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Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043)

Detected July 30, 2026 · in Government Contracting (SAM/FAR)

DoD final rule amends DFARS to implement SBIR data rights, granting agencies unlimited rights in SBIR data after 5 years unless the contractor exercises a data rights election.

Aforeworn detected this change in the Government Contracting (SAM/FAR) space on July 30, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Small businesses performing SBIR contracts with DoD, including those in the SBIR program and defense contractors. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Not specified in the excerpt; check individual contract terms for election deadlines.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Government Contracting (SAM/FAR) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.

What changed

DoD now has unlimited rights in SBIR data after 5 years from contract award unless the small business elects to retain data rights under specific conditions.

Who it affects

Small businesses performing SBIR contracts with DoD, including those in the SBIR program and defense contractors.

What you must do

Review current SBIR contracts and data rights elections; consider electing to retain data rights within the timeframe specified in the contract.

Deadline

Not specified in the excerpt; check individual contract terms for election deadlines.

Source: https://www.federalregister.gov/documents/2024/12/18/2024-29226/defense-federal-acquisition-regulation-supplement-small-business-innovation-research-program-data

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