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If an offeror is awarded a contract in response to a U.S. DOT SBIR research topic, what rights does U.S. DOT have over the data?

The awardee owns, and has full right and title to, the data it develops under an SBIR award for not less than 20 years from the date of the (Phase I) award. Awardee’s data rights are detailed within FAR C52.227- 20 Rights in Data-SBIR Program (May 2014).

The Government has rights to certain limited use of the data, primarily for evaluation of the results of the award. While some agencies use the data only for evaluation and review purposes, others have interest in accessing the data to explore applications of the research or technology. These rights are stipulated in the SBIR Policy Directive.