I 
119TH CONGRESS 
1ST SESSION 
H. R. 767 
To amend the Public Health Service Act to authorize the Biomedical Ad-
vanced Research and Development Authority to award follow-on produc-
tion contracts or transactions, procure supplies for experimental or test 
purposes, and acquire innovative commercial products and commercial 
services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2025 
Mr. GARCIA of California introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to authorize the 
Biomedical Advanced Research and Development Author-
ity to award follow-on production contracts or trans-
actions, procure supplies for experimental or test pur-
poses, and acquire innovative commercial products and 
commercial services, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fast-Track Logistics 
for Acquiring Supplies in a Hurry Act of 2025’’ or the 
‘‘FLASH Act of 2025’’. 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 2. AUTHORITY TO AWARD FOLLOW-ON PRODUCTION 
CONTRACTS OR TRANSACTIONS, PROCURE 
SUPPLIES FOR EXPERIMENTAL OR TEST PUR-
POSES, AND ACQUIRE INNOVATIVE COMMER-
CIAL PRODUCTS AND COMMERCIAL SERV-
ICES. 
Section 319L of the Public Health Service Act (42 
U.S.C. 247d–7e) is amended— 
(1) in subsection (a)(6)(B), by amending clause 
(ii) to read as follows: 
‘‘(ii) design and development of— 
‘‘(I) tests and prototypes, includ-
ing obtaining sufficient quantities for 
evaluation of such tests and proto-
types; and 
‘‘(II) models, including animal 
models, for such testing and proto-
types;’’; and 
(2) in subsection (c)(5)— 
(A) in subparagraph (A)— 
(i) by redesignating clause (iv) as 
clause (v); and 
(ii) by inserting after clause (iii) the 
following new clause: 
‘‘(iv) FOLLOW-ON PRODUCTION CON-
TRACTS OR TRANSACTIONS.— 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(I) IN GENERAL.—A transaction 
entered into under this subparagraph 
for the design or development of a 
prototype may provide for the award 
of a follow-on production contract or 
transaction to the participants in the 
transaction. 
‘‘(II) 
PROTOTYPE
SUB-
PROJECTS.—A 
transaction 
entered 
into under this subparagraph includes 
all prototype subprojects awarded 
under the transaction to carry out au-
thorities under this section. 
‘‘(III) EXCEPTION TO COMPETI-
TIVE PROCEDURES.—Notwithstanding 
clause (ii), a follow-on production con-
tract or transaction provided for in a 
transaction under this clause may be 
awarded to the participants in the 
transaction without the use of com-
petitive procedures, even if explicit no-
tification was not listed within the re-
quest for proposal for the transaction, 
if competitive procedures were used 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
for the selection of parties for partici-
pation in the initial transaction.’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(I) PROCUREMENT
FOR
EXPERIMENTAL 
OR TEST PURPOSES.— 
‘‘(i) IN
GENERAL.—The Secretary 
may purchase medical countermeasures, 
products, and supplies, chemical materials 
and reagents, manufacturing supplies, pro-
tective equipment, and such other supplies, 
including parts and accessories, and de-
signs thereof, as the Secretary determines 
necessary for experimental or test purposes 
in the development of supplies that are 
necessary for national public health and 
health security. 
‘‘(ii) PROCEDURES.—Notwithstanding 
subparagraph (A)(ii), the Secretary may 
make purchases under this subparagraph 
by contract, or by entering into a trans-
action other than a contract, using non-
competitive procedures. 
‘‘(J) ACQUISITION
OF
INNOVATIVE
COM-
MERCIAL
PRODUCTS
AND
COMMERCIAL
SERV-
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
ICES USING GENERAL SOLICITATION COMPETI-
TIVE PROCEDURES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A)(ii), the Secretary may 
acquire innovative commercial products 
and commercial services through a com-
petitive selection of proposals resulting 
from a general solicitation and the peer re-
view of such proposals. 
‘‘(ii) TREATMENT
AS
COMPETITIVE 
PROCEDURES.—Use of general solicitation 
competitive procedures under clause (i) 
shall be considered to be use of competitive 
procedures for purposes of chapter 33 of 
title 41, United States Code. 
‘‘(iii) LIMITATIONS.— 
‘‘(I) TRANSACTIONS
IN
EXCESS 
OF $100,000,000.—The Secretary may 
not enter into a contract or agreement 
in excess of $100,000,000 using the 
authority under clause (i), unless the 
Secretary makes a written determina-
tion of the efficacy of the effort to 
meet mission needs of the Department 
of Health and Human Services. 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(II) 
FIXED-PRICE.—Contracts 
or agreements entered into using the 
authority under clause (i) shall be 
fixed-price, including fixed-price in-
centive contracts. 
‘‘(iv) CONGRESSIONAL
NOTIFICATION 
REQUIRED.— 
‘‘(I) 
SUBMISSION.—Not 
later 
than 45 days after the award of a 
contract for an amount exceeding 
$100,000,000 using the authority 
under clause (i), the Secretary shall 
provide notification of such award to 
the Committee on Energy and Com-
merce and the Committee on Appro-
priations of the House of Representa-
tives, and the Committee on Health, 
Education, Labor, and Pensions and 
the Committee on Appropriations of 
the Senate. 
‘‘(II) 
CONTENTS.—Notification 
of an award under subclause (I) shall 
include the following: 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(aa) Description of the in-
novative commercial product or 
commercial service acquired. 
‘‘(bb) Description of the re-
quirement, capability gap, or po-
tential technological advancement 
with respect to which the innova-
tive commercial product or com-
mercial service acquired provides 
a solution or a potential new ca-
pability. 
‘‘(cc) Amount of the con-
tract awarded. 
‘‘(dd) Identification of the 
contractor awarded the contract. 
‘‘(v) INNOVATIVE DEFINED.—In this 
subparagraph, the term ‘innovative’, with 
respect to a commercial product or com-
mercial service, means— 
‘‘(I) any technology, process, or 
method, including research and devel-
opment, that is new as of the date of 
submission of a proposal; or 
‘‘(II) with respect to a tech-
nology, process, or method, including 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS
research and development, existing as 
of the date of submission of a pro-
posal, any application of such tech-
nology, process, or method that is new 
to the Federal Government as of such 
date.’’. 
Æ 
VerDate Sep 11 2014 
20:38 Feb 24, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H767.IH
H767
ssavage on LAPJG3WLY3PROD with BILLS