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119-hr-767119th CongressWALLET

FLASH Act of 2025

Sponsored By: Representative Garcia, Robert [D-CA-42]

Introduced

Summary

Expands BARDA’s authority to speed development and production of medical countermeasures. This bill would let the Biomedical Advanced Research and Development Authority design and secure test quantities and prototypes, award follow-on production to prototype participants, make noncompetitive purchases for experimental or test purposes, and run competitive general solicitations to acquire innovative commercial products and services.

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  • Families and patients could get faster access to tests, protective equipment, and countermeasures because BARDA can obtain prototypes and sufficient evaluation quantities for testing.
  • Manufacturers and innovators could win follow-on production contracts after prototype work without a new competition if the initial selection was competitive. Deals over $100 million require a written HHS determination and a congressional notification within 45 days.
  • BARDA and HHS gain flexible buying tools. The agency may purchase experimental materials noncompetitively, use general solicitations with peer review as competitive procedures, and must use fixed-price contracts under this authority.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

BARDA buys tests and prototypes

If enacted, BARDA would be able to design and develop tests and prototypes and get enough units for evaluation. The bill would let BARDA develop models, including animal models, for testing prototypes. BARDA could purchase medical countermeasures, chemicals, manufacturing supplies, protective gear, parts, and related designs for experimental or test purposes. These purchases could be made by contract or by other transactions and may be done without competitive procedures for experimental use.

HHS fast-track buys for innovators

If enacted, HHS would be able to buy "innovative" commercial products and services after a general solicitation and peer review. Contracts and agreements under this authority would have to be fixed-price, including fixed-price incentive contracts. HHS could not use this authority for awards over $100,000,000 without a written determination the effort meets mission needs. For any award over $100,000,000, HHS would notify specified House and Senate committees within 45 days with details and contractor identity. Prototype transactions could include follow-on production awards to participants, and follow-on awards could sometimes be made without a new competition if initial participants were chosen competitively.

Sponsors & CoSponsors

Sponsor

Garcia, Robert [D-CA-42]

CA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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