S.Amdt. 2281
What it does: Adds SEC. 1082. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS TO EARLY-STAGE SMALL BUSINESS CONCERNS at the end of subtitle H of title XWhat it changes
1 change to S. 1197 · shown in the bill's text
Adds SEC. 1082. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS TO EARLY-STAGE SMALL BUSINESS CONCERNS at the end of subtitle H of title X
Adds a sectionIn S. 1197 · Placed on Calendar Senate
(e) Date for Submittal of Comptroller General of the United States Report.--Subsection (d) of such section is amended by striking "December 30, 2013" and inserting "December 31, 2014".
Inserted: SEC. 1082. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS TO EARLY-STAGE SMALL BUSINESS CONCERNS.
Inserted: (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following:
Inserted: "SEC. 48. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS TO EARLY-STAGE SMALL BUSINESS CONCERNS.
Inserted: "(a) Definitions.--In this section--
Inserted: "(1) the term 'early-stage small business concern' means a small business concern--
Inserted: "(A) that has not more than 15 employees;
Inserted: "(B) that--
Inserted: "(i) has average annual receipts that total not more than $1,000,000; or
Inserted: "(ii) is in an industry with a size standard of less than $1,000,000 in average annual receipts; and
Inserted: "(C) that is certified as an early-stage small business concern--
Inserted: "(i) by the Administrator; or
Inserted: "(ii) by a Federal agency, State government, or national certifying entity approved by the Administrator to certify that the small business concern is an early-stage small business concern;
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Inserted: "(2) the term 'Federal procurement contract' means a contract with a Federal agency for the procurement of goods or services; and
Inserted: "(3) the term 'program' means the program established under subsection (b).
Inserted: "(b) Establishment.--The Administrator shall establish and carry out a program to provide improved access to Federal procurement contract opportunities for early-stage small business concerns in accordance with this section.
Inserted: "(c) Procurement Contracts.--
Inserted: "(1) In general.--In carrying out the program, the Administrator shall, in consultation with other Federal agencies, identify Federal procurement contracts of not less than $3,000 and not more than $50,000 to be awarded to early-stage small business concerns under the program.
Inserted: "(2) Contract awards.--A Federal agency may award a contract identified under paragraph (1) to an early-stage small business concern selected, and determined to be responsible, by the Federal agency.
Inserted: "(3) Competition.--
Inserted: "(A) Sole source.--A contracting officer may award a sole source contract to an early-stage small business concern under the program if--
Inserted: "(i) the contracting officer determines that the early-stage small business concern is a responsible contractor with respect to performance of the contract;
Inserted: "(ii) the contracting officer does not have a reasonable expectation that 2 or more early-stage small business concerns will submit offers for the contract; and
Inserted: "(iii) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
Inserted: "(B) Restricted competition.--A contracting officer may award a contract under the program on the basis of competition restricted to early-stage small business concerns if the contracting officer has a reasonable expectation that--
Inserted: "(i) 2 or more early-stage small business concerns will submit offers for the contract; and
Inserted: "(ii) the contract award can be made at a fair and reasonable price.
Inserted: "(4) Contract value.--A contract awarded under the program shall have a value greater than $3,000 and less than $50,000.
Inserted: "(d) Technical Assistance.--The Administrator shall provide early-stage small business concerns with technical assistance and counseling regarding--
Inserted: "(1) applying and competing for Federal procurement contracts; and
Inserted: "(2) fulfilling administrative responsibilities associated with the performance of a Federal procurement contract.
Inserted: "(e) Attainment of Contract Goals.--Contract awards made under the program shall count toward the attainment of the goals established under section 15(g).
Inserted: "(f) Regulations.--The Administrator shall--
Inserted: "(1) not later than 180 days after the date of enactment of this section, propose regulations to carry out this section; and
Inserted: "(2) not later than 270 days after the date of enactment of this section, issue final regulations to carry out this section.
Inserted: "(g) Report to Congress.--Not later than April 30, 2015, the Administrator shall submit to Congress a report on the performance of the program.".
Inserted: (b) Repeal of Similar Program.--Section 304 of the Small Business Administration Reauthorization and Amendments Act of 1994 (15 U.S.C. 644 note) is repealed.
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
SA 2281. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1082. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS TO EARLY-STAGE SMALL BUSINESS CONCERNS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following:
“SEC. 48. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS TO EARLY-STAGE SMALL BUSINESS CONCERNS.
“(a) Definitions.--In this section--
“(1) the term ‘early-stage small business concern' means a small business concern--
“(A) that has not more than 15 employees;
“(B) that--
“(i) has average annual receipts that total not more than $1,000,000; or
“(ii) is in an industry with a size standard of less than $1,000,000 in average annual receipts; and
“(C) that is certified as an early-stage small business concern--
“(i) by the Administrator; or
“(ii) by a Federal agency, State government, or national certifying entity approved by the Administrator to certify that the small business concern is an early-stage small business concern;
“(2) the term ‘Federal procurement contract' means a contract with a Federal agency for the procurement of goods or services; and
“(3) the term ‘program' means the program established under subsection (b).
“(b) Establishment.--The Administrator shall establish and carry out a program to provide improved access to Federal procurement contract opportunities for early-stage small business concerns in accordance with this section.
“(c) Procurement Contracts.--
“(1) In general.--In carrying out the program, the Administrator shall, in consultation with other Federal agencies, identify Federal procurement contracts of not less than $3,000 and not more than $50,000 to be awarded to early-stage small business concerns under the program.
“(2) Contract awards.--A Federal agency may award a contract identified under paragraph (1) to an early-stage small business concern selected, and determined to be responsible, by the Federal agency.
“(3) Competition.--
“(A) Sole source.--A contracting officer may award a sole source contract to an early-stage small business concern under the program if--
“(i) the contracting officer determines that the early-stage small business concern is a responsible contractor with respect to performance of the contract;
“(ii) the contracting officer does not have a reasonable expectation that 2 or more early-stage small business concerns will submit offers for the contract; and
“(iii) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
“(B) Restricted competition.--A contracting officer may award a contract under the program on the basis of competition restricted to early-stage small business concerns if the contracting officer has a reasonable expectation that--
“(i) 2 or more early-stage small business concerns will submit offers for the contract; and
“(ii) the contract award can be made at a fair and reasonable price.
“(4) Contract value.--A contract awarded under the program shall have a value greater than $3,000 and less than $50,000.
“(d) Technical Assistance.--The Administrator shall provide early-stage small business concerns with technical assistance and counseling regarding--
“(1) applying and competing for Federal procurement contracts; and
“(2) fulfilling administrative responsibilities associated with the performance of a Federal procurement contract.
“(e) Attainment of Contract Goals.--Contract awards made under the program shall count toward the attainment of the goals established under section 15(g).
“(f) Regulations.--The Administrator shall--
“(1) not later than 180 days after the date of enactment of this section, propose regulations to carry out this section; and
“(2) not later than 270 days after the date of enactment of this section, issue final regulations to carry out this section.
“(g) Report to Congress.--Not later than April 30, 2015, the Administrator shall submit to Congress a report on the performance of the program.”.
(b) Repeal of Similar Program.--Section 304 of the Small Business Administration Reauthorization and Amendments Act of 1994 (15 U.S.C. 644 note) is repealed.
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Senate amendment submitted
November 19, 2013