S.Amdt. 2443

SA 2443. Mr. CARDIN (for himself, Ms. Murkowski, Mr. Sullivan, and
Ms. Hirono) submitted an amendment intended to be proposed to amendment
SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr.
Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in division I, insert the
following:

SEC. 90___. SMALL BUSINESS CONTRACTING.

(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``covered procurement'' means a procurement
that the Administrator determines--
(A) is in a quantity or of an estimated dollar value which
makes the participation of a small business concern as a
prime contractor unlikely;
(B) in the case of a procurement for construction, seeks to
bundle or consolidate discrete construction projects; or
(C) is a solicitation that consolidates procurement
requirements for goods or services, 1 or more of which were
previously provided or performed by a small business concern
for any Federal agency, into a solicitation of offers for a
single contract, agreement, or order that is likely to be
unsuitable for award to a small business concern; and
(3) the terms ``Federal agency'' and ``small business
concern'' have the meanings given

[[Page S5779]]

those terms in section 3 of the Small Business Act (15 U.S.C.
632); and
(4) the term ``procurement center representative'' means--
(A) a procurement center representative as described in
section 15(l) of the Small Business Act (15 U.S.C. 644(l));
or
(B) if a procurement center representative described in
subparagraph (A) is not assigned to the procuring activity,
the Office of Government Contracting of the Administration
serving the area of the procuring activity.
(b) Expanding Surety Bond Program.--Section 411(a)(1) of
the Small Business Investment Act of 1958 (15 U.S.C.
694b(a)(1)) is amended--
(1) in subparagraph (A), by striking ``$6,500,000'' and
inserting ``$10,000,000''; and
(2) by amending subparagraph (B) to read as follows:
``(B) The Administrator may guarantee a surety under
subparagraph (A) for a total work order or contract entered
into by a Federal agency in an amount that does not exceed
$20,000,000.''.
(c) Large and Small Prime Contract Opportunities.--
(1) Notice to procurement center representatives.--Not
later than 30 days before issuing a solicitation for a
proposed covered procurement, and concurrent with other
processing steps required before issuing the solicitation, a
Federal agency shall provide to the procurement center
representative of the Federal agency the following:
(A) A copy of the proposed covered procurement.
(B) A statement explaining, as applicable to the proposed
covered procurement:
(i) Why the proposed covered procurement cannot be divided
into smaller quantities, lots, or tasks to permit offers on
less than the total requirement.
(ii) Why delivery schedules cannot be established on a
realistic basis that will encourage the participation of
small business concerns in a manner consistent with the
actual requirements of the Federal agency.
(iii) Why the proposed covered procurement cannot be
offered to increase the likelihood of the participation of
small business concerns.
(iv) In the case of a proposed covered procurement for
construction, why the proposed covered procurement cannot be
offered as separate, discrete projects.
(v) Why the Federal agency has determined that
consolidating contract requirements is necessary and
justified.
(2) Alternatives to increase prime contracting
opportunities for small business concerns.--Not later than 15
days after the date on which a procurement center
representative receives a statement described in paragraph
(1)(B) with respect to a proposed covered procurement, and if
the procurement center representative determines that the
proposed covered procurement will make the participation of
small business concerns as prime contractors unlikely, the
procurement center representative shall recommend to the
Federal agency 1 or more alternative procurement methods for
increasing prime contracting opportunities for small business
concerns.
(3) Failure to agree on an alternative procurement
method.--
(A) In general.--If a procurement center representative
proposes 1 or more alternative procurement methods to a
Federal agency under paragraph (2) and the procurement center
representative and the Federal agency are unable to agree on
an alternative procurement method, the Administrator shall
submit the matter to the head of the appropriate Federal
agency, who shall adopt the recommended alternative
procurement method proposed by the Administrator unless such
head issues a determination that the benefit of the proposed
covered procurement as compared to the alternative
procurement method exceeds the harm to small business
concerns.
(B) Nondelegable.--The duties and authorities of the head
of a Federal agency under subparagraph (A) may not be
delegated.
(d) Contract Cap Amounts and Sole Source Award Authority.--
(1) Qualified hubzone small business concerns.--Section
31(c)(2)(A) of the Small Business Act (15 U.S.C.
657a(c)(2)(A)) is amended to read as follows:
``(A) Sole source contracts.--A contracting officer may
award a sole source contract under this section to any
qualified HUBZone small business concern if--
``(i) the qualified HUBZone small business concern is
determined to be a responsible contractor with respect to
performance of the contract opportunity;
``(ii) the contracting officer does not have a reasonable
expectation that 2 or more qualified HUBZone small business
concerns will submit offers for the contracting opportunity;
``(iii) the anticipated award price of the contract
(including options and options periods) will not exceed--

``(I) $10,000,000 in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(II) $8,000,000 in the case of any other contract
opportunity; and

``(iv) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.''.
(2) Small business concern owned and controlled by service-
disabled veterans.--Section 36(c) of the Small Business Act
(15 U.S.C. 657f(c)) is amended to read as follows:
``(c) Sole Source Contracts.--A contracting officer may
award a sole source contract under this section to any small
business concern owned and controlled by service-disabled
veterans if--
``(1) the concern is determined to be a responsible
contractor with respect to performance of the contract
opportunity;
``(2) the contracting officer does not have a reasonable
expectation that 2 or more small business concerns owned and
controlled by service-disabled veterans will submit offers
for the contracting opportunity;
``(3) the anticipated award price of the contract
(including options and options periods) will not exceed--
``(A) $10,000,000, in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(B) $8,000,000, in the case of any other contract
opportunity; and
``(4) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.''.
(3) Certain small business concerns owned and controlled by
women.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended--
(A) by amending paragraph (7) to read as follows:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women.--A contracting officer may award a sole source
contract under this subsection to any small business concern
owned and controlled by women described in paragraph (2)(A)
and certified under paragraph (2)(E) if--
``(A) the concern is determined to be a responsible
contractor with respect to performance of the contract
opportunity;
``(B) the contracting officer does not have a reasonable
expectation that 2 or more small business concerns owned and
controlled by women described in paragraph (2)(A) will submit
offers for the contracting opportunity;
``(C) the anticipated award price of the contract
(including options and options periods) will not exceed--
``(i) $10,000,000, in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(ii) $8,000,000, in the case of all other contract
opportunities; and
``(D) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.'';
and
(B) by amending paragraph (8) to read as follows:
``(8) Authority for sole source contracts for small
business concerns owned and controlled by women in
substantially underrepresented industries.--A contracting
officer may award a sole source contract under this
subsection to any small business concern owned and controlled
by women certified under paragraph (2)(E) that is in an
industry in which small business concerns owned and
controlled by women are substantially underrepresented (as
determined by the Administrator under paragraph (3)) if--
``(A) the concern is determined to be a responsible
contractor with respect to performance of the contract
opportunity;
``(B) the contracting officer does not have a reasonable
expectation that 2 or more small business concerns owned and
controlled by women that are certified under paragraph (2)(E)
and are in an industry that has received a waiver under
paragraph (3) will submit offers for the contract
opportunity;
``(C) the anticipated award price of the contract
(including options and options periods) will not exceed--
``(i) $10,000,000, in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(ii) $8,000,000, in the case of any other contract
opportunity; and
``(D) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.''.
(4) 8(a) contracts.--Section 8(a)(1)(D)(i) of the Small
Business Act (15 U.S.C. 637(a)(1)(D)(i)) is amended by
striking subclause (II) and inserting the following:
``(II) the anticipated award price of the contract
(including options and options periods) will exceed--
``(aa) $10,000,000 in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(bb) $8,000,000 in the case of any other contract
opportunity.''.
(e) Governmentwide Contracting Goals.--Section 15(g)(1)(A)
of the Small Business Act (15 U.S.C. 644(g)(1)(A)) is
amended--
(1) in clause (i), by striking ``23 percent'' and inserting
``25 percent'';
(2) in clause (ii), by striking ``3 percent'' and inserting
``5 percent'';
(3) in clause (iii), by striking ``3 percent'' and
inserting ``4 percent'';
(4) in clause (iv), by striking ``at not less than'' and
all that follows and inserting the following: ``at not less
than--

``(I) 11 percent of the total value of all prime contract
and subcontract awards for fiscal year 2022;
``(II) 12 percent of the total value of all prime contract
and subcontract awards for fiscal year 2023;

[[Page S5780]]

``(III) 13 percent of the total value of all prime contract
and subcontract awards for fiscal year 2024;
``(IV) 15 percent of the total value of all prime contract
and subcontract awards for fiscal year 2025 and each fiscal
year thereafter.''; and

(5) in clause (v), by striking ``at not less than'' and all
that follows and inserting the following: ``at not less
than--

``(I) 6 percent of the total value of all prime contract
and subcontract awards for each of fiscal years 2022 and
2023; and
``(II) 7 percent of the total value of all prime contract
and subcontract awards for fiscal year 2024 and each fiscal
year thereafter.''.

(f) Repeal of Bona Fide Office Rule.--
(1) In general.--Section 8(a) of the Small Business Act (15
U.S.C. 637(a)) is amended by striking paragraph (11).
(2) Conforming amendments.--The Small Business Act (15
U.S.C. 631 et seq.) is amended--
(A) in section 8(a) (15 U.S.C. 637(a))--
(i) in paragraph (9)(B)(iv), by striking ``paragraph
(21)(B)'' and inserting ``paragraph (20)(B)''; and
(ii) by redesignating paragraphs (12) through (21) as
paragraphs (11) through (20), respectively;
(B) in section 15(h)(2)(E)(v) (15 U.S.C. 644(h)(2)(E)(v)),
in the matter preceding subclause (I), by striking ``section
8(a)(13)'' and inserting ``section 8(a)(12)''; and
(C) in section 31(b)(2)(D)(i) (15 U.S.C. 657a(b)(2)(D)(i)),
by striking ``section 8(a)(15)'' and inserting ``section
8(a)(14)''.
(g) 8(a) Waivers.--Section 8(a)(20) of the Small Business
Act (15 U.S.C. 637(a)(20)), as redesignated subsection (f)(2)
of this section, is amended--
(1) in subparagraph (A), in the first sentence, by striking
``subparagraph (B)'' and inserting ``subparagraphs (B) and
(F)'';
(2) in subparagraph (B)--
(A) by striking clause (iii); and
(B) by redesignating clauses (iv) and (v) as clauses (iii)
and (iv), respectively;
(3) by striking subparagraph (C) and inserting the
following:
``(C) The Administrator may waive the requirements of
subparagraph (A) if, in the case of clauses (i), (ii), and
(iii) of subparagraph (B), the Administrator is requested to
do so prior to the actual relinquishment of ownership or
control.''; and
(4) by adding at the end the following:
``(F) If a contract or ownership and control of the concern
that initially received a contract awarded pursuant to this
subsection passes to another small business concern that is
an eligible Program Participant, the requirements of
subparagraph (A), including the termination described in the
second sentence of that subparagraph, shall not apply.''.
(h) Interim Rules.--Not later than 90 days after the date
of enactment of this Act, the Administrator may issue rules,
including interim final rules, as necessary to carry out this
section and the amendments made by this section.
______