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H.R. 246: Stimulating Innovation through Procurement Act of 2019

The text of the bill below is as of Jan 14, 2019 (Passed the House).


I

116th CONGRESS

1st Session

H. R. 246

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To amend the Small Business Act to require senior procurement executives, procurement center representatives, and the Office of Small and Disadvantaged Business Utilization to assist small business concerns participating in the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes.

1.

Short title

This Act may be cited as the Stimulating Innovation through Procurement Act of 2019.

2.

Definition of senior procurement executive

Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended—

(1)

in paragraph (12)(B), by striking and at the end;

(2)

in paragraph (13)(B), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(13)

the term senior procurement executive means an official designated under section 1702(c) of title 41, United States Code, as the senior procurement executive of a Federal agency participating in a SBIR or STTR program.

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3.

Inclusion of senior procurement executives in SBIR and STTR

(a)

In general

Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended—

(1)

in paragraph (8), by striking and at the end;

(2)

in paragraph (9), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(10)

to coordinate, where appropriate, with the senior procurement executive of the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program with commercializing research developed under such a program before such small business concern is awarded a contract from such Federal agency.

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(b)

Technical amendment

Section 9(b)(3) of the Small Business Act (15 U.S.C. 638(b)(3)) is amended by striking and at the end.

4.

Modifications relating to procurement center representatives and other acquisition personnel

(a)

SBIR amendment

Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end the following new paragraph:

(4)

Modifications relating to procurement center representatives

Upon the enactment of this paragraph, the Administrator shall modify the policy directives issued pursuant to this subsection to require procurement center representatives (as described in section 15(l)) to assist small business concerns participating in the SBIR program with researching solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement with the concern) and to provide technical assistance to such concerns to submit a bid for an award of a Federal contract. The procurement center representatives shall coordinate with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to section 15(k) for the agency letting the contract.

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(b)

STTR amendment

Section 9(p)(2) of the Small Business Act (15 U.S.C. 638(p)(2)) is amended—

(1)

in subparagraph (E)(ii), by striking and at the end;

(2)

in subparagraph (F), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(G)

procedures to ensure that procurement center representatives (as described in section 15(l))—

(i)

assist small business concerns participating in the STTR program with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement with the concern);

(ii)

provide technical assistance to such concerns to submit a bid for an award of a Federal contract; and

(iii)

coordinate with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to section 15(k) for the Federal agency letting the contract in providing the assistance described in clause (i).

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5.

Amendment to duties of procurement center representatives

Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is amended—

(1)

in subparagraph (I), by striking and at the end;

(2)

by redesignating subparagraph (J) as subparagraph (L); and

(3)

by inserting after subparagraph (I) the following new subparagraphs:

(J)

assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract to market the research developed by such concern under such SBIR or STTR program;

(K)

provide technical assistance to small business concerns participating in a SBIR or STTR program under section 9 to submit a bid for an award of a Federal contract, including coordination with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to subsection (k) for the agency letting the contract; and

.

6.

Amendment to the duties of the Director of Small and Disadvantaged Business Utilization for Federal agencies

Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended—

(1)

in paragraph (19), by striking and at the end;

(2)

in paragraph (20), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following new paragraphs:

(21)

shall assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement, as defined under section 9, with the concern) to market the research developed by such concern under such SBIR or STTR program; and

(22)

shall provide technical assistance to small business concerns participating in a SBIR or STTR program under section 9 to submit a bid for an award of a Federal contract, including coordination with procurement center representatives and the appropriate senior procurement executive for the agency letting the contract.

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Passed the House of Representatives January 14, 2019.

Karen L. Haas,

Clerk.