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DOD/DARC | RIN: 0750-AK84 | Publication ID: Fall 2024 |
Title: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043) | |
Abstract:
DoD is issuing a final rule 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 and Small Business Technology Transfer (STTR) 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. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 48 CFR 212 48 CFR 227 48 CFR 252 | |
Legal Authority: 41 U.S.C. 1303 |
Legal Deadline:
None |
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Statement of Need: This rule is necessary to implement the Small Business Administration (SBA) policies related to data rights in the SBIR and 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. |
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Summary of the Legal Basis: The legal basis for this rule is 41 U.S.C. 1303 and 15 U.S.C. 638, which provides the authorization, policy, and framework for SBIR/STTR programs. |
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Alternatives: There are no alternatives that would meet the stated objective of this rule. |
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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 and STTR programs. The SBIR and STTR programs 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 research and development arena, high-tech innovation is stimulated, and the United States gains entrepreneurial spirit as it meets its specific research and development needs. |
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Risks: The continuous protection of a contractor'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. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Jennifer D. Johnson Office of the Under Secretary of Defense for Acquisition and Sustainment Department of Defense Defense Acquisition Regulations Council Defense Pricing, Contracting, & Acquisition Policy, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington, DC 20301-3060 Phone:703 717-8226 Email: jennifer.d.johnson1.civ@mail.mil |