Small Business Data Rights Seminar - 14 June 2023
From Dennis Eisenstein
Date: 14 June 2023
Time: 1300-1430 EDT
Who Should Attend: Everyone interested in working with Small Business Concerns
(Government, Military, Academia, Acquisition Workforce, Industry, Small Businesses)
Event Description: In this webinar, one will learn about the ins and outs of Small Business Innovation Research (SBIR) Data Rights from both a legal and contracting standpoint so that Small Business Concerns (SBCs) have a better understanding of the rights afforded to them. SBIR Data protection is one of the most unique and important protections accorded SBIR and Small Business Technology Transfer (STTR) firms. These protections apply to all phases of the SBIR and STTR programs. The Government receives a limited nonexclusive license, or right to use, SBIR Data, but such use cannot include disclosing it in any way. This nondisclosure obligation is accompanied by a Data Rights protection period.
(Per 52.227-20 Rights in Data-SBIR Program, SBIR data is defined as data first produced by a Contractor that is a small business concern in performance of a small business innovation research contract issued under the authority of 15 U.S.C. 638, which data are not generally known, and which data without obligation as to its confidentiality have not been made available to others by the Contractor or are not already available to the Government. SBIR rights means the rights in SBIR data set forth in the SBIR Rights Notice of paragraph (d) of this clause.)
Webinar Platform: Registrants will receive log in instructions prior to June 7. Click here to review WebEx best practices prior to the event.
David Metzger is a graduate of the University of Wisconsin—Madison Law School. He is a former Administrative Assistant to a U.S. Representative. As Staff Director and Chief Counsel of a Small Business Committee Subcommittee, he assisted in drafting early versions of the Small Business Innovation Research (SBIR) Act. Some of the language he contributed still exists in the Act. He assisted in the Act’s passage while serving at the U.S. Small Business Administration (SBA) as SBA’s Director of Procurement and Innovation Policy. In 1982, he entered law practice. He assisted SBA in drafting its initial SBIR Policy Directive, and some of his language survives. He specialized in federal contracting and assisting SBIR firms. He taught 15 different courses in federal contracts. He is a former president of the Boards of Contracts Bar Association (BCABA), and received the Ronald J. Keinlen Award, that Association’s most prestigious award. He is a recipient of SBA’s Roland Tibbett’s Award for outstanding contributions to the SBIR program, and a Certificate of Appreciation from the U.S. Navy for SBIR contributions. He has given over 275 lectures on SBIR across the country. Mr. Metzger retired from law practice on January 1, 2016. He is listed with Marquis Who’s Who, and the recipient of the Albert Nelson Marquis Lifetime Achievement Award, one of 15 chosen from 1.5 million biographees to receive honorable mention for the Award in the Wall Street Journal. He has written seven books: one on Federal GSA leasing, one concerning SBIR, and how to improve the program, and five young readers’ historical fiction books.
Thomas F. Hill
Mr. Hill is a retired federal employee whose last assignment was the Chief of the Contracting Office for the NAVAIR Lakehurst Contract Division. Over his 41 years of experience in contracting Mr. Hill has been employed in several capacities as a contract negotiator / administrator or Contracting Officer within both the public and private sectors. Mr. Hill received his undergraduate degree from Duquesne University (B.S. 1973). His postgraduate work was also completed at Duquesne University (J.D. 1977). He was admitted to the Pennsylvania Bar in 1977. Mr. Hill has taught business law courses as an adjunct professor for the Florida Institute of Technology’s MBA program. He was awarded the Navy Meritorious Civilian Service Award (2002), the Navy Superior Performance Award (2017) and was a recipient of the SBA 2020 Tibbetts Award. Mr. Hill is currently engaged as a Senior Acquisition Consultant supporting the Small Business and Technology Partnerships Office of OSD.