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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle G—Small Business Matters

P. L. 116-92

House Conference Report 116-333

(a) 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:

``(14) 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.''.

(b) Inclusion of Senior Procurement Executives in SBIR and STTR.--

(1) In general.--Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended--

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

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

(C) by adding at the end the following new paragraph:

``(10) to consult, where appropriate, with personnel from 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.''.

(2) 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.

(c) Modifications Relating to Procurement Center Representatives and Other Acquisition Personnel.--

(1) 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 consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the SBIR program, particularly in Phase III.''.

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

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

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

(C) by adding at the end the following new subparagraph:

``(G) procedures to ensure that procurement center representatives (as described in section 15(l))--

``(i) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the STTR program, particularly in Phase III;

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

``(iii) consult with the appropriate personnel from the relevant Federal agency in providing the assistance described in clause (i).''.

(d) 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 (K); and
(3) by inserting after subparagraph (I) the following new subparagraph:

``(J) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in a SBIR or STTR program under section 9 with Phase III;''.

(e) 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 paragraph:

``(21) shall consult with the appropriate personnel from the relevant Federal agency to 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.''.

The House amendment contained a provision (sec. 882) that would amend the Small Business Act (15 U.S.C. 638) to help small business concerns participating in the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The provision would, among other things, require procurement center representatives and the appropriate Director of Small and Disadvantaged Business Utilization to assist participating small business concerns with researching solicitations and providing technical assistance to bid for federal contracts. The provision would also direct agency senior procurement executives, where appropriate, to assist small business concerns with commercializing research developed under SBIR or SBTT before awarding federal agency contracts.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would require procurement center representatives to consult with appropriate agency personnel to assist small business concerns in the SBIR program and STTR program, particularly in Phase III, and to provide technical assistance to submit a bid for an award of a federal contract.