Buying and selling

Challenging Data Restrictions

Three pieces on DFARS 227.7103-13 and the clause at 252.227-7037: when a restriction may be challenged, the notice and decision, and what follows.

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Three pieces in this topic

01

When the government may challenge a restriction

Assertions are not the last word, timing, the commercial item presumption, asking first, subcontractors, time limits, and software challenges.

 02

The challenge notice and the final decision

Grounds and writing, contents of the notice, extensions and the response as a claim, multiple challenges, and final decisions either way.

 03

After a final decision on a restriction

Ninety days of protection, notice of intent and the one-year limit, the urgent override, costs after appeal, validation, and subcontractor rights.

Key terms in this topic

ChallengeReasonable groundsCommercial item presumptionPrechallenge requestPrivity of contractChallenge noticeSixty-day responseCertified claimPrior validationValidationNinety-day periodNotice of intent to file suitUrgent or compelling circumstancesSubstantially justifiedFlowdown

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