Can a Federal Agency or individual be a subcontractor or consultant on an SBIR contract?
No portion of an SBIR award may be subcontracted back to any Federal government agency, including Federally Funded Research and Development Centers (FFRDCs). SBA may issue a case-by-case waiver to this provision after review of the DoD component’s written justification that includes the following information: (a) an explanation of why the SBIR research project requires the use of the Federal facility or personnel, including data that verifies the absence of non-federal facilities or personnel capable of supporting the research effort; (b) why the Agency will not and can not fund the use of the Federal facility or personnel for the SBIR project with non-SBIR money; and (c) the concurrence of the small business concern’s chief business official to use the Federal facility or personnel. Award is contingent on the sponsoring agency obtaining a waiver.
