,i #aaith ,,congress #ast ,session ,h4 ,r4 #gfg ,,in ,,the ,,house ,,of ,,representatives ,january #bh1 #bjbe,mr4 ,garcia of ,california introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,public ,health ,service ,act to authorize the ,biomedical ,advanced ,research and ,development ,authority to award follow-on production contracts or transactions1 procure supplies for experimental or test purposes1 and acquire innovative commercial products and commercial services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fast-,track ,logistics for ,acquiring ,supplies in a ,hurry ,act of #bjbe or the ,,flash ,act of #bjbe4 #b4 ,authority to award follow-on production contracts or transactions1 procure supplies for experimental or test purposes1 and acquire innovative commercial products and commercial services ,section #cai,l of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#g;e7 is amended-- 7#a7 in subsection 7a77#f77;,b71 by amending clause 7ii7 to read as follows3 7ii7 design and development of-- 7,i7 tests and prototypes1 including obtaining sufficient quantities for evaluation of such tests and prototypes2 and 7,,ii7 models1 including animal models1 for such testing and prototypes2 2 and 7#b7 in subsection 7c77#e7-- 7,a7 in subparagraph 7,a7-- 7i7 by redesignating clause 7iv7 as clause 7v72 and 7ii7 by inserting after clause 7iii7 the following new clause3 7iv7 ,follow-on production contracts or transactions 7,i7 ,in general ,a transaction entered into under this subparagraph for the design or development of a prototype may provide for the award of a follow-on production contract or transaction to the participants in the transaction4 7,,ii7 ,prototype subprojects ,a transaction entered into under this subparagraph includes all prototype subprojects awarded under the transaction to carry out authorities under this section4 7,,iii7 ,exception to competitive procedures ,notwithstanding clause 7ii71 a follow-on production contract or transaction provided for in a transaction under this clause may be awarded to the participants in the transaction without the use of competitive procedures1 even if explicit notification was not listed within the request for proposal for the transaction1 if competitive procedures were used for the selection of parties for participation in the initial transaction4 2 and 7,b7 by adding at the end the following new subparagraphs3 7,i7 ,procurement for experimental or test purposes 7i7 ,in general ,the ,secretary may purchase medical countermeasures1 products1 and supplies1 chemical materials and reagents1 manufacturing supplies1 protective equipment1 and such other supplies1 including parts and accessories1 and designs thereof1 as the ,secretary determines necessary for experimental or test purposes in the development of supplies that are necessary for national public health and health security4 7ii7 ,procedures ,notwithstanding subparagraph 7,a77ii71 the ,secretary may make purchases under this subparagraph by contract1 or by entering into a transaction other than a contract1 using noncompetitive procedures4 7,j7 ,acquisition of innovative commercial products and commercial services using general solicitation competitive procedures 7i7 ,in general ,notwithstanding subparagraph 7,a77ii71 the ,secretary may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals4 7ii7 ,treatment as competitive procedures ,use of general solicitation competitive procedures under clause 7i7 shall be considered to be use of competitive procedures for purposes of chapter #cc of title #da1 ,united ,states ,code4 7iii7 ,limitations 7,i7 ,transactions in excess of #ajj1jjj1jjj ,the ,secretary may not enter into a contract or agreement in excess of #ajj1jjj1jjj using the authority under clause 7i71 unless the ,secretary makes a written determination of the efficacy of the effort to meet mission needs of the ,department of ,health and ,human ,services4 7,,ii7 ,fixed-price ,contracts or agreements entered into using the authority under clause 7i7 shall be fixed-price1 including fixed-price incentive contracts4 7iv7 ,congressional notification required 7,i7 ,submission ,not later than #de days after the award of a contract for an amount exceeding #ajj1jjj1jjj using the authority under clause 7i71 the ,secretary shall provide notification of such award to the ,committee on ,energy and ,commerce and the ,committee on ,appropriations of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,appropriations of the ,senate4 7,,ii7 ,contents ,notification of an award under subclause 7,i7 shall include the following3 7aa7 ,description of the innovative commercial product or commercial service acquired4 7bb7 ,description of the requirement1 capability gap1 or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability4 7cc7 ,amount of the contract awarded4 7dd7 ,identification of the contractor awarded the contract4 7v7 ,innovative defined ,in this subparagraph1 the term innovative1 with respect to a commercial product or commercial service1 means-- 7,i7 any technology1 process1 or method1 including research and development1 that is new as of the date of submission of a proposal2 or 7,,ii7 with respect to a technology1 process1 or method1 including research and development1 existing as of the date of submission of a proposal1 any application of such technology1 process1 or method that is new to the ,federal ,government as of such date4 4