[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4400]


[[Page Unknown]]

[Federal Register: March 10, 1994]


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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.

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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