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FAR 252.227-7999 — Additional Postaward Requirements for Small Business Technology Transfer Program (RFO-only)

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252.227-7999 Additional Postaward Requirements for Small Business Technology Transfer Program

Type: Clause (RFO-only)

Prescribing part: FAR Part 227

Source: acquisition.gov RFO Part 52

This clause was introduced by the Revolutionary FAR Overhaul (EO 14275) and does not appear in the codified eCFR. It applies to contracts using the RFO model.

RFO Prescription

(2) Insert the clause at 252.227-7999, Additional Postaward Requirements for
Small Business Technology Transfer Program, in solicitations and contracts, including
solicitations and contracts using FAR part 12 procedures for the acquisition of
commercial products and commercial services, for acquisitions under the STTR
program.

Current Text (RFO)

ADDITIONAL POSTAWARD REQUIREMENTS FOR SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM (DEVIATION 2026-O0036) (FEB 2026)

(a) Definitions. As used in this clause—

"Research institution" means an institution or entity that—

(1) Has a place of business located in the United States;

(2) Operates primarily within the United States or makes a significant
contribution to the U.S. economy through payment of taxes or use of American
products, materials, or labor; and

(3) Is either—

(i) A nonprofit institution that is owned and operated exclusively for
scientific or educational purposes, no part of the net earnings of which inures to the
benefit of any private shareholder or individual (section 4(3) of the Stevenson-Wydler
Technology Innovation Act of 1980); or

(ii) A federally-funded research or research and development center as
identified by the National Science Foundation
(https://www.nsf.gov/statistics/ffrdclist/) in accordance with the guidance at Federal
Acquisition Regulation 35.017.

"United States" means the 50 States and the District of Columbia, the territories and
possessions of the Government, the Commonwealth of Puerto Rico, the Republic of the
Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(b) Preaward submissions. Attached to this contract are the following documents,
submitted by the Contractor pursuant to Defense Federal Acquisition Regulation
Supplement (DFARS) 252.227-7998, Additional Preaward Requirements for Small
Business Technology Transfer Program:

(1) The written agreement between the Contractor and a research institution.

(2) The Contractor's written representation that the Contractor is satisfied with
that written agreement, which does not conflict with the clause at DFARS 252.227-
7993, Rights in Other Than Commercial Technical Data and Computer Software-Small
Business Innovation Research Program and Small Business Technology Transfer
Program, or this clause.

(c) Postaward updates. The Contractor shall not allow any modification to its
written agreement with the research institution, unless the written agreement, as
modified, contains—

(1) A specific allocation of ownership, rights, and responsibilities for intellectual
property (including inventions, patents, technical data, and computer software)
resulting from performance of this contract;

(2) Identification of which party to the written agreement may obtain United
States or foreign patents or otherwise protect any inventions that result from a Small
Business Technology Transfer Program award;

(3) The Contractor's written, dated, and signed representation that—

(i) The Contractor is satisfied with its written agreement with the research
institution, as modified; and

(ii) The written agreement, as modified, does not conflict with the clause at
DFARS 252.227-7993, Rights in Other Than Commercial Technical Data and Computer
Software-Small Business Innovation Research Program and Small Business Technology
Transfer Program, or this clause; and

(4) No terms and conditions that conflict with the clause at DFARS 252.227-
7993, Rights in Other Than Commercial Technical Data and Computer Software-Small
Business Innovation Research Program and Small Business Technology Transfer
Program, or this clause, including the rights of the United States, the Contractor, and
the research institution regarding intellectual property, and regarding any right to
carry out follow-on research.

(d) Submission of updated agreement. Within 30 days of execution of the modified
written agreement described in paragraph (b)(1) of this clause, the Contractor shall
submit a copy of that updated written agreement and the updated written
representation described in paragraph (b)(2) of this clause to the Contracting Officer for
review and attachment to this contract.

(End of clause)