DFARS Case 2019-D043 Public Meeting
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Expedited Climb Capital LLC
Expedited Climb Capital LLC
Presenting on Behalf of AIA
Presenting on Behalf of AIA
703-358-1043, aia@aia-aerospace.org
703-358-1043, aia@aia-aerospace.org
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2 | 2 | 2023
2 | 2 | 2023
12/21/2023
AIA-AEROSPACE.ORG
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AIA and its member companies appreciate the opportunity to
participate in the rulemaking process and provide input in response to
the proposed rule.
These additional steps enhance dialogue and understanding between
Government and industry representatives on key policy issues.
12/21/2023
AIA-AEROSPACE.ORG
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DoD is proposing to amend the DFARS to implement the data-rights
portions of the Small Business Innovation Research Program and
Small Business Technology Transfer Program Policy Directives, as
well as several, significant concepts of impact to most of industry.
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•
Incorporation of prior AIA recommendations
○
No longer using ‘Data’ as a defined term, maintaining clarity and familiarity
that all parties have with Technical Data and Computer Software
○
More
broadly applying Generated as a defined term (from 7018) by adding to
7013 clause
○
Former 7013 (k), now (l), explicitly clear can use the 7018 flowdown for SBIR
subcontractor/supplier to govern technical data that are SBIR/STTR data
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12/21/2023
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•
Removal of new Prohibition of Supplemental Markings
○
Inhibits ability to protect data/software as to third parties (contrary to 10 USC 3771(a)(2))
○
Industry better able to support USG with broader customer and supplier base; requiring markings
○
Why is Gov’t opposed to contractors protecting their rights vis a vis third parties?
•
Removal of new requirement for commercial item Technical Data marking to “accurately
reflect the Government’s rights” (see 10 USC 3453)
•
Making any new Unlimited Rights marking voluntary or delete
•
Resolution of apparent disconnect with SBIR/STTR Program purpose to support
commercialization and retention of rights in data by the small business concern (SBC)
○
Negatively evaluating the impact of SBIR/STTR Rights on the Government's ability to use or disclose
technical data or computer software is contrary to SBA Policy and 15 USC 638
•
Removal of funding test for commercial item technical data under 7015
AIA will provide written comments
AIA-AEROSPACE.ORG
The proposed amendments to the DFARS for implementing the data rights portions of the Small Business Innovation Research Program. Gain insights on the impact to the industry and the opportunity to participate in the rulemaking process.
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Presentation Transcript
DFARS Case 2019-D043 Public Meeting David Rikkers Expedited Climb Capital LLC Presenting on Behalf of AIA 703-358-1043, aia@aia-aerospace.org 2 | 2 | 2023
AIA and its member companies appreciate the opportunity to participate in the rulemaking process and provide input in response to the proposed rule. These additional steps enhance dialogue and understanding between Government and industry representatives on key policy issues. 12/21/2023 2 AIA-AEROSPACE.ORG
DFARS Case 2019-D043: Small Business Innovation Research Program Data Rights DoD is proposing to amend the DFARS to implement the data-rights portions of the Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directives, as well as several, significant concepts of impact to most of industry. 12/21/2023 3 AIA-AEROSPACE.ORG
AIA Appreciates Incorporation of prior AIA recommendations No longer using Data as a defined term, maintaining clarity and familiarity that all parties have with Technical Data and Computer Software More broadly applying Generated as a defined term (from 7018) by adding to 7013 clause Former 7013 (k), now (l), explicitly clear can use the 7018 flowdown for SBIR subcontractor/supplier to govern technical data that are SBIR/STTR data 12/21/2023 4 AIA-AEROSPACE.ORG
AIA Recommends Removal of new Prohibition of Supplemental Markings Inhibits ability to protect data/software as to third parties (contrary to 10 USC 3771(a)(2)) Industry better able to support USG with broader customer and supplier base; requiring markings Why is Gov t opposed to contractors protecting their rights vis a vis third parties? Removal of new requirement for commercial item Technical Data marking to accurately reflect the Government s rights (see 10 USC 3453) Making any new Unlimited Rights marking voluntary or delete Resolution of apparent disconnect with SBIR/STTR Program purpose to support commercialization and retention of rights in data by the small business concern (SBC) Negatively evaluating the impact of SBIR/STTR Rights on the Government's ability to use or disclose technical data or computer software is contrary to SBA Policy and 15 USC 638 Removal of funding test for commercial item technical data under 7015 AIA will provide written comments 12/21/2023 5 AIA-AEROSPACE.ORG
