H.R. 767 — FLASH Act of 2025

This section amends HHS advanced research and development authority for medical countermeasures (i.e., Section 319L of the Public Health Service Act) as follows: (1) expands permissible design and development activities to include obtaining sufficient quantities of tests and prototypes for evaluation and animal models for such testing; (2) authorizes follow-on production contracts or transactions to participants in prototype transactions without competitive procedures (notwithstanding prior requirements), including for all prototype subprojects; (3) authorizes noncompetitive procurement of medical countermeasures, supplies, equipment, and related items necessary for experimental or test purposes in developing public health and health security supplies; and (4) authorizes acquisition of innovative commercial products and services (i.e., new technologies, processes, methods, or novel federal applications thereof) through general solicitation competitive procedures treated as competitive under federal procurement law, limited to fixed-price contracts, prohibiting those exceeding $100 million without a written efficacy determination, and requiring congressional notification within 45 days for awards over $100 million (including contract description, capability addressed, amount, and contractor).