IB 

Union Calendar No. 286 

116TH CONGRESS 

1ST SESSION H. R. 5146 

[Report No. 116–361] 

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 

DECEMBER 19, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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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. 

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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’’. 

6 SEC. 2. PAST PERFORMANCE RATINGS OF JOINT VEN7 TURES FOR SMALL BUSINESS CONCERNS. 

8 (a) IN GENERAL.—Section 15(e) of the Small Busi9 ness Act (15 U.S.C. 644(e)) is amended by adding at the 

10 end the following: 

11 ‘‘(5) PAST PERFORMANCE RATINGS OF JOINT

12 VENTURES FOR SMALL BUSINESS CONCERNS.—With 

13 respect to evaluating an offer for a prime contract 

14 made by a small business concern that previously 

15 participated in a joint venture with another business 

16 concern (whether or not such other business concern 

17 was itself a small business concern), the Adminis18 trator shall establish regulations— 

19 ‘‘(A) requiring contracting officers to con20 sider the record of past performance of the 

21 joint venture when evaluating the past perform22 ance of the small business concern; and 

23 ‘‘(B) requiring the small business concern 

24 to inform the contracting officer what duties 

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1 and responsibilities the small business concern 

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

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

4 SMALL BUSINESS SUBCONTRACTORS. 

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

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

7 ‘‘(17) PAST PERFORMANCE RATINGS FOR CER8 TAIN SMALL BUSINESS SUBCONTRACTORS.— 

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

10 small business concern that performed as a 

11 first-tier subcontractor on a covered contract 

12 (as defined in paragraph 13(A)) that is submit13 ting an offer for a solicitation, the prime con14 tractor for such covered contract shall submit 

15 to the contracting agency issuing the solicita16 tion or to such small business concern a record 

17 of past performance for such small business 

18 concern with respect to such covered contract. 

19 ‘‘(B) CONSIDERATION.—A contracting offi20 cer shall consider the record of past perform21 ance of a small business concern provided under 

22 subparagraph (A) when evaluating an offer for 

23 a prime contract made by such small business 

24 concern.’’. 

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1 SEC. 4. RULEMAKING. 

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

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

4 the Administrator of the Small Business Administration 

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

6 made by this Act. 

7 (b) FEDERAL ACQUISITION REGULATION.—Not later 

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

9 that rules are issued under paragraph (1), the Federal Ac10 quisition Regulation shall be revised to reflect such rules. 

Union Calendar No. 286 

116TH CONGRESS 

1ST SESSION H. R. 5146 

[Report No. 116–361] 

A BILL 

To amend the Small Business Act to require conness concern, and for other purposes. ture into account when evaluating the small busi- cern’s past performance as part of a joint ven- tracting officers to take a small business conDECEMBER 19, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed