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DOD/DARC RIN: 0750-AK84 Publication ID: Fall 2021 
Title: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043) 
Abstract:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement changes related to data rights in the Small Business Administration’s Policy Directive for the Small Business Innovation Research (SBIR) Program, published in the Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy Directive includes several revisions to clarify data rights, which require corresponding revisions to the DFARS.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 227    48 CFR 252   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None

Statement of Need:

This rule is necessary to implement the Small Business Administration (SBA) related to data rights in the Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directive, published in the Federal Register on April 2, 2019 (84 FR 12794).  The final SBA Policy Directive includes several revisions to clarify data rights, which require corresponding revisions to the DFARS.  

Summary of the Legal Basis:

The legal basis for this rule is 15 U.S.C. 638, which provides the authorization, policy, and framework for SBIR/STTR programs. 

Alternatives:

There are no alternatives that would meet the stated objective of this rule. 

Anticipated Costs and Benefits:

While specific costs and savings have not been quantified, this rule is expected to have significant benefit for small businesses participating in the DoD SBIR/STTR program. SBIR and STTR enable small businesses to explore their technological potential and provide the incentive to profit from its commercialization. By including qualified small businesses in the nation's R&D arena, high-tech innovation is stimulated, and the United States gains entrepreneurial spirit as it meets its specific research and development needs.

Risks:

The continuous protection of an awardee's SBIR/STTR Data while actively pursuing or commercializing its technology with the Federal Government, provides a significant incentive for innovative small businesses to participate in these programs.

Timetable:
Action Date FR Cite
ANPRM  08/31/2020  85 FR 53758   
Correction  09/21/2020  85 FR 59258   
ANPRM Comment Period End  10/30/2020 
Comment Period Extended  12/04/2020  85 FR 78300   
ANPRM Comment Period End  01/31/2021 
NPRM  04/00/2022 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Jennifer Johnson
Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6100
Email: jennifer.d.johnson1.civ@mail.mil