H.R. 6369 – Expanding Contracting Opportunities for Small Businesses Act of 2018

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Updated April 15, 2026 at 11:09 PM UTC

The Expanding Contracting Opportunities for Small Businesses Act of 2018 changes the Small Business Act to make it easier for certain small businesses—HUBZone firms, service‑disabled veteran‑owned firms, and women‑owned firms—to receive sole‑source federal contracts. It raises the maximum contract values for these awards, removes the practice of counting future option years in the award price, and sets up new SBA certification programs and oversight reporting.

Key Provisions

Allows sole‑source contracts for qualified HUBZone small businesses when the expected price is up to $7 million for manufacturing contracts or $4 million for other contracts.
Allows sole‑source contracts for service‑disabled veteran‑owned small businesses with the same $7 million/$4 million limits, and requires SBA certification of eligibility before award.
Allows sole‑source contracts for women‑owned small businesses (including those in under‑represented industries) with the same price limits, also requiring SBA certification.
Eliminates the inclusion of option years in the award price calculation for all small‑business contracts.
Requires the SBA to create certification programs for women‑owned and veteran‑owned firms and to notify the House and Senate Small Business Committees when these programs are in place.
Mandates a GAO study and report on how agencies classify and award these sole‑source contracts, with follow‑up actions by the SBA.

Legislative Activity

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14 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

Small Business and Entrepreneurship Committee

September 26, 2018

View full timeline

HouseIntro Referral

Introduced in House

July 13, 2018

HouseIntro Referral

Referred to the House Committee on Small Business.

Small Business Committee

July 13, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

Small Business Committee

July 18, 2018

HouseCommittee

Ordered to be Reported (Amended).

Small Business Committee

July 18, 2018

HouseCommittee

Reported (Amended) by the Committee on Small Business. H. Rept. 115-943.

Small Business Committee

September 12, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 734.

September 12, 2018

HouseFloor

Mr. Chabot moved to suspend the rules and pass the bill, as amended.

September 25, 2018 • 5:45 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8810-8812)

September 25, 2018 • 5:45 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6369.

September 25, 2018 • 5:45 PM

HouseFloor

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Chabot objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.

September 25, 2018 • 5:52 PM

HouseFloor

Considered as unfinished business. (consideration: CR H8821)

September 25, 2018 • 7:00 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 401).(text: CR H8810-8811)

View vote Passed

September 25, 2018 • 7:12 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 401). (text: CR H8810-8811)

View vote Passed

September 25, 2018 • 7:12 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 25, 2018 • 7:12 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

Small Business and Entrepreneurship Committee

September 26, 2018

Voting History

1 vote recorded • Roll call available

HOUSE

Roll Call Available

September 25, 2018 at 7:11 PM

On Motion to Suspend the Rules and Pass, as Amended

Majority required: 2/3 (66.7%)

Passed

392 - 5

Floor Debate

5 members

What members said about H.R. 6369 on the floor

4 Republicans1 Democrat

Rep. Steve ChabotR-OH-1 · Sep 25, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6369) to amend the Small Business Act to eliminate the inclusion of option years in the award price for sole source contracts, and for…

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6369) to amend the Small Business Act to eliminate the inclusion of option years in the award price for sole source contracts, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I would like to thank Dr. Marshall and Mr. Schneider for their leadership on this bill.

The Small Business Act currently allows Federal agencies to award sole-source contracts to women-owned; service-disabled veteran-owned; HUBZone; and socially and economically disadvantaged small businesses. However, these awards can only be made in the narrowest of circumstances, rightly protecting the ability of small businesses to compete against each other.

Even though Federal contracting officers have this procurement tool in their toolbox, the reality is that small business sole-source contracting is rare and may be underutilized. This can, in part, be attributed to the fact that the maximum dollar threshold for Federal sole-source contracts designated in statute has fallen far behind the typical size of contract awards made today.

As contracts increase in size and scope, the usefulness of small business sole-source contracts diminishes, to the detriment of small contractors eligible to receive such awards.

H.R. 6369, as amended, adjusts the dollar threshold to actually reflect the size of contracts that are commonly used across the government today. This modest change will provide agencies with an accessible pathway to achieving their small business goals in categories they have historically been unable to meet.

Additionally, and importantly, this bill institutes a new oversight process which will help reduce the chances of sole-source awards being made to ineligible firms by requiring positive confirmation by the Small Business Administration that this small business is, in fact, eligible to receive the award before it is issued by the Federal agency.

I urge my colleagues to support H.R. 6369, as amended, and I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from Kansas (Mr. Marshall), the leader on this particular legislation.

Mr. Speaker, I yield myself such time as I may consume to close.

Mr. Speaker, this bill provides greater opportunities for women- owned, service-disabled veteran-owned, HUBZone, and socially and economically disadvantaged small businesses.

Additionally, it will help Federal agencies achieve and exceed their small business goals. It reinforces oversight, and gives Federal agencies a greater motivation to work with small firms.

Therefore, I urge my colleagues to support the bipartisan and commonsense reforms in H.R. 6369, as amended.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Rep. Roger MarshallR-KS-1 · Sep 25, 2018

Mr. Speaker, I rise today to urge my colleagues to support H.R. 6369, the Expanding Contracting Opportunities for Small Business Act of 2018. Not only will this bill provide opportunities for…

Rep. Nydia M. VelázquezD-NY-7 · Sep 25, 2018

Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 6369, the Expanding Contracting Opportunities for Small Businesses Act of 2018. The Small Business Act sets forth a…

Rep. Steve KingR-IA-4 · Sep 28, 2018

Mr. Speaker, on September 25, 2018, I voted against H.R. 6369, the Expanding Contracting Opportunities for Small Business Act of 2018, as amended (Roll Call No. 401). H.R. 6369 was brought to the…

Rep. Bill HuizengaR-MI-2 · Sep 25, 2018

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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Referred in SenateIssued September 26, 2018

IIB

115th CONGRESS

2d Session

H. R. 6369

IN THE SENATE OF THE UNITED STATES

September 26, 2018

Received; read twice and referred to the Committee on Small Business and Entrepreneurship

AN ACT

To amend the Small Business Act to eliminate the inclusion of option years in the award price for sole source contracts, and for other purposes.

1.

Short title

This Act may be cited as the Expanding Contracting Opportunities for Small Businesses Act of 2018.

2.

Amendments to contracting authority for certain small business concerns

(a)

Qualified HUBZone small business concerns

Subparagraph (A) of section 31(b)(2) of the Small Business Act (15 U.S.C. 657a(b)(2)) is amended to read as follows:

(A)

Sole source contracts

A contracting officer may award sole source contracts 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 such contract opportunity;

(ii)

the contracting officer does not have a reasonable expectation that two or more qualified HUBZone small business concerns will submit offers for the contracting opportunity;

(iii)

the anticipated award price of the contract will not exceed—

(I)

$7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

(II)

$4,000,000, in the case of all other contract opportunities; and

(iv)

in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.

.

(b)

Small business concern owned and controlled by service-Disabled veterans

Subsection (a) of section 36 of the Small Business Act (15 U.S.C. 657f) is amended to read as follows:

(a)

Sole Source Contracts

In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if—

(1)

such concern is determined to be a responsible contractor with respect to performance of such contract opportunity;

(2)

the contracting officer does not have a reasonable expectation that two 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 will not exceed—

(A)

$7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

(B)

$4,000,000, in the case of any other contract opportunity;

(4)

in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;

(5)

the contracting officer has notified the Administration of the intent to make such award and requested that the Administration determine the concern’s eligibility for award; and

(6)

the Administration has determined that such concern is eligible for award.

.

(c)

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—

(1)

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)

such 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 two or more businesses described in paragraph (2)(A) will submit offers;

(C)

the anticipated award price of the contract will not exceed—

(i)

$7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

(ii)

$4,000,000, in the case of any other contract opportunity;

(D)

in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;

(E)

the contracting officer has notified the Administration of the intent to make such award and requested that the Administration determine the concern’s eligibility for award; and

(F)

the Administration has determined that such concern is eligible for award.

; and

(2)

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)

such 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 two or more businesses in an industry that has received a waiver under paragraph (3) will submit offers;

(C)

the anticipated award price of the contract will not exceed—

(i)

$7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

(ii)

$4,000,000, in the case of any other contract opportunity;

(D)

in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;

(E)

the contracting officer has notified the Administration of the intent to make such award and requested that the Administration determine the concern’s eligibility for award; and

(F)

the Administration has determined that such concern is eligible for award.

.

(d)

Elimination of the inclusion of option years in the award price for contracts

Section 8 of the Small Business Act (15 U.S.C. 637) is amended by striking (including options) each place such term appears.

3.

SBA certification program notification

The Administrator of the Small Business Administration shall notify the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate when the Administrator has implemented each of the following:

(1)

A program to certify small business concerns owned and controlled by women.

(2)

A program to certify small business concerns owned and controlled by service-disabled veterans.

4.

GAO Report

(a)

Study

With respect to the Small Business Administration’s procurement programs for women-owned small business concerns and for small business concerns owned and controlled by service-disabled veterans, the Comptroller General of the United States shall conduct an evaluation of the policies and practices used by the Administration and other Federal agencies to provide assurance that contracting officers are properly classifying sole source awards under those programs in the Federal Procurement Data System and that sole source contracts awarded under those programs are being awarded to eligible concerns.

(b)

Report

No later than 18 months after the Small Business Administration implements the certification programs described under section 3, the Comptroller General shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing the findings made in carrying out the study required under subsection (a).

(c)

SBA consideration of GAO report

(1)

In general

The Administrator of the Small Business Administration shall review the report issued under subsection (b) and take such actions as the Administrator may determine appropriate to address any concerns raised in such report and any recommendations contained in such report.

(2)

Report to Congress

After the review described under paragraph (1), the Administrator shall issue a report to the Congress—

(A)

stating that no additional actions were necessary to address any concerns or recommendations contained in the report; or

(B)

describing the actions taken by the Administrator to resolve such concerns or implement such recommendations.

5.

Removal of eligibility determination upon implementation of certification programs

Effective upon the notification described under section 3, the Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1)

in section 8(m)—

(A)

in paragraph (7)—

(i)

in subparagraph (C), by adding and at the end;

(ii)

in subparagraph (D), by striking the semicolon at the end and inserting a period; and

(iii)

by striking subparagraphs (E) and (F); and

(B)

in paragraph (8)—

(i)

in subparagraph (C), by adding and at the end;

(ii)

in subparagraph (D), by striking the semicolon at the end and inserting a period; and

(iii)

by striking subparagraphs (E) and (F); and

(2)

in section 36(a)—

(A)

in paragraph (3), by adding and at the end;

(B)

in paragraph (4), by striking the semicolon at the end and inserting a period; and

(C)

by striking paragraphs (5) and (6).

Passed the House of Representatives September 25, 2018.

Karen L. Haas,

Clerk.