Federal Acquisition Regulation; Small Business Innovation Research Rights in Data

DEPARTMENT OF DEFENSE

48 CFR Part 52

[FAC 90-20; FAR Case 93-305; Item XIX]

Federal Acquisition Regulation; Small Business Innovation

Research Rights in Data

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed to an interim rule that

amends the Federal Acquisition Regulation (FAR) under the clause Rights

in Data--Small Business Innovation Research Program, to increase the

small business concern's data rights retention period from 2 to 4

years. This amendment implements Section 15(f) of the revised Small

Business Innovation Research (SBIR) Program Policy Directive, published

by the Small Business Administration (SBA) in the Federal Register at

58 FR 6144, January 26, 1993.

DATES: Effective Date: March 10, 1994. Comment Date: Comments should be

submitted to the FAR Secretariat at the address shown below on or

before May 9, 1994 to be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (VRS), 18th & F

Streets, NW., room 4035, Attn: Ms. Beverly Fayson, Washington, DC

20405.

Please cite FAC 90-20, FAR case 93-305 in all correspondence

related to this case.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in

reference to this FAR case. For general information, contact the FAR

Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-

4755. Please cite FAC 90-20, FAR case 93-305.

SUPPLEMENTARY INFORMATION:

A. Background

This rule implements subsection 15(f) of the revised SBIR Program

Policy Directive, published by the SBA in the Federal Register at 58 FR

6144, January 26, 1993. Subsection 15(f) implements subsection

103(f)(4) of Public Law 102-564, Small Business Research and

Development Enhancement Act of 1992, which increases the small business

concern's data rights retention period from 2 to 4 years.

B. Regulatory Flexibility Act

The changes may have a significant beneficial economic impact on a

substantial number of small entities within the meaning of the

Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it is

expected that this interim rule will benefit small businesses as it

increases the small business concern's data rights retention period

under the SBIR program from 2 to 4 years. As Initial Regulatory

Flexibility Analysis (IRFA) has, therefore, not been prepared. Comments

from small entities concerning the affected FAR subpart will be

considered in accordance with 5 U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C. 601, et seq. (FAR Case 93-305),

in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the FAR do not impose recordkeeping or information collection

requirements, or collections of information from offerors, contractors,

or members of the public which require the approval of the Office of

Management and Budget under 44 U.S.C. 3501, et seq.

D. Determination to Issue an Interim Rule

A determination has been made under the authority of the Secretary

of Defense (DOD), the Administrator of General Services (GSA), and the

Administrator of the National Aeronautics and Space Administration

(NASA) that compelling reasons exist to promulgate this interim rule

without prior opportunity for public comment. This action is necessary

to implement subsection 15(f) of the revised SBIR Program Policy

Directive, published by the SBA in the Federal Register at 58 FR 6144,

January 26, 1993, and subsection 103(f)(4) of Public Law 102-564, Small

Business Research and Development Enhancement Act of 1992. Pursuant to

Public Law 98-577 and FAR 1.501, public comments received in response

to this notice will be considered in formulating the final rule.

List of Subjects in 48 CFR Part 52

Government procurement.

Dated: February 15, 1994.

Albert A. Vicchiolla,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR part 52 is amended as set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

1. The authority citation for 48 CFR part 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

Sec. 52.227-20 [Amended]

2. Section 52.227-20 is amended by revising the date of the clause

to read ``(MAR 1994)''; in paragraph (d) of the clause, the ``SBIR

Rights Notice'' is amended in the title by revising the date to read

``(MAR 1994)''; by amending in the second sentence of the Notice ``2

years'' to read ``4 years''; and by amending in the third sentence of

the Notice ``2-year period'' to read ``4-year period''.

[FR Doc. 94-4400 Filed 3-9-94; 8:45 am]

BILLING CODE 6820-34-M