S.Amdt. 1512

1. Adds SEC. __. SBIR AND STTR PROGRAMS: USE OF GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTION AUTHORITY; USE OF SIMPLIFIED ACQUISITION PROCEDURES wherever appropriate

   Adds a section

   Inserted: SEC. __. SBIR AND STTR PROGRAMS: USE OF GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTION AUTHORITY; USE OF SIMPLIFIED ACQUISITION PROCEDURES.

   Inserted: (a) In General.--Chapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended by inserting after section 4004 the following new section:

   Inserted: "Sec. 4005. SBIR and STTR programs: use of grants, cooperative agreements, and other transaction authority;

   Inserted: use of simplified acquisition procedures

   Inserted: "(a) Use of Grants, Cooperative Agreement, and Other Transaction Authority.--Notwithstanding section 6303 of title 31, the Secretary of Defense shall provide that grants, cooperative agreements, and other transactions authorized under section 4002 of this title may be used in carrying out the SBIR program and the STTR program within the Department of Defense.

   Inserted: "(b) Use of Simplified Acquisition Procedures for SBIR and STTR Contracts in Excess of Simplified Acquisition Threshold.--(1) In carrying out the SBIR program and the STTR program within the Department of Defense, the Secretary of Defense may use simplified acquisition procedures for a contract under such program without regard to the amount of the contract.

   Inserted: "(2) Section 3571(b) of this title, and any other provision of law for which the applicability of the provision depends on whether the amount of a contract is not greater than the simplified acquisition threshold, shall apply to a contract for which the Secretary uses simplified acquisition procedures by reason of the authority under paragraph (1) in the same manner as if the amount of the contract were not greater than the simplified acquisition threshold.

   Inserted: "(3) In carrying out paragraph (1), the Secretary shall ensure that the applicability of the provisions of the Small Business Act (15 U.S.C. 1631 et seq.) providing for the determination of the respective rights of the United States and the small business concern with respect to intellectual property rights, and with respect to any right to carry out follow-on research, under a funding agreement under the SBIR program or the STTR program is not affected by the use of simplified acquisition procedures.

   Inserted: "(c) Definitions.--In this section:

   Inserted: "(1) The terms 'SBIR' and 'STTR' have the meanings given those terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).

   Inserted: "(2) The term 'simplified acquisition procedures' means the simplified acquisition procedures described in section 3571 of this title.

   Inserted: "(3) The term 'simplified acquisition threshold' has the meaning given that term in section 134 of title 41.".

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   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 4005 and inserting the following:

   Inserted: "4005. SBIR and STTR programs: use of grants, cooperative agreements, and other transaction authority; use of simplified acquisition procedures.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed