Class Deviation 2020-O0007
Protection of Technical Data and Computer Software Under Small Business Innovation Research Program Contracts

Effective immediately, contracting officers shall use the clause provided in Attachment 1, in lieu of the clause at DFARS 252.227-7018, Rights in Noncommercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program, in new solicitations and contracts awarded under the SBIR Program, when technical data or computer software will be generated during contract performance. Contracting officers shall use the deviation clause provided in Attachment 1 with Alternate I to DFARS 252.227-7018, as prescribed in DFARS 227.7104(d).

This class deviation implements the Small Business Administration’s Policy Directive published in the Federal Register on April 2, 2019 (84 FR 12794). The Policy Directive extends the period of time during which the Government must protect technical data and computer software developed or generated under SBIR contracts against unauthorized use and disclosure. This protection period begins at contract award and ends 20 years after contract award. The Policy Directive also provides for the Government to use, and to authorize others to use on its behalf, the data for Government purposes.

This class deviation remains in effect until implemented in the DFARS or otherwise rescinded.

Effective Date: March 17, 2020 (2 years ago)
Expire Date: None Given
Official Documents: Memo
Official Attachments: 1
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