S.Amdt. 1541

1. Adds SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS on page 237, line 17

   Adds a sectionPrinted page

   Inserted: SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.

   Inserted: (a) Findings and Reaffirmations of Congressional Policy.--

   Inserted: (1) Findings.--Congress finds that--

   Inserted: (A) multiple-award contracts have increased administrative efficiency in Government procurement;

   Inserted: (B) at the same time, small businesses and firms new to Government contracting have experienced problems with transparency and fairness in gaining access to multiple-award contracts;

   Inserted: (C) data presented before the Acquisition Advisory Panel for the Office of Federal Procurement Policy indicates that the small business share of sales under the Federal Supply Schedules amounts to less than half of the small business share of Federal Supply Schedule contracts;

   Inserted: (D) Federal contracting officials incorrectly persist in limiting competition under the Federal Supply Schedule acquisitions to no more than 3 bidders; and

   Inserted: (E) the small business reservation and greater notice requirements will promote greater and fairer access to multiple-award contracts.

   Inserted: (2) Congressional policy.--

   Inserted: (A) In general.--Congress reaffirms its policy stated in section 15(j) of the Small Business Act (15 U.S.C. 644(j)), to provide a small business reservation for all contracts below the simplified acquisition threshold, specifically including Federal Supply Schedule contracts and multi-agency contracts.

   Inserted: (B) Multiple-award contracts.--Congress favors increasing competition in the use of multiple-award contracts by civilian agencies, as was previously increased for defense agencies in section 803 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2304 note).

   Inserted: (b) Small Business Participation Assurances.--Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended--

   Show 22 more inserted paragraphsShow less

   Inserted: (1) in paragraph (2), by striking "(2) In carrying out paragraph (1)" and inserting the following:

   Inserted: "(3) In carrying out paragraphs (1) and (2)";

   Inserted: (2) in paragraph (3), by striking "(3) Nothing in paragraph (1)" and inserting:

   Inserted: "(4) Nothing in this subsection"; and

   Inserted: (3) by inserting after paragraph (1) the following:

   Inserted: "(2)(A) In the case of orders under multiple-award contracts, including Federal Supply Schedule contracts and multi-agency contracts, contracting officers shall consider not fewer than 2 small business concerns, if such small business concerns can offer the items sought by the contracting officer on terms that are competitive with respect to price, quality, and delivery schedule with the goods or services otherwise available in the market.

   Inserted: "(B) If only 1 small business concern can satisfy the requirement, the contracting officer shall consider such small business concern in awarding the contract.".

   Inserted: (c) Competition Requirement for Purchase of Services Pursuant to Multiple-Award Contracts.--Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be amended to promote competition in multiple-award contracts by civilian agencies on the same terms as are applicable to the Department of Defense and defense agencies pursuant to section 803 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2304 note).

   Inserted: (d) Report Requirement.--

   Inserted: (1) In general.--Not less frequently than once every 180 days, the Administrator of the Small Business Administration shall submit a report on the level of participation of small business concerns in multiple-award contracts, including Federal Supply Schedule contracts, to--

   Inserted: (A) the Administrator, Office for Federal Procurement Policy;

   Inserted: (B) the Committee on Small Business and Entrepreneurship of the Senate; and

   Inserted: (C) the Committee on Small Business of the House of Representatives.

   Inserted: (2) Contents.--Each report submitted under paragraph (1) shall contain, for the 6-month reporting period--

   Inserted: (A) the total number of multiple-award contracts;

   Inserted: (B) the total number of small business concerns that received multiple-award contracts;

   Inserted: (C) the total number of orders;

   Inserted: (D) the total value of orders;

   Inserted: (E) the number of orders received by small business concerns;

   Inserted: (F) the value of orders received by small business concerns;

   Inserted: (G) the number of small business concerns that received orders; and

   Inserted: (H) such other information that may be relevant.

   Original wording

   On page 237, after line 17, insert the following:

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As printed