Section 1 Short title
This Act may be cited as the “SBIR Commercialization Improvement Act”.
SBIR Commercialization Improvement Act
A BILL
To amend section 9 of the Small Business Act to require the Administrator of the Small Business Administration to establish training on Phase III acquisitions for the acquisition workforce, and for other purposes.
Sec. 2 Phase III award education
Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is amended by adding at the end the following new paragraph:
“(5) Workforce training
“(A) In general—The Administrator, in coordination with the Secretary of Defense, the Administrator of the General Services Administration, and the head of any such other Federal agency that the Administrator determines appropriate, shall establish training activities for contracting officers and agency acquisition workforce of Federal agencies to ensure that such individuals are fully aware of all aspects of Phase III acquisitions under the SBIR and STTR programs, as applicable.
“(B) Training topics—The training activities required under subparagraph (A) shall include training on—
“(i) the missions, goals, and authorities of the SBIR and STTR programs;
“(ii) the use of Phase III agreement;
“(iii) Phase III data rights; and
“(iv) the execution of Phase III sole source award contracts.
“(C) Definitions—In this paragraph:
“(i) Agency acquisition workforce—The term agency acquisition workforce means the employees of a Federal agency that have procurement or acquisition responsibilities, including—
“(I) employees described in section 1703 of title 41, United States Code; and
“(II) individuals that are part of the acquisition workforce (as such term is defined in section 101(a) of title 10, United States Code).
“(ii) Phase III acquisition—The term Phase III acquisition means the acquisition of a good or service from a participant in Phase III that such participant has commercialized or is seeking to commercialize as such a participant.”
Sec. 3 Phase III improvements
Procurement center representative directives—
In general— Section 9(j)(4) of the Small Business Act (15 U.S.C. 638(j)(4)) is amended by inserting before the period at the end the following: “, and advocate for the maximum practicable use and transition of products, services, and technologies developed under SBIR or STTR programs to Phase III by means of Phase III awards to small business concerns”.
Modification deadline— Not later than one year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall modify the policy directives issues pursuant to subsection (j) of section 9 of the Small Business Act (15 U.S.C. 638(j)) in accordance with paragraph (4) of such subsection, as amended by paragraph (1).
Phase III award simplification— Section 9(r)(4) of the Small Business Act (15 U.S.C. 638(r)(4)) is amended—
in subparagraph (A), by striking “and” at the end;
in subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following new subparagraphs:
“(C) report to the Administrator on the actions taken by the Federal agency or Federal prime contractor to develop simplified and standardized procedures and model contracts for Phase I, Phase II, and Phase III SBIR awards; and
“(D) shall issue standardized solicitation provisions and contract clauses which provide clear guidance on the information that small business concerns participating in SBIR or STTR programs can be expected to provide as part of market research or as part of a proposal by such small business concern to establish eligibility for Phase III awards.”
Sec. 4 Phase III and sole-source awards
Section 9(r) of the Small Business Act (15 U.S.C. 638) is amended—
in the heading, by inserting “Sole Source and Other” after “Justification for”; and
in the heading for paragraph (4), by inserting “sole source and other” after “justification for”.