TECHNICAL DATA RIGHTS: SMALL BUSINESS INNOVATION RESEARCH PROGRAM
Hebert, Christopher R.
Jones, Raymond D.
Mortlock, Robert F.
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The Small Business Innovation Research (SBIR) Program was founded in 1977 and is coordinated through the Small Business Administration (SBA). The current policy concerning technical data rights under the SBIR Program has caused significant problems for both the government and SBs. The lack of clear policy concerning technical data rights across both the government and SBs has caused impacts to program management and procurement of goods and services. This study conducted an analysis of current policy concerning technical data rights asserted under the SBIR Program through multiple methods. This study reviewed current and past federal policies concerning the SBIR program and technical data rights. In addition, informant data were collected through interviews with the Department of Defense, SBA, and defense contractor employees, though ultimately SBA and contractors proved difficult to reach. This project showed that the SBIR Program requires reform to clarify when the government inherits technical data rights to better promote competition and reduce government spending. It also showed the need to provide better education and training to contracting professionals and SBs interested in the SBIR Program. Results are discussed in an effort to provide concrete policy recommendations for reform.
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