Sec. 12. Research and development project pilot program
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/bill/118/s/4495/rs/section-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The head of an agency may carry out research and prototype projects in accordance with this section. A pilot program established under this section shall provide a means by which an agency may— carry out basic, applied, and advanced research and development projects; and carry out prototype projects that address— a proof of concept, model, or process, including a business process; reverse engineering to address obsolescence; a pilot or novel application of commercial technologies for agency mission purposes; agile development activity; the creation, design, development, or demonstration of operational utility; or any combination of items described in subparagraphs
(A)through (E). Under a pilot program established under this section, the head of an agency may carry out research and prototype projects— using small businesses to the maximum extent practicable; using cost sharing arrangements where practicable; tailoring intellectual property terms and conditions relevant to the project and commercialization opportunities; and ensuring that such projects do not duplicate research being conducted under existing agency programs. The use of research and development contracting procedures under this section shall be considered to be use of competitive procedures, as defined in section 152 of title 41, United States Code. The use of research and development contracting procedures under this section shall be considered to be use of commercial technology, as defined in section 2. A follow-on contract provided for in a contract opportunity announced under this section may, at the discretion of the head of the agency, be awarded to a participant in the original project or phase if the original project or phase was successfully completed. The head of an agency shall not enter into a contract under the pilot program for an amount in excess of $10,000,000. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation research and development contracting procedures as necessary to implement this section, including requirements for each research and development project under a pilot program to be made publicly available through a means that provides access to the notice of the opportunity 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 pilot program until the agency, in consultation with the relevant Acquisition Regulatory Council issues and makes publicly available guidance on procedures for use of the authority. Contract actions entered into under this section shall be reported to the Federal Procurement Data System, or any successor system. The authority for a pilot program under this section shall terminate on the date that is 5 years from the date the Federal Acquisition Regulation is revised pursuant to subsection (h)(1) to implement the program.