Common use of Prechallenge request for information Clause in Contracts

Prechallenge request for information. (1) The Agreement Officer may request the Performer or subcontractor to furnish a written explanation for any restriction asserted by the Performer or subcontractor on the right of the United States or others to use technical data. If, upon review of the explanation delivered, the Agreement Officer remains unable to ascertain the basis of the restrictive marking, the Agreement Officer may further request the Performer or subcontractor to furnish additional information in the records of, or otherwise in the possession of or reasonably available to, the Performer or subcontractor to justify the validity of any restrictive marking on technical data delivered or to be delivered under the Agreement or subcontract (e.g., a statement of facts accompanied with supporting documentation). The Performer or subcontractor shall deliver such written data as requested by the Agreement Officer within the time required or such longer period as may be mutually agreed. (2) If the Agreement Officer, after reviewing the written data furnished pursuant to paragraph (d)(1) of this article, or any other available information pertaining to the validity of a restrictive marking, determines that reasonable grounds exist to question the current validity of the marking and that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Officer shall follow the procedures in paragraph (e) of this article. (3) If the Performer or subcontractor fails to respond to the Agreement Officer's request for information under paragraph (d)(1) of this article, and the Agreement Officer determines that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Officer may challenge the validity of the marking as described in paragraph (e) of this article.

Prechallenge request for information. (1) The Agreement Contracting Officer may request the Performer Contractor or subcontractor to furnish a written explanation for any restriction asserted by the Performer Contractor or subcontractor on the right of the United States or others to use technical data. If, upon review of the explanation deliveredsubmitted, the Agreement Contracting Officer remains unable to ascertain the basis of the restrictive marking, the Agreement Contracting Officer may further request the Performer Contractor or subcontractor to furnish additional information in the records of, or otherwise in the possession of or reasonably available to, the Performer Contractor or subcontractor to justify the validity of any restrictive marking on technical data delivered or to be delivered under the Agreement contract or subcontract (e.g., a statement of facts accompanied with supporting documentation). The Performer Contractor or subcontractor shall deliver submit such written data as requested by the Agreement Contracting Officer within the time required or such longer period as may be mutually agreed. (2) If the Agreement Contracting Officer, after reviewing the written data furnished pursuant to paragraph (d)(1) of this articleabove, or any other available information pertaining to the validity of a restrictive marking, determines that reasonable grounds exist to question the current validity of the marking and that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Contracting Officer shall follow the procedures in paragraph (e) of this articlebelow. (3) If the Performer Contractor or subcontractor fails to respond to the Agreement Contracting Officer's request for information under paragraph (d)(1) of this articleabove, and the Agreement Contracting Officer determines that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Contracting Officer may challenge the validity of the marking as described in paragraph (e) of this articleclause.

Prechallenge request for information. (1) The Agreement Contracting Officer may request the Performer Contractor or subcontractor to furnish a written explanation for any restriction asserted by the Performer Contractor or subcontractor on the right of the United States or others to use technical data. If, upon review of the explanation deliveredsubmitted, the Agreement Contracting Officer remains unable to ascertain the basis of the restrictive marking, the Agreement Contracting Officer may further request the Performer Contractor or subcontractor to furnish additional information in the records of, or otherwise in the possession of or reasonably available to, the Performer Contractor or subcontractor to justify the validity of any restrictive marking on technical data delivered or to be delivered under the Agreement contract or subcontract (e.g., a statement of facts accompanied with supporting documentation). The Performer Contractor or subcontractor shall deliver submit such written data as requested by the Agreement Contracting Officer within the time required or such longer period as may be mutually agreed. (2) If the Agreement Contracting Officer, after reviewing the written data furnished pursuant to paragraph (d)(1) of this articleclause, or any other available information pertaining to the validity of a restrictive marking, determines that reasonable grounds exist to question the current validity of the marking and that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relatesrelate, the Agreement Contracting Officer shall follow the procedures in paragraph (e) of this articleclause. (3) If the Performer Contractor or subcontractor fails to respond to the Agreement Contracting Officer's request for information under paragraph (d)(1) of this articleclause, and the Agreement Contracting Officer determines that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Contracting Officer may challenge the validity of the marking as described in paragraph (e) of this articleclause.

Prechallenge request for information. (1) The Agreement Contracting Officer may request the Performer Contractor or subcontractor to furnish a written explanation for any restriction asserted by the Performer Contractor or subcontractor on the right of the United States or others to use technical data. If, upon review of the explanation deliveredsubmitted, the Agreement Contracting Officer remains unable to ascertain the basis of the restrictive marking, the Agreement Contracting Officer may further request the Performer Contractor or subcontractor to furnish additional information in the records of, or otherwise in the possession of or reasonably available to, the Performer Contractor or subcontractor to justify the validity of any restrictive marking on technical data delivered or to be delivered under the Agreement contract or subcontract (e.g., a statement of facts accompanied with supporting documentation). The Performer Contractor or subcontractor shall deliver submit such written data as requested by the Agreement Contracting Officer within the time required or such longer period as may be mutually agreed. (2) If the Agreement Contracting Officer, after reviewing the written data furnished pursuant to paragraph (d)(1) of this articleclause, or any other available information pertaining to the validity of a restrictive marking, determines that reasonable grounds exist to question the current validity of the marking and that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Contracting Officer shall follow the procedures in paragraph (e) of this articleclause. (3) If the Performer Contractor or subcontractor fails to respond to the Agreement Contracting Officer's request for information under paragraph (d)(1) of this articleclause, and the Agreement Contracting Officer determines that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Agreement Contracting Officer may challenge the validity of the marking as described in paragraph (e) of this articleclause.