Notice of Proposed Amendments to SBIR and STTR Policy Directives

ACTION: Notice of Proposed Amendments to SBIR and STTR Policy Directives. April 7, 2016.

The Small Business Administration is proposing to revise the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program Policy Directives to combine the two directives into one document; the proposed rule will also clarify the data rights and Phase III preference afforded to SBIR and STTR small business awardees, add definitions relating to data rights, and clarify the benchmarks for progress towards commercialization.

  • SBA is proposing to extend an SBIR awardee’s rights to data generated in the performance of its project to 4 years (as opposed to two years in current law).
  • SBA also is asking for public comment on whether to amend the definition of Essentially Equivalent Work to include work funded by State programs. Currently, SBIR/STTR Awardees may not receive duplicate funding from federal sources for Essentially Equivalent Work; by including the term ‘‘State programs’’ in the definition of Essentially Equivalent Work, SBIR/STTR Awardees will not be allowed to receive State program funds for the same work performed under an SBIR/STTR award.
  • SBA proposes that once the SBIR/ STTR Protection Period expires, the government has unlimited rights in the SBIR/STTR data. The government may use the data for any activity and for any purpose, which would include a competitive procurement or foreign military sale. Currently, the data rights clause contained in the directive limits the Government’s use and disclosure of SBIR/STTR Data after the protection period to Government use.

Public comments are due no later than June 6, 2016.

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