IB
Union Calendar No. 529
112th CONGRESS
2d Session
H. R. 4118
[Report No. 112–726, Part I]
IN THE HOUSE OF REPRESENTATIVES
March 1, 2012
Mr. Critz (for himself, Ms. Velázquez, Mr. Cicilline, and Ms. Hahn) introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
December 21, 2012
Additional sponsors: Ms. Chu, Mr. Richmond, Mr. Peters, and Ms. Clarke of New York
December 21, 2012
Reported from the Committee on Small Business
December 21, 2012
The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
A BILL
To amend the Small Business Act to provide for increased small business participation in multiple award contracts, and for other purposes.
Short title
This Act may be cited as the Small Business Procurement Improvement Act of 2012
.
Increasing small business participation in multiple award contracts
In general
Section 15(r) of the Small Business Act (15 U.S.C. 644(r)) is amended—
by striking may, at their discretion
and inserting the following: shall, to the maximum extent practicable, include small business concerns in multiple award contracts, as defined in section 3(v) of this Act, including
;
in paragraph (1), by striking set
and inserting setting
;
in paragraph (2)—
by striking set
and inserting setting
; and
by striking and
at the end;
in paragraph (3)—
by striking reserve
and inserting reserving
; and
by striking the period at the end and inserting ; and
; and
by inserting after paragraph (3) the following:
making full use of the set-aside programs established in sections 8(a), 8(m), 31, and 36 of this Act and any other program under this Act that provides for set-asides of contracts for small businesses.
.
Agency outreach
Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following:
Agency outreach program
The Administrator, in consultation with the Administrator of the Office of Federal Procurement Policy and any agency that obtains 5 percent of procurement requirements through a multiple award contract, shall carry out a program to increase the participation of small business concerns in multiple award contracts, as defined in section 3(v) of this Act. Such program shall—
increase awareness among small business concerns regarding multiple award contracts;
provide small business concerns with education and training on Federal agency procedures for the bid and award of multiple award contracting procedures;
assist small business concerns with becoming listed on multiple award contracts, including the Federal Supply Schedules of the General Services Administration; and
develop measures to track small business participation in multiple award contracts, including awards pursuant to those contracts.
.
Definitions
Section 3 of the Small Business Act (15 U.S.C. 632) is amended—
in subsection (v)—
in paragraph (1), by striking and
at the end; and
by redesignating paragraph (2) as paragraph (5), and inserting after paragraph (1) the following:
a contract under the Federal Supply Schedule program of the General Services Administration;
a multi-agency contract which is a contract, or a task order or delivery order awarded pursuant to such a contract, established by one agency for use by Government agencies to obtain supplies, services, or both, in accordance with section 1535 of title 31, United States Code;
a Government-wide acquisition contract which is a contract, task order contract, or delivery order contract for information technology established by one agency for Government-wide use pursuant to section 11302(e) of title 40, United States Code; and
; and
by adding at the end the following:
Blanket purchase agreement
In this Act, the term blanket purchase agreement has the meaning given such term in sections 13.303–01 and 13.303–2 of title 48, Code of Federal Regulations (as in effect on October 1, 2011).
Basic ordering agreement
In this Act, the term basic ordering agreement has the meaning given such term in section 16.703 of title 48, Code of Federal Regulations (as in effect on October 1, 2011).
.
Ensuring Small Business Participation in Multiple Award Contracts, Multi-Agency Contracts, and Government-Wide Acquisition Contracts
Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended—
by striking (g)(1) The President shall
and inserting (g)(1)(A) The President shall
; and
by inserting after paragraph (1) the following:
The President shall annually establish Government-wide goals for the total dollar value of all task orders and delivery orders placed against multiple award contracts, blanket purchase agreements, and basic ordering agreements awarded to small business concerns, small business concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.
.
Improvements to the Small Business Reserve
Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended—
by striking $100,000
each place it appears and inserting $200,000
; and
by adding at the end the following:
Multiple Award Contract Applicability
This subsection applies to all task or delivery orders placed against multiple award contracts, including any contract under the Federal Supply Schedule program of the General Services Administration.
The Administrator, in consultation with the Administrator of General Services Administration, shall within 120 days of the date of enactment of this Act, issue regulations regarding—
how the Administrator of the General Services Administration will ensure that the correct size standard is applied to each task order;
how the Administrator of the General Services Administration will ensure that the non-manufacturer rule and limitation on subcontracting provisions are implemented at the task order level; and
how the Administrator of the General Services Administration will ensure that its electronic ordering systems display the correct size information for small business concerns seeking the set aside of a task order.
.
Small business representation on the Federal Acquisition Regulatory Council
In general
Section 1302(b)(1) of title 41, United States Code, is amended—
by striking and
at the end of subparagraph (C);
by striking the period at the end of subparagraph (D) and inserting ; and
; and
by adding at the end the following new subparagraph:
the Administrator of the Small Business Administration.
.
Deciding vote
Section 1302 of such title is further amended by adding at the end the following:
Deciding vote
In the case of an equal vote among council membership, the Administrator of the Office of Federal Procurement Policy will have the deciding vote.
.
December 21, 2012
Reported from the Committee on Small Business
December 21, 2012
The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed