Sec. 11. Multi-phase commercial technology test program
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The head of an agency may procure commercial technology through a multi-phase test program of contracts in accordance with this section. A test program established under this section shall— provide a means by which an agency may post a solicitation, including for a general need or area of interest, for which the agency intends to explore commercial technology solutions and for which an offeror may submit a bid based on existing commercial capabilities of the offeror with minimal modifications or a technology that the offeror is developing for commercial purposes; and use phases, as described in subsection (c), to minimize government risk and incentivize competition.
Under a test program established under this section, the head of an agency may acquire commercial technology through a competitive evaluation of proposals resulting from general solicitation in the following phases: Selectees may be awarded a portion of the total contract award and have a period of performance of not longer than 1 year to prove the merits, feasibility, and technological benefit the proposal would achieve for the agency. Selectees may be awarded a portion of the total contract award and have a period of performance of not longer than 1 year to create a detailed timeline, establish an agreeable intellectual property ownership agreement, and implement the proposal on a small scale.
Following successful performance on phase 1 and 2, selectees may be awarded up to the full remainder of the total contract award to implement the proposal, depending on the agreed upon costs and the number of contractors selected. If no selectees are found suitable for phase 3, the agency head may determine not to make any selections for phase 3, terminate the solicitation and utilize any remaining funds to issue a modified general solicitation for the same area of interest. The use of general solicitation competitive procedures for a test program under this section shall be considered to be use of competitive procedures as defined in section 152 of title 41, United States Code.
The head of an agency shall not enter into a contract under the test program for an amount in excess of $25,000,000. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation as necessary to implement this section, including requirements for each general solicitation under a test program to be made publicly available through a means that provides access to the notice of the general solicitation through the System for Award Management or subsequent government-wide point of entry, with classified solicitations posted to the appropriate government portal.
The head of an agency may not award contracts under a test program until the agency issues guidance with procedures for use of the authority. The guidance shall be issued in consultation with the relevant Acquisition Regulatory Council and shall be publicly available. The authority for a test program under this section shall terminate on the date that is 5 years after the date the Federal Acquisition Regulation is revised pursuant to subsection (f)(1) to implement the program.