Sec. 5165. COMMERCIALIZATION SUCCESS
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## SEC. 5165 COMMERCIALIZATION SUCCESS 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: > > ###### “(qq) Minimum Standards for Participation > > > #### “(1) Progress to phase ii success > > > ##### “(A) Establishment of system and minimum commercialization rate > > Not later than 1 year after the date of enactment of this subsection, the head of each Federal agency participating in the SBIR or STTR program shall— > > > ###### “(i) > > establish a system to measure, where appropriate, the success of small business concerns with respect to the receipt of Phase II SBIR or STTR awards for projects that have received Phase I SBIR or STTR awards; > > > ###### “(ii) > > establish a minimum performance standard for small business concerns with respect to the receipt of Phase II SBIR or STTR awards for projects that have received Phase I SBIR or STTR awards; and > > > ###### “(iii) > > begin evaluating, each fiscal year, whether each small business concern that received a Phase I SBIR or STTR award from the agency meets the minimum performance standard established under clause (ii). > > > ##### “(B) Consequence of failure to meet minimum commercialization rate > > If the head of a Federal agency determines that a small business concern that received a Phase I SBIR or STTR award from the agency is not meeting the minimum performance standard established under subparagraph (A)(ii), such concern may not participate in Phase I (or Phase II if under the authority of subsection (cc)) of the SBIR or STTR program of that agency during the 1-year period beginning on the date on which such determination is made. > > > #### “(2) Progress to phase iii success > > > ##### “(A) Establishment of system and minimum commercialization rate > > Not later than 2 years after the date of enactment of this subsection, the head of each Federal agency participating in the SBIR or STTR program shall— > > > ###### “(i) > > establish a system to measure, where appropriate, the success of small business concerns with respect to the receipt of Phase III SBIR or STTR awards for projects that have received Phase I SBIR or STTR awards; > > > ###### “(ii) > > establish a minimum performance standard for small business concerns with respect to the receipt of Phase III SBIR or STTR awards for projects that have received Phase I SBIR or STTR awards; and > > > ###### “(iii) > > begin evaluating, each fiscal year, whether each small business concern that received a Phase I SBIR or STTR award from the agency meets the minimum performance standard established under clause (ii). > > > ##### “(B) Consequence of failure to meet minimum commercialization rate > > If the head of a Federal agency determines that a small business concern that received a Phase I SBIR or STTR award from the agency is not meeting the minimum performance standard established under subparagraph (A)(ii), such concern may not participate in Phase I (or Phase II if under the authority of subsection (cc)) of the SBIR or STTR program of that agency during the 1-year period beginning on the date on which such determination is made. > > > #### “(3) Administration oversight > > > ##### “(A) Approval and publication of systems and minimum performance standards > > Each system and minimum performance standard established under paragraph
(1)or paragraph
(2)shall be submitted by the head of the applicable Federal agency to the Administrator and shall be subject to the approval of the Administrator. In making a determination with respect to approval, the Administrator shall ensure that the minimum performance standard exceeds a de minimis level. The Administrator shall publish on the Internet Web site of the Administration the systems and minimum performance standards approved. > > > ##### “(B) Submission of evaluation results by agency > > The head of each covered Federal agency shall submit to the Administrator the results of each evaluation conducted under paragraph
(1)or paragraph (2). > > > #### “(4) Requirement of notice and comment > > Each system and minimum performance standard established under paragraph
(1)or paragraph
(2)and each approval provided by the Administrator under paragraph (3)(A), at least 60 days before becoming effective, shall be preceded by the provision of notice of and an opportunity for public comment on such system, standard, or approval.” > .
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Sec. 5165
COMMERCIALIZATION SUCCESS
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