I 

116TH CONGRESS 

1ST SESSION H. R. 5146 

To amend the Small Business Act to require contracting officers to take 

a small business concern’s past performance as part of a joint venture 

into account when evaluating the small business concern, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2019 

Mr. HAGEDORN (for himself and Mr. EVANS) introduced the following bill; 

which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to require contracting 

officers to take a small business concern’s past performance as part of a joint venture into account when evaluating the small business concern, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unlocking Opportuni5 ties for Small Businesses Act of 2019’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 5146 IH

1 SEC. 2. PAST PERFORMANCE RATINGS OF JOINT VEN2 TURES FOR SMALL BUSINESS CONCERNS. 

3 (a) IN GENERAL.—Section 15(e) of the Small Busi4 ness Act (15 U.S.C. 644(e)) is amended by adding at the 

5 end the following: 

6 ‘‘(5) PAST PERFORMANCE RATINGS OF JOINT

7 VENTURES FOR SMALL BUSINESS CONCERNS.—With 

8 respect to evaluating an offer for a prime contract 

9 made by a small business concern that previously 

10 participated in a joint venture with another business 

11 concern (whether or not such other business concern 

12 was itself a small business concern), the Adminis13 trator shall establish regulations— 

14 ‘‘(A) requiring contracting officers to con15 sider the record of past performance of the 

16 joint venture when evaluating the past perform17 ance of the small business concern; and 

18 ‘‘(B) requiring the small business concern 

19 to inform the contracting officer what duties 

20 and responsibilities the small business concern 

21 carried out as part of the joint venture.’’. 

22 SEC. 3. PAST PERFORMANCE RATINGS OF FIRST-TIER 

23 SMALL BUSINESS SUBCONTRACTORS. 

24 Section 8(d)(17) of the Small Business Act (15 

25 U.S.C. 637(d)(17)) is amended to read as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 5146 IH

1 ‘‘(17) PAST PERFORMANCE RATINGS FOR CER2 TAIN SMALL BUSINESS SUBCONTRACTORS.— 

3 ‘‘(A) IN GENERAL.—Upon request by a 

4 small business concern that performed as a 

5 first-tier subcontractor on a covered contract 

6 (as defined in paragraph 13(A)) that is submit7 ting an offer for a solicitation, the prime con8 tractor for such covered contract shall submit 

9 to the contracting agency issuing the solicita10 tion or to such small business concern a record 

11 of past performance for such small business 

12 concern with respect to such covered contract. 

13 ‘‘(B) CONSIDERATION.—A contracting offi14 cer shall consider the record of past perform15 ance of a small business concern provided under 

16 subparagraph (A) when evaluating an offer for 

17 a prime contract made by such small business 

18 concern.’’. 

19 SEC. 4. RULEMAKING. 

20 (a) SBA RULES.—Not later than the end of the 120- 

21 day period beginning on the date of enactment of this Act, 

22 the Administrator of the Small Business Administration 

23 shall issue rules to carry out this Act and the amendments 

24 made by this Act. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 5146 IH

1 (b) FEDERAL ACQUISITION REGULATION.—Not later 

2 than the end of the 120-day period beginning on the date 

3 that rules are issued under paragraph (1), the Federal Ac4 quisition Regulation shall be revised to reflect such rules. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS