As of this posting, Congress has not yet reauthorized the popular Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Given the broad bipartisan support for these programs, most observers expect Congress to reauthorize the programs before they sunset on September 30, 2022.
The Department of Defense (DoD), in the meantime, has issued guidance to its agencies for what a lapse would mean. If Congress does not reauthorize the programs, effective October 1, 2022:
- DoD will issue no further SBIR/STTR solicitations.
- DoD will make no new SBIR/STTR awards for SBIR/STTR Phase I or Phase II efforts. Options and increments to existing DoD Phase I and II awards will not be made with SBIR/STTR funds.
- DoD will place pending DoD Phase lll procurements and related unobligated funding on hold until further guidance is provided.
- DoD will award no further SBIR/STTR Phase III sole source contracts, unless the acquisition is independently justifiable under FAR Part 6's exceptions to full and open competition.
MoFo will continue to monitor the reauthorization effort and the impact that a failure to reauthorize will have on the SBIR/STTR community.
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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