[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
