DATE: August 29, 2019

SUBJECT: DOE Research and Innovation Act -- Inclusion of Early Stage Technology Demonstration in Authorized Technology Transfer Activities

TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management


On August 27, 2019 DOE published a Final Rule in the Federal Register to amend its current acquisition regulations regarding allowability of costs associated with technology transfer activities pursuant to the Stevenson-Wydler Technology Innovation Act of 1980, as amended. The content of these technical amendments correspond with the provisions enacted by Congress through
The Department of Energy Research and Innovation Act.

Section 102 of the Department of Energy Research and Innovation Act, Public Law 115–246 (Research and Innovation Act), amended section 1001of EPACT 2005, 42 U.S.C. 16391 to require DOE to permit specified National Laboratories owned by DOE to use funds authorized to support technology transfer within DOE to carry out early stage and precommercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.

The Technology Transfer Mission clause at 48 CFR 970.5227–3 (paragraph (c)(1)) limited the use of funds used to support Office of Research and Technology Applications (ORTAs) to three categories: (1) Obtaining, maintaining, licensing, and assigning Intellectual Property rights; (2) increasing the potential for the transfer of technology; and (3) providing widespread notice of technology transfer opportunities. Accordingly, paragraph (c)(1) was revised to add (as a fourth category) early stage and precommercial technology demonstration activities.

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