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TITLE XVII — SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS

P. L. 115-

House Conference Report. 115-404

(a) In General.—Section 9(r)(4) of the Small Business Act (15 U.S.C. 638(r)(4)) is amended by striking “shall issue Phase III awards” and inserting the following: “shall—

“(A) consider an award under the SBIR program or the STTR program to satisfy the requirements under section 2304 of title 10, United States Code, and any other applicable competition requirements; and

“(B) issue, without further justification, Phase III awards”.

(b) Conforming Amendments.—

(1) SMALL BUSINESS ACT.—Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is amended—

(A) in the subsection heading, by inserting “, Competitive Procedures, And Justification For Awards” after “Agreements”; and

(B) by amending the heading for paragraph (4) to read as follows: “COMPETITIVE PROCEDURES AND JUSTIFICATION FOR AWARDS”.

(2) TITLE 10.—Section 2304(f) of title 10, United States Code, is amended—

(A) in paragraph (1), by inserting “and paragraph (6)” after “paragraph (2)”; and

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

“(6) The justification and approval required by paragraph (1) is not required in the case of a Phase III award made pursuant to section 9(r)(4) of the Small Business Act (15 U.S.C. 638(r)(4)).”.

The Senate amendment contained a provision (sec. 897) that would amend section 9(r)(4) of the Small Business Act (15 U.S.C. 638(r)(4)). The provision would clarify that the issuance of Phase III awards should give preference to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) award recipients who developed the technology. This provision would also clarify that SBIR and STTR award recipients should fulfill the competition requirements under section 2304 of title 10, United States Code, for military procurement.

The House bill contained no similar provision.

The House recedes with an amendment that would make conforming amendments to the Competition in Contracting Act (Public Law 98-369).