Sec. 5109. COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH AND DEVELOPMENT CENTERS
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## SEC. 5109 COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH AND DEVELOPMENT CENTERS Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this title, is further amended by adding at the end the following: > > ###### “(ee) Collaborating With Federal Laboratories and Research and Development Centers > > > #### “(1) Authorization > > Subject to the limitations under this section, the head of each participating Federal agency may make SBIR and STTR awards to any eligible small business concern that— > > > ##### “(A) > > intends to enter into an agreement with a Federal laboratory or federally funded research and development center for portions of the activities to be performed under that award; or > > > ##### “(B) > > has entered into a cooperative research and development agreement (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))) with a Federal laboratory. > > > #### “(2) Prohibition > > No Federal agency shall— > > > ##### “(A) > > condition an SBIR or STTR award upon entering into agreement with any Federal laboratory or any federally funded laboratory or research and development center for any portion of the activities to be performed under that award; > > > ##### “(B) > > approve an agreement between a small business concern receiving an SBIR or STTR award and a Federal laboratory or federally funded laboratory or research and development center, if the small business concern performs a lesser portion of the activities to be performed under that award than required by this section and by the SBIR Policy Directive and the STTR Policy Directive of the Administrator; or > > > ##### “(C) > > approve an agreement that violates any provision, including any data rights protections provision, of this section or the SBIR and the STTR Policy Directives. > > > #### “(3) Implementation > > Not later than 180 days after the date of enactment of this subsection, the Administrator shall modify the SBIR Policy Directive and the STTR Policy Directive issued under this section to ensure that small business concerns— > > > ##### “(A) > > have the flexibility to use the resources of the Federal laboratories or federally funded research and development centers; and > > > ##### “(B) > > are not mandated to enter into agreement with any Federal laboratory or any federally funded laboratory or research and development center as a condition of an award. > > > #### “(4) Advance payment > > If a small business concern receiving an award under this section enters into an agreement with a Federal laboratory or federally funded research and development center for portions of the activities to be performed under that award, the Federal laboratory or federally funded research and development center may not require advance payment from the small business concern in an amount greater than the amount necessary to pay for 30 days of such activities.” > .
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Sec. 5109
COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH AND DEVELOPMENT CENTERS
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