HR001120S0019-Amendment-04.pdf

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Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)
Solicitation number
HR001120S0019
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This amendment to a Broad Agency Announcement clarifies data rights for Small Business Technology Transfer proposals. The Defense Advanced Research Projects Agency will issue SBIR and STTR Opportunities outside of standard announcements on a just-in-time basis under this BAA. Only proposals submitted in response to an active opportunity will be considered. For STTR projects, the Government obtains a royalty-free license to use technical data and software developed for five years after completion, after which it has unlimited rights. During the license period, the Government may not release STTR data except for evaluation, as permitted by the contractor, or for emergency repair or overhaul of Government-operated items.

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DARPA BAA HR001120S0019 Amendment 4 April 01, 2020

The purpose of amendment 4 is to add a section to the BAA that clarifies Small Business Technology Transfer (STTR) Data Rights

Part II, Section 6.7 is amended as follows:

Rights in technical data, including software documentation, and computer software developed under the terms of any procurement contract resulting from STTR proposals submitted in response to this BAA generally remain with the contractor, except that the Government obtains a royalty-free license to use such technical data and computer software during the period commencing with contract award and ending five years after completion of the project under which the data were generated.

This data should be marked with the restrictive legend specified in DFARS 252.227-7018. Upon expiration of the five-year restrictive license, the Government has unlimited rights in the STTR data. During the license period, the Government may not release or disclose STTR data to any person other than its support services contractors except: (1) For evaluation purposes; (2) As expressly permitted by the contractor; or (3) A use, release, or disclosure that is necessary for emergency repair or overhaul of items operated by the Government. See DFARS clause 252.227- 7018, "Rights in Noncommercial Technical Data and Computer Software – Small Business Innovation Research (SBIR) Program."

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