S.Amdt. 1762

1. Adds SEC. 1083. CONTRACTING PROGRAMS at the end of subtitle H of title X

   Adds a section

   In S. 1390 · Placed on Calendar Senate

   (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

   Inserted: SEC. 1083. CONTRACTING PROGRAMS.

   Inserted: (a) 8(a) Program.--Section 602(a) of the Business Opportunity Development Reform Act of 1988 (15 U.S.C. 637 note) is amended--

   Inserted: (1) by striking "Section 8(a)(1)(D)" and inserting the following:

   Inserted: "(1) In general.--Except as provided in paragraph (2), section 8(a)(1)(D)"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2) Department of defense contracts.--A contract opportunity for award by or on behalf of the Department of Defense under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) shall be awarded on the basis of competition restricted to eligible Program Participants that are owned and controlled by economically disadvantaged Indian tribes, as defined pursuant to paragraphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and (13)), if--

   Inserted: "(A) there is a reasonable expectation that--

   Inserted: "(i) at least 2 eligible Program Participants that are owned and controlled by economically disadvantaged Indian tribes will submit offers; and

   Inserted: "(ii) the award can be made at a fair market price; and

   Inserted: "(B) the anticipated award price of the contract (including options) will exceed--

   Inserted: "(i) $5,500,000 in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; and

   Inserted: "(ii) $3,500,000 in the case of all other contract opportunities.

   Show 10 more inserted paragraphsShow less

   Inserted: "(3) Discretion for contracting officers in department of defense contracts.--Notwithstanding paragraph (2), for any contracting opportunity for award by or on behalf of the Department of Defense under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), the contracting officer may, in the discretion of the contracting officer, and if the contracting opportunity meets the requirements of such provision, award the contracting opportunity--

   Inserted: "(A) on the basis of a competition conducted in accordance with paragraph (2) of this subsection; or

   Inserted: "(B) on the basis of a competition conducted in accordance with section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)).

   Inserted: "(4) Rules of construction.--

   Inserted: "(A) In general.--Nothing in this subsection shall be construed to limit the authority of a department or agency of the United States to award a contract opportunity offered for award that is above the thresholds identified in section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) on the basis of competition conducted in accordance with section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)).

   Inserted: "(B) Amount of thresholds.--The amount of the dollar thresholds under paragraph (2)(B) shall be construed to be the same as the thresholds under section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)), as adjusted in accordance with section 35A of the Office of Federal Procurement Policy Act (41 U.S.C. 431a).".

   Inserted: (b) Contracting Bonus.--Section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) is amended--

   Inserted: (1) by striking "Notwithstanding" and inserting "(a) Except as provided in subsection (b), and notwithstanding"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(b) Subsection (a) shall not apply if the subcontractor or supplier, including the Indian organization or Indian-owned economic enterprise that owns the subcontractor or supplier, is affiliated with the contractor.".

   Original wording

   At the end of subtitle H of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed