Sec. 818. Innovation set aside pilot program
570 words·~3 min read·
/bill/114/s/2814/is/section-818·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Director of the Office of Management and Budget may, in consultation with the Administrator of the Small Business Administration, conduct a pilot program to increase the participation of new, innovative entities in Federal contracting through the use of innovation set-asides. Notwithstanding the competition requirements in chapter 33 of title 41, United States Code, and the set-aside requirements in section 15 of the Small Business Act ( 15 U.S.C. 644 ), a Federal agency, with the concurrence of the Director, may set aside a contract award to one or more new entrant contractors.
The Director shall consult with the Administrator prior to providing concurrence. Notwithstanding any law addressing compliance requirements for Federal contracts— except as provided in subparagraph (B), a contract award to a new entrant contractor under the pilot program shall be subject to the same relief afforded under section 1905 of title 41, United States Code, to contracts the value of which is not greater than the simplified acquisition threshold; and for up to five pilots, the Director may authorize an agency to make an award to a new entrant contractor subject to the same compliance requirements that apply to a contractor receiving an award from the Secretary of Defense under section 2371 of title 10 United States Code.
The authority provided in subsection
(b)may be used under the following conditions: The agency has a requirement for new methods, processes, or technologies, which may include research and development, or new applications of existing methods, processes or technologies, to improve quality, reduce costs, or both; or Based on market research, the agency has determined that the requirement cannot be easily provided through an existing Federal contract; The agency intends either to make an award to a small business concern or to give special consideration to a small business concern before making an award to other than a small business; and The length of the resulting contract will not exceed 2 years. The Director may authorize the use of up to 25 innovation set-asides acquisitions. Except as provided in paragraph (2), the amount of an award under the pilot program under this section may not exceed $2,000,000 (including any options). The Director may authorize not more than 5 set-asides with an award amount greater than $2,000,000 but not greater than $5,000,000 (including any options). The Director shall issue guidance, as necessary, to implement the pilot program under this section. Within 3 years after the date of the enactment of this Act, the Director, in consultation with the Administrator shall submit to Congress a report on the pilot program under this section. The report shall include the following: The number of awards (or orders under the Schedule) made under the authority of this section. For each award (or order)— the agency that made the award (or order); the amount of the award (or order); and a brief description of the award (or order), including the nature of the requirement and the innovation produced from the award (or expected if contract performance is not completed). The authority to award an innovation set-aside under this section shall terminate on December 31, 2020. For purposes of this section, the term new entrant contractor , with respect to any contract under the program, means an entity that has not been awarded a Federal contract within the 5-year period ending on the date on which a solicitation for that contract is issued under the program.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 818
Innovation set aside pilot program
Cites 1Cited by 0 across 0 sources