Government Contracts New Comment Due Date, Public Meeting for DFARS SBIR/STTR Rule
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Wednesday, January 6, 2021

New Comment Due Date, Public Meeting for DFARS SBIR/STTR Rule

By Government Contracts Editorial Staff

The Department of Defense has reopened the comment period for the DFARS Case 2019-D043 advance notice of proposed rulemaking (85 FR 53758). The ANPR requested information to assist in developing a Defense Federal Acquisition Regulation Supplement revision to implement the data rights portions of the Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directives. The SBIR and STTR programs are governed by 15 USC 638, which includes specialized coverage regarding intellectual property developed under those programs. More specifically, the law requires that the SBIR and STTR program policy directives allow a small business concern to “[retain] the rights to data generated by the concern in the performance of an SBIR [or STTR] award for a period of not less than 4 years” (see 15 USC 638(j)(1)(B)(v), (j)(2)(A), and (p)(2)(B)(v)).

Policy Directives Revised. The final Policy Directives include several revisions affecting the data rights coverage, which require corresponding revisions to the DFARS. An initial draft of the proposed DFARS revisions is available in the Federal eRulemaking Portal at http://www.regulations.gov. Comments on the ANPR, which were originally due October 30, 2020, are now due January 31, 2021. DoD is also hosting a virtual public meeting on January 14, 2021, to discuss and obtain the views of experts and interested parties regarding the implementation of the Policy Directives. For the text of the notice and more information on the meeting, see 85 FR 78300.

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