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SBA announces a major change to SBIR/STTR data rights protection

September 12, 2019 By Andrew Smith

On April 3, 2019, the Small Business Association (SBA) released a revised Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program policy directive, which went into effect May 2, 2019 (the “New Policy”).  This New Policy made important and drastic changes to Data Rights protections afforded to SBIR/STTR awarded small business companies.  Government contractors should understand these major changes and consider the impact on company operations related to commercialization of intellectual property developed with government funding.

Old Policy – Four Years Plus Extensions

Prior to this New Policy, a small business (“Company”) had four years, from the date of deliverables, of Data Rights protections that could be continuously renewed/extended.  During this time, the government was not able to use, modify, reproduce, release, perform, display or disclose any Data or Computer Software that was part of the Company’s research and development under a SBIR or STTR program.  After the four years had ended (unless extended/renewed), the government would be granted a royalty-free license to use the Data or Computer Software, as well as authorize other third parties to use the Data or Computer Software on the government’s behalf for government purposes. Further, the government would be relieved of all prohibitions on disclosure and would assume no liability for the unauthorized use of such Data or Computer Software by third parties.  Prior to the New Policy, the government was not authorized any right or use to the Data or Computer Software during the four-year period (or during any extended/renewed period). However, the government was granted Unlimited Rights to the Data or Computer Software at the end of the protection period.

New Policy – 20 Years with No Extensions

Under the New Policy, a Company now has 20 years, from the date of award of an SBIR or STTR funding agreement, of certain Data Rights protections.  During this time, the government only has limited rights in its use of the Data or Computer Software.  The major right is that the government has the ability to properly evaluate the technology.  After the protection period, rather than obtaining Unlimited Rights under the old policy, the government now only obtains Government Purpose Rights to the Data and Computer Software.  However, there are nuances associated with the data rights.

Continue reading at:  Snell and Wilmer

Filed Under: Contracting Tips Tagged With: data rights, intellectual property, rights in data, SBIR, STTR

Key takeaways from the SBA’s revised policy directives for the SBIR and STTR programs

May 2, 2019 By Andrew Smith

The Small Business Administration (“SBA”) has statutory authority to establish federal Government-wide policies to implement the Small Business Innovation Research (“SBIR”) and Small Business Technology Transfer (“STTR”) programs.  SBA recently issued a significantly revised final SBIR/STTR Policy Directive, which is effective May 2, 2019.  See 84 FR 12794.  Below we highlight the major changes implemented in the revised policy directive.

Overview of the SBIR and STTR Programs

The statutory purpose of the SBIR program is to strengthen the role of small businesses in federally funded research and development.  In particular, the aims of the program include: stimulating technological innovation; fostering and encouraging the participation of small businesses, especially small disadvantaged and women-owned businesses, in federal research; and increasing the commercialization of innovations derived from federal research and development, thereby increasing competition, productivity, and economic growth in the U.S. economy.

The STTR program shares these goals, yet also aims to stimulate partnerships between small businesses and research institutions with the purpose of commercializing innovative technologies, including those emerging from colleges and universities.

Both programs use a three-phased approach to projects, with an initial Phase I feasibility effort, a Phase II continuation of study, and a Phase III transition to commercialization efforts.  Not all projects progress through all three phases, although that is the ultimate objective.

Each federal agency with an annual R&D budget of over $100 million must set aside some of its research dollars for SBIR and STTR program awards.

Continue reading the article at: Government Contracts Insights

Filed Under: Contracting News Tagged With: SBA, SBIR, STTR

March 28th webinar to address how small businesses can support US DOT’s research needs

March 14, 2019 By Andrew Smith

The United States Department of Transportation’s (DOT) Office of Small and Disadvantaged Business Utilization (OSDBU) is inviting small businesses to participate in a webinar on the Department’s Small Business Innovation Research (SBIR) Program.  The webinar will be held on Thursday, March 28, 2019 at 2:00 pm (EDT).

Here’s what participants will learn:

  • How you can apply your expertise and support U.S. DOT’s research goals through SBIR.
  • Updates on the Department’s FY19 SBIR solicitation.
  • How the Federal Highway Administration (FHWA) and Federal Railroad Administration (FRA) participate in the SBIR program.

U.S. DOT’s SBIR program has awarded $50 million during the past five years to small businesses. Webinar participants will be able to hear from U.S. DOT SBIR program managers about their agency’s research needs and how they use the SBIR program.

Please confirm your participation by registering clicking this link: https://www.surveymonkey.com/r/QGFYB9Q no later than COB Monday, March 25, 2019.   By close of business Tuesday, March 26, 2019 registrants will receive an email communication with instructions on how to join the webinar.

U.S. DOT’s SBIR Program Director Rachael Sack, along with the FHWA R&T Program Development & Partnership Team Director Jack Jernigan, and FRA SBIR Program Manager Jeffrey Gordon, will be in attendance.  Please make your reservation through the link above as space is very limited.

If you have any questions, or concerns, please call Mr. Duphresne at 202-366-9507. You can also reach the Office of Small Disadvantaged Business Utilization at 202-366-1930.

Filed Under: GTPAC News Tagged With: contracting opportunities, FHWA, FRA, research, SBIR, small business, USDOT, webinar

DARPA’s pilot project aims to increase funding opportunities in SBIR and STTR programs

March 6, 2019 By Andrew Smith

Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) are the principal set-aside programs for small business participation in federal research and development funding, yet the requirements for administering and managing these programs have not changed significantly in decades.

To keep pace with discovery in science and technology worldwide, DARPA now intends to release SBIR/STTR opportunities on an out-of-cycle basis, separate from the three pre-determined announcements traditionally issued directly through the Department of Defense (DoD). The change is expected to reduce the overall time from opportunity announcement to contract award.

Prior to the change, the timeline for SBIR/STTR funding opportunities was managed independently of DARPA’s primary technology programs, which resulted in small businesses being isolated from the benefits associated with integration into established program communities. Under the terms of the pilot program, however, DARPA will institute timesaving measures to speed program integration, such as Direct to Phase II authority, which allows the agency to bypass Phase I research requirements once performers provide satisfactory documentation of feasibility, and/or proof of scientific merit, technical merit, and commercialization potential.

DARPA will also seek to identify SBIR/STTR Phase II awardees with a compelling go-to-market strategy for participation in a newly created commercialization accelerator. The DARPA accelerator will provide additional funding to employ one entrepreneur-in-residence or business development lead who will offer the awardee direct support for activities including, but not limited to, customer engagement planning, market analysis and mapping, competitive analysis, techno-economic analysis, IP securement strategy development, and financial plan creation.

“It’s essential to change our acquisition practices to mirror the commercial marketplace if we hope to attract revolutionary companies that normally avoid working with the federal government,” said Dr. Steven Walker, director of DARPA. “This move will provide DARPA the flexibility to operate at a much faster pace than traditional SBIR/STTR contracting cycles have historically allowed.”

Congress established the Small Business Innovation Research (SBIR) Program in 1982 to provide opportunities for small businesses to participate in federal government-sponsored research and development. Since that time, DARPA has leveraged SBIR awards to promote and sustain small business innovation as well as foster the development and transition of critical national security capabilities.

Full details regarding DARPA’s SBIR/STTR programs and associated Broad Agency Announcements are available at: https://www.darpa.mil/work-with-us/for-small-businesses.

Source: https://www.darpa.mil/news-events/2019-03-01

See DARPA’s 10 focus areas for small businesses here: https://www.nextgov.com/emerging-tech/2019/03/darpa-highlights-10-focus-areas-innovative-small-businesses/155279/

Filed Under: Contracting News Tagged With: commercialization, contracting opportunities, DARPA, DoD, innovation, opportunities, R&D, research, SBIR, small business, STTR, technology

USDOT is on the hunt for automation, blockchain and more

February 21, 2019 By Andrew Smith

The U.S. Department of Transportation is looking to fund a new slate of emerging technology applications, including automation and blockchain.

USDOT opened the fiscal 2019 solicitation for its Small Business Innovation Research program Tuesday, calling on small businesses to provide solutions focused in 12 topic areas:

  • Automated Detection of Broken Spike Fasteners in Wood Tie Railroad Track
  • Automated Driving Systems Test Data Interface
  • Automated, Drone-Based Grade Crossing Inspection
  • Cost Allocation Technology for Non-Emergency Medical Transportation
  • Improved Condition Monitoring of Traction Motors
  • Inline-Inspection Tool for Detecting Coating Defects/Disbondment of Coating
  • Innovative, Low-Cost Methods for Concrete Bridge Deck Assessment
  • In-Vehicle Highway Rail Grade Crossing Alert System
  • Portable Stiffness/Elastic Modulus Measurement System
  • Secure Motor Carrier Safety Data Information Exchange Using Blockchain
  • Vehicle Communication via Induction Paint
  • Wireless Pore Water Pressure Sensor

The SBIR program is administered by the Small Business Administration and includes 11 federal agencies that award R&D contracts to fund and mature new potential technology applications.

Keep reading this article at: https://www.fedscoop.com/dot-opens-solicitation-new-innovative-technologies/

How to Apply
  • Read the 2019 Solicitation for information about the 2019 topics and about proposal requirements.
  • Review the 19 Technical and Administrative Questions
  • If you do not see the answer to your question(s), submit additional technical or administrative questions to the U.S. DOT SBIR Program Office at dotsbir@dot.gov.
  • All questions and answers will be posted as soon as they are received and answered by DOT SBIR program experts.

Submit a proposal through DOT’s SBIR secure site.

Filed Under: Contracting News Tagged With: automation, blockchain, opportunities, R&D, research, SBA, SBIR, small business, technology, transportation, US DOT, USDOT

2019 NDAA analysis: Changes affecting small businesses and the SBIR program

February 20, 2019 By Andrew Smith

The 2019 NDAA contains significant changes that will impact many facets of government contracting.

In this post, we discuss the Sections of the 2019 NDAA that affect small businesses.

As discussed here, these changes include:

1) the codification and reauthorization of defense research and development rapid innovation program;

2) the establishment a Department of Defense small business strategy;

3) the improvement of prompt payment of small business contractors;

4) the increased participation in the SBA microloan program;

5) the extension and amendment of the Small Business Innovation Research (SBIR)/ Small Business Technology Transfer (STTR) programs;

6) the funding for procurement technical assistance program;

7) the creation of a commercialization assistance pilot program; and

8) the increasing of opportunities for employee-owned business concerns through SBA loan programs.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=775556

Filed Under: Contracting News Tagged With: DoD, microloan, NDAA, R&D, research, SBIR, small business, STTR

GTPAC hosts ‘Creating the Next: Defense Innovation Conference’

February 9, 2019 By Andrew Smith

The Georgia Tech Procurement Assistance Center (GTPAC) recently sponsored an event where 200 small innovative tech companies learned about special funding opportunities and programs that are available to small businesses at the Department of Defense (DoD), including the Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs.

“The goal of the January 14th conference was to help small companies, especially small technology companies and innovative manufacturers, learn about how they can do business with the Defense Department and its various components,” explained Andrew Smith, GTPAC’s program manager.  “We wanted to have an event where we could educate the small business community about DoD opportunities.”

GDX connects Georgia businesses with each other and with DoD contract opportunities.

The event featured numerous prominent speakers.  Khai Edouard, the co-founder of the technology consulting firm The Simple Vue, spoke about the Georgia Defense Exchange (GDX), a technology platform that was built for the Georgia Department of Economic Development that helps government defense contractors network with other contractors and find contracting opportunities with DoD.  Contractors can access the Georgia Defense Exchange at https://gdx.georgia.org

The National Security Technology Accelerator prospects, vets, and develops technology.

Tim Greeff, the founder, and CEO of the National Security Technology Accelerator (NSTXL), which prospects and develops innovative technology for the Department of Defense, spoke about Other Transaction Authority (OTA) contracts, and how DoD utilizes OTAs to fund research and prototype development.

Adele Navarrete, senior corporate counsel for the Logistics Management Institute, a major not-for-profit defense contractor, provided attendees with insights and advice on how to win business with the Department of Defense.  Ms. Navarrete later joined an industry panel with Raven Smith, senior regulatory compliance analyst with Lockheed Martin, and John Roman, senior vice president at Huntington Ingalls Industries – Technical Solutions.  They discussed the important attributes and qualities defense contractors look for in subcontractors.

Panelists, representing defense industry giants, provided attendees with subcontracting insights.
Lisa R. Sanders with U.S. Special Operations Command discussed technology problems she’s counting on industry to solve.

The keynote address was delivered by Lisa R. Sanders, the director of science and technology for the U.S. Special Operations Command (USSOCOM).  As a defense intelligence senior leader, Ms. Sanders is responsible for all research and development funded activities for the U.S. Special Operations Forces at MacDill Air Force Base.  Ms. Sanders gave an overview of USSOCOM’s technology and purchasing priorities, and the difficult technology problems Special Operations Forces needs industry to solve.  Ms. Sanders also gave an overview of how industry could engage and do business with the USSOCOM.

After the keynote speech, attendees were able to network with one another and forge potential business relationships.

Four concurrent workshops were also held in the afternoon sessions that covered a variety of topics of interest to government contractors, including how to develop successful bids and proposals and how to comply with DoD cybersecurity requirements.

“Overall, I’m very proud of the event and how industry and government came together to provide such excellent information and training to our attendees,” said Mr. Smith.  “I think everyone came away learning a lot about how to best engage the Department of Defense if you are a small technology company or manufacturer with the next great product or idea.  I firmly believe Georgia Tech can help connect the next great idea to those in DoD who need that idea and solution — and that is going to keep our nation safe.”

Copies of all presentations made at the Jan. 14, 2019 event — along with related resource materials — can be downloaded from: https://gtpac.org/training-video/

 

Filed Under: GTPAC News Tagged With: Defense Innovation Conference, DoD, GDX, Georgia Defense Exchange, Georgia Tech, GTPAC, industry, innovation, National Security Technology Accelerator, NSTXL, OTA, other transactional authority, SBIR, STTR, subcontracting, technology, USSOCOM

DoD is now taking applications for 2019’s Rapid Innovation Fund

January 24, 2019 By Andrew Smith

The Department of Defense has opened applications for the 2019 edition of its Rapid Innovation Fund (RIF) — a program that offers up to $3 million in funding for “innovative technologies” that “meet critical national security needs.”

The defense agency posted its broad agency announcement on FedBizOpps on Jan. 11, 2019 and will be taking white paper submissions until March 8, 2019.

What’s the DOD looking for?

Per the announcement, the agency is seeking tech solutions to support the ambitions of the National Defense Strategy.

Keep reading this article at: https://www.fedscoop.com/rapid-innovation-fund-2019/

Gain insights into this development by visiting resources posted at https://gtpac.org/training-video from GTPAC’s Jan. 14th Defense Innovation Conference.

See an explanation of DoD’s Rapid Innovation Fund (RIF) at: https://business.defense.gov/Programs/RIF/

Filed Under: Contracting News Tagged With: breakthrough, contracting opportunities, Creating the Next, Defense Innovation Conference, DoD, Georgia Tech, GTPAC, innovation, OTA, Rapid Innovation Fund, RIF, SBIR, small business, STTR, technology

Air Force to host first small business pitch day, with $40 million up for grabs

January 14, 2019 By Andrew Smith

Like departments and agencies throughout government, the Air Force is tuning its acquisition methods to get closer the speed of technology, and will be holding its first live pitch day in March, with an available funding pool of $40 million.

The Air Force’s Small Business Innovation Research (SBIR) program has issued a call to start-ups and small businesses—those with fewer than 500 employees—to offer pitches on innovative technologies for secure communications, down-range battlefield operations and digital technologies.

“Mind-blowing ideas are being birthed in U.S. start-up companies, but the Pentagon largely misses out on them,” Will Roper, assistant secretary of the Air Force for Acquisition, Technology and Logistics, said in a release announcing the pitch day. “We have to do business at the speed of ideas so we can both inspire and accelerate start-up creativity towards national security challenges. The only way we’re going to do that is by making sure partnering with the Air Force is easy and energizing.”

Keep reading this article at: https://www.nextgov.com/emerging-tech/2019/01/air-force-host-first-small-business-pitch-day-40-million-grabs/154114/

Filed Under: Contracting News Tagged With: Air Force, contracting opportunities, innovation, pitch day, research, SBIR, small business

Defense Innovation Conference less than a week away — Register now!

January 7, 2019 By Andrew Smith

Note: The Defense Innovation Conference referenced in this article was held on Jan. 14, 2019.  For reference, you can find copies of presentations and other resource materials from the conference posted at: https://gtpac.org/training-video/
Let’s start with a few questions …
  • Are you interested in doing business with the Department of Defense (the biggest buyer on earth of everything)?
  • Do you want to learn about the latest programs designed to help innovative small companies do business with DoD?
  • Would you like to know how major Defense contractors select their subcontractors?
  • Are you interested in the new cybersecurity requirements and how they apply to DoD contractors?

If you answered “yes” to any or all of these questions, you need to be in attendance at GTPAC’s Defense Innovation Conference to be held on Monday, Jan. 14, 2019 at the Georgia Tech Hotel & Conference Center in Atlanta.

Hurry — Space Is Limited!

The registration fee to attend this one-of-a-kind, day-long conference is only $50, and includes both breakfast and lunch.  Registration details are at: https://www.eventbrite.com/e/creating-the-next-defense-innovation-conference-tickets-53056770228.  Advance registration is required — no registration at the door!

One-of-a-Kind Opportunity

The conference represents a unique and rare opportunity to:

  • Hear directly from Lisa R. Sanders, Director of Science and Technology for the U.S. Special Operations Command (SOCOM).  She will be speaking about SOCOM’s contracting priorities, problems to solve, and doing business with SOCOM.
  • Learn from major defense contractors who will be speaking on their subcontracting needs and their procedures for selecting subcontractors.
  • Meet scores of small businesses who are looking for opportunities to form teaming partnerships to apply their innovative technologies, services, and products.
  • Participate in break-out workshops on topics like compliance with DoD’s cybersecurity requirements.

Don’t miss this rare opportunity to meet and hear from leaders in the Defense industry!  Advance registration is required. 

To register, click here.

Full Agenda and Featured Speakers

An advance copy of the conference agenda is available here: Agenda – Defense Innovation Conference – 01.14.2019 – Final.

Biographical sketches of all the featured speakers is available here: Featured Speakers – Defense Innovation Conference 01.14.2019.

 

Filed Under: GTPAC News Tagged With: breakthrough, contracting opportunities, Creating the Next, Defense Innovation Conference, DoD, Georgia Tech, GTPAC, innovation, OTA, RIF, save the date, SBIR, small business, STTR, technology

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