IIB 

116TH CONGRESS 

1ST SESSION H. R. 246 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2019 

Received; read twice and referred to the Committee on Small Business and 

Entrepreneurship 

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. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

HR 246 RFS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stimulating Innovation 

5 through Procurement Act of 2019’’. 

6 SEC. 2. DEFINITION OF SENIOR PROCUREMENT EXECU7 TIVE. 

8 Section 9(e) of the Small Business Act (15 U.S.C. 

9 638(e)) is amended— 

10 (1) in paragraph (12)(B), by striking ‘‘and’’ at 

11 the end; 

12 (2) in paragraph (13)(B), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(13) the term ‘senior procurement executive’ 

17 means an official designated under section 1702(c) 

18 of title 41, United States Code, as the senior pro19 curement executive of a Federal agency participating 

20 in a SBIR or STTR program.’’. 

21 SEC. 3. INCLUSION OF SENIOR PROCUREMENT EXECU22 TIVES IN SBIR AND STTR. 

23 (a) IN GENERAL.—Section 9(b) of the Small Busi24 ness Act (15 U.S.C. 638(b)) is amended— 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

HR 246 RFS

1 (1) in paragraph (8), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (9), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(10) to coordinate, where appropriate, with the 

8 senior procurement executive of the relevant Federal 

9 agency to assist small business concerns partici10 pating in a SBIR or STTR program with commer11 cializing research developed under such a program 

12 before such small business concern is awarded a con13 tract from such Federal agency.’’. 

14 (b) TECHNICAL AMENDMENT.—Section 9(b)(3) of 

15 the Small Business Act (15 U.S.C. 638(b)(3)) is amended 

16 by striking ‘‘and’’ at the end. 

17 SEC. 4. MODIFICATIONS RELATING TO PROCUREMENT 

18 CENTER REPRESENTATIVES AND OTHER AC19 QUISITION PERSONNEL. 

20 (a) SBIR AMENDMENT.—Section 9(j) of the Small 

21 Business Act (15 U.S.C. 638(j)) is amended by adding 

22 at the end the following new paragraph: 

23 ‘‘(4) MODIFICATIONS RELATING TO PROCURE24 MENT CENTER REPRESENTATIVES.—Upon the en25 actment of this paragraph, the Administrator shall 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

HR 246 RFS

1 modify the policy directives issued pursuant to this 

2 subsection to require procurement center representa3 tives (as described in section 15(l)) to assist small 

4 business concerns participating in the SBIR pro5 gram with researching solicitations for the award of 

6 a Federal contract (particularly with the Federal 

7 agency that has a funding agreement with the con8 cern) and to provide technical assistance to such 

9 concerns to submit a bid for an award of a Federal 

10 contract. The procurement center representatives 

11 shall coordinate with the appropriate senior procure12 ment executive and the appropriate Director of the 

13 Office of Small and Disadvantaged Business Utiliza14 tion established pursuant to section 15(k) for the 

15 agency letting the contract.’’. 

16 (b) STTR AMENDMENT.—Section 9(p)(2) of the 

17 Small Business Act (15 U.S.C. 638(p)(2)) is amended— 

18 (1) in subparagraph (E)(ii), by striking ‘‘and’’ 

19 at the end; 

20 (2) in subparagraph (F), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

HR 246 RFS

1 ‘‘(G) procedures to ensure that procure2 ment center representatives (as described in 

3 section 15(l))— 

4 ‘‘(i) assist small business concerns 

5 participating in the STTR program with 

6 researching applicable solicitations for the 

7 award of a Federal contract (particularly 

8 with the Federal agency that has a funding 

9 agreement with the concern); 

10 ‘‘(ii) provide technical assistance to 

11 such concerns to submit a bid for an 

12 award of a Federal contract; and 

13 ‘‘(iii) coordinate with the appropriate 

14 senior procurement executive and the ap15 propriate Director of the Office of Small 

16 and Disadvantaged Business Utilization 

17 established pursuant to section 15(k) for 

18 the Federal agency letting the contract in 

19 providing the assistance described in clause 

20 (i).’’. 

21 SEC. 5. AMENDMENT TO DUTIES OF PROCUREMENT CEN22 TER REPRESENTATIVES. 

23 Section 15(l)(2) of the Small Business Act (15 

24 U.S.C. 644(l)(2)) is amended— 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

HR 246 RFS

1 (1) in subparagraph (I), by striking ‘‘and’’ at 

2 the end; 

3 (2) by redesignating subparagraph (J) as sub4 paragraph (L); and 

5 (3) by inserting after subparagraph (I) the fol6 lowing new subparagraphs: 

7 ‘‘(J) assist small business concerns partici8 pating in a SBIR or STTR program under sec9 tion 9 with researching applicable solicitations 

10 for the award of a Federal contract to market 

11 the research developed by such concern under 

12 such SBIR or STTR program; 

13 ‘‘(K) provide technical assistance to small 

14 business concerns participating in a SBIR or 

15 STTR program under section 9 to submit a bid 

16 for an award of a Federal contract, including 

17 coordination with the appropriate senior pro18 curement executive and the appropriate Direc19 tor of the Office of Small and Disadvantaged 

20 Business Utilization established pursuant to 

21 subsection (k) for the agency letting the con22 tract; and’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

HR 246 RFS

1 SEC. 6. AMENDMENT TO THE DUTIES OF THE DIRECTOR OF 

2 SMALL AND DISADVANTAGED BUSINESS UTI3 LIZATION FOR FEDERAL AGENCIES. 

4 Section 15(k) of the Small Business Act (15 U.S.C. 

5 644(k)) is amended— 

6 (1) in paragraph (19), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (20), by striking the period at 

9 the end and inserting a semicolon; and 

10 (3) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(21) shall assist small business concerns par13 ticipating in a SBIR or STTR program under sec14 tion 9 with researching applicable solicitations for 

15 the award of a Federal contract (particularly with 

16 the Federal agency that has a funding agreement, as 

17 defined under section 9, with the concern) to market 

18 the research developed by such concern under such 

19 SBIR or STTR program; and 

20 ‘‘(22) shall provide technical assistance to small 

21 business concerns participating in a SBIR or STTR 

22 program under section 9 to submit a bid for an 

23 award of a Federal contract, including coordination 

24 with procurement center representatives and the apVerDate Sep 11 2014 23:30 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H246.RFS H246

pamtmann on DSKBFK8HB2PROD with BILLS
8 

HR 246 RFS

1 propriate senior procurement executive for the agen2 cy letting the contract.’’. 

Passed the House of Representatives January 14, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


pamtmann on DSKBFK8HB2PROD with BILLS