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Found 4 results

  1. Scenario – a small business has an SBIR contract. One of its subcontractors is a large business. The SBIR data rights clause (DFARS 252.227-7018) is in the prime contract. The clause grants SBIR data rights to all technical data developed under the contract (essentially equivalent to limited rights). The clause (at (k)(2)) says that it is to be inserted in all subcontracts without alteration except to identify the parties. It also says that no other clause shall be used to enlarge or diminish the rights of the government, or the contractor in any subcontractor's technical data. The question – can the large business assert SBIR data rights in any data it has to deliver, thus getting the same 20-year protection as the SBIR prime? On the one hand, the clause does not limit its application to only small business subcontractors. If it goes in the subcontract without alteration, as (k)(2) says, then the large sub can deliver any data it develops with SBIR data rights. Also, SBA materials on its SBIR website do not distinguish between large and small subcontractors, which suggests they get treated the same. I could find nothing that limits the SBIR data rights protection only to a small business subcontractor. On the other hand, one would think that the favorable treatment of data developed under an SBIR contract would only be extended to the SBIR contractor or to other small businesses.
  2. The company I work for is currently working with the SBIR office on a Phase III award, and the sponsor would like the award to be a three year delivery order. My question is, what funding threshold would facilitate a fast award as to avoid the process of Congressional approval. I appreciate any guidance you can give.
  3. If I requirement was previously competed and no further competition is required to award follow-on work, is this new follow-on work now considered non-competitive? Or is it an extension of the prior competition? Example A: FAR-based follow-on production contract derived from a successful (and competed) prototype OTA. Example B: FAR-based Phase III SBIR for production following a prior competitive Phase I SBIR. Identify the actions as either competitive or non-competitive will have a major impact on approval levels.
  4. As a contractor holding a Phase II SBIR Contract from Army, can we subcontract a portion of the R&D to a foreign company to have their workers perform that work in another country? I understand the E-Verify requirements, but they don't apply to work done outside the US. I also understand the limits on the amount of work we can subcontract. But I am not seeing an actual prohibition on having a foreign subcontractor. What am I missing? The contract deliverable at issue is to do a first production run of a product that we will use for testing, evaluation and improvement. I've concluded that we can use a foreign supplier to make a first production run. The product is not a contract deliverable, but it is an element of the SOW for that deliverable. The research results are the deliverable. Thanks for any guidance or input!
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