H.R. 2763 – The Small Business Innovation Research and Small Business Technology Transfer Improvements Acts

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One of the things we’re seeing a lot of in the Federal sector right now is an emphasis on innovation and on finding new ways to do things. So, it’s not surprising that the 2018 NDAA addressed this in part.

This provision in the NDAA amends the Small Business Act to require:
• the Small Business Administration’s (SBA’s) annual report on the Small Business Information and Research (SBIR) and Small Business Technology Transfer (STTR) programs to be submitted by December 31, and
• each Federal agency required to establish an SBIR program to submit its annual report on such program by March 30.

H.R. 2763, the Small Business Innovation Research and Small Business Technology Transfer Improvements Act requires (current law authorizes) the Department of Defense (DOD), for any contract under the Commercial Readiness Program with a value of at least $100 million, to:
• establish goals for the transition of Phase III technologies in subcontracting plans, and
• require a prime contractor to report the number and dollar amount of contacts entered into for Phase III SBIR or STTR projects.

The NDAA also authorizes all agencies participating in the SBIR program, during FY2018-FY2022, to provide SBIR Phase II awards for a project to a small business concern without regard to whether such concern was provided a Phase I award for such project.

This is important because the funding now can go to organizations, especially small businesses. This is a new proviso and gives agencies far more flexibility in awarding innovative technologies even a direct Phase II award.

The provision changes the temporary pilot program that a covered agency may establish for the allocation of SBIR and STTR program funds for awards for technology development, testing, evaluation, and commercialization assistance for SBIR and STTR phase II technologies, or to support the progress of research, research and development, and commercialization conducted under such programs to phase III, to a permanent Civilian Agency Commercialization Readiness Program.

It also extends until September 30, 2022, the deadline until which the SBA shall allow each agency required to conduct an SBIR program to use not more than 3% of program funds for administrative, oversight, and contract processing costs.

This provision also calls for greater transparency from the Small Business Administration (SBA) on the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs.



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