON TECHNICAL DATA REQUIRED BY CONTRACT TO BE DELIVERED TO THE GOVERNMENT.

MS. MARGARET A. WILLIS:

FAR SECRETARIAT

GENERAL SERVICES ADMINISTRATION

THIS RESPONDS TO YOUR LETTER OF OCTOBER 8, 1985, REQUESTING OUR COMMENTS ON PROPOSED ADDITIONS TO PARTS 27 AND 52 OF THE FEDERAL ACQUISITION REGULATION (FAR) DEALING WITH VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA. THE PROPOSAL WOULD ADD NEW SECTIONS 27.409 AND 27.410 AND A NEW CLAUSE AT SECTION 52.227-24 TO IMPLEMENT PROVISIONS OF THE SMALL BUSINESS AND FEDERAL PROCUREMENT COMPETITION ENHANCEMENT ACT, PUB.L. 98-577, AND THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 1985, PUB.L. 98-525. THIS IS FAR CASE NO. 85-47.

THE PROPOSED ADDITIONS TO THE FAR ESTABLISH PROCEDURES THAT CONTRACTING OFFICERS MUST FOLLOW IN REVIEWING AND CHALLENGING EFFORTS BY GOVERNMENT CONTRACTORS TO LIMIT THE GOVERNMENT'S RIGHT TO USE TECHNICAL DATA REQUIRED BY CONTRACT TO BE DELIVERED TO THE GOVERNMENT. THE PROPOSED FAR SECTIONS AND CLAUSE ALSO PRESCRIBE PROCEDURES FOR RESOLVING DISPUTES OVER THE VALIDITY OF CONTRACTORS' RESTRICTIVE MARKINGS AND REQUIRE THE GOVERNMENT TO HONOR THOSE MARKINGS UNTIL SUCH DISPUTES ARE SETTLED.

WE HAVE NO COMMENTS ON THE PROPOSED CHANGES.

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