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Invitation to the Small Business SBIR Regulatory Roundtable On Behalf of the Office of Advocacy and the Small Business Administration:
Dear Small Business Representatives:
The Office of Advocacy will host a Small Business Roundtable on Monday, June 25th, 2012 from 2 p.m. until 4 p.m. to discuss the new SBIR/STTR proposed regulations and the potential impact on small business. Advocacy's Small Business Roundtable will be held in Boston, MA at the Thomas “Tip” O’Neill Federal Building, Conference Room B. Please mark your calendar. We are especially interested in hearing from small business research and development companies.
On July 22, 1982, Congress enacted and the President signed into law the Small Business Innovation Development Act of 1982, Public Law 97-219 (codified at 15 U.S.C. 638), which established the Small Business Innovation Research (SBIR) Program. The statutory purpose of the SBIR Program is to stimulate technological innovation by strengthening the role of innovative small business concerns in Federally-funded research and research and development (R/R&D). In 1992, Congress enacted the Small Business Technology Transfer Act of 1992 (STTR Act), Public Law 102-564 (codified at 15 U.S.C. 638). The STTR Act initially established the Small Business Technology Transfer (STTR) program as a pilot program that requires Federal agencies with extramural budgets for R/R&D in excess of $1 billion per fiscal year to enter into funding agreements with small business concerns that engage in a collaborative relationship with a research institution. The purpose of the STTR program is to stimulate a partnership of ideas and technologies between innovative small business concerns and research institutions. Congress amended the Small Business Act in 2001 and changed the status of the STTR program from a pilot program to a permanent one.
On December 31, 2011, the President signed into law the National Defense Authorization Act for Fiscal Year 2012 (Defense Reauthorization Act), Public Law 112-81. Section 5001, Division E of the Defense Reauthorization Act contains the SBIR/STTR Reauthorization Act of 2011 (SBIR/STTR Reauthorization Act), which extends both the SBIR and STTR programs through September 30, 2017, increases the percentage of each participating agency's extramural budget allocated for the programs, and increases the SBIR and STTR Phase I and Phase II award levels. In addition to the above, the SBIR/STTR Reauthorization Act contains several provisions relating to businesses which are majority-owned by venture capital operating companies (VCOCs), hedge funds, or private equity firms. Specifically, the SBIR/STTR Reauthorization Act provides that businesses majority-owned by VCOCs, hedge funds, or private equity firms may participate in the SBIR Program under certain conditions. These are given in Title LI, Section 5107 of the Defense Reauthorization Act, found here: http://www.gpo.gov/fdsys/pkg/PLAW-112publ81/pdf/PLAW-112publ81.pdf.
The U.S. Small Business Administration (SBA) proposes to amend its regulations governing size and eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs. This proposed rule would implement provisions of the Defense Reauthorization Act. The proposed rule addresses ownership, control and affiliation for participants in the SBIR and STTR Programs. This includes participants that are majority-owned by multiple VCOCs, private equity firms, or hedge funds. You may access the proposed rule at: http://www.gpo.gov/fdsys/pkg/FR-2012-05-15/html/2012-11586.htm.
You must submit your comments on or before July 16, 2012.
If you would like to attend the Small Business Roundtable please RSVP to Kyle Kempf at Kyle.firstname.lastname@example.org. A final Agenda for the Roundtable will be developed and circulated at the meeting. We hope to see you on June 25th. Please feel free to contact me or Kyle if you have any questions or require additional information.
Assistant Chief Counsel
Assistant Chief Counsel for Congressional Affairs