IB 

Union Calendar No. 528 

112TH CONGRESS 

2D SESSION H. R. 4081 

[Report No. 112–725] 

To amend the Small Business Act to consolidate and revise provisions relating 

to contract bundling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 17, 2012 

Mr. GRAVES of Missouri (for himself and Mr. WEST) introduced the following 

bill; which was referred to the Committee on Small Business 

DECEMBER 21, 2012 

Additional sponsors: Mr. CHABOT, Mr. MULVANEY, Mr. WALSH of Illinois, 

Mr. HANNA, Mr. SCHILLING, Ms. HERRERA BEUTLER, Mrs. ELLMERS, 

and Mr. MCKEON

DECEMBER 21, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 17, 2012] 


tkelley on DSK3SPTVN1PROD with 
2 

•HR 4081 RH

A BILL 

To amend the Small Business Act to consolidate and revise 

provisions relating to contract bundling, and for other 

purposes. 


tkelley on DSK3SPTVN1PROD with 
3 

•HR 4081 RH

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 ‘‘Contractor Opportunity 

5 Protection Act of 2012’’. 

6 SEC. 2. CONSOLIDATION OF PROVISIONS RELATING TO 

7 CONTRACT BUNDLING. 

8 Section 44 of the Small Business Act (15 U.S.C. 657q) 

9 is amended to read as follows: 

10 ‘‘SEC. 44. CONTRACT BUNDLING. 

11 ‘‘(a) DEFINITIONS.—In this Act: 

12 ‘‘(1) BUNDLED CONTRACT.—The term ‘bundled 

13 contract’— 

14 ‘‘(A) means a contract that is entered into 

15 to meet procurement requirements that are com16 bined in a bundling of contract requirements, 

17 without regard to whether a study of the effects 

18 of the solicitation on Federal officers or employ19 ees has been made; and 

20 ‘‘(B) does not include— 

21 ‘‘(i) a contract with an aggregate dol22 lar value below the dollar threshold; or 

23 ‘‘(ii) a single award contract for the 

24 acquisition of a weapons system acquired 

25 through a major defense acquisition. 


tkelley on DSK3SPTVN1PROD with 
4 

•HR 4081 RH

1 ‘‘(2) BUNDLING METHODOLOGY.—The term ‘bun2 dling methodology’ means— 

3 ‘‘(A) a solicitation to obtain offers for a sin4 gle contract or a multiple award contract; 

5 ‘‘(B) a solicitation of offers for the issuance 

6 of a task or a delivery order under an existing 

7 single or multiple award contract; or 

8 ‘‘(C) the creation of any new procurement 

9 requirements that permits a combination of con10 tract requirements, including any combination 

11 of contract requirements or order requirements. 

12 ‘‘(3) BUNDLING OF CONTRACT REQUIREMENTS.— 

13 The term ‘bundling of contract requirements’, with re14 spect to the contract requirements of a Federal agen15 cy— 

16 ‘‘(A) means the use of any bundling meth17 odology to satisfy 2 or more procurement re18 quirements for new or existing goods or services 

19 provided to or performed for the Federal agency, 

20 including any construction services, that is likely 

21 to be unsuitable for award to a small-business 

22 concern due to— 

23 ‘‘(i) the diversity, size, or specialized 

24 nature of the elements of the performance 

25 specified; 


tkelley on DSK3SPTVN1PROD with 
5 

•HR 4081 RH

1 ‘‘(ii) the aggregate dollar value of the 

2 anticipated award; 

3 ‘‘(iii) the geographical dispersion of the 

4 contract performance sites; or 

5 ‘‘(iv) any combination of the factors 

6 described in clauses (i), (ii), and (iii); and 

7 ‘‘(B) does not include the use of a bundling 

8 methodology for an anticipated award with an 

9 aggregate dollar value below the dollar threshold. 

10 ‘‘(4) CHIEF ACQUISITION OFFICER.—The term 

11 ‘Chief Acquisition Officer’ means the employee of a 

12 Federal agency designated as the Chief Acquisition 

13 Officer for the Federal agency under section 16(a) of 

14 the Office of Federal Procurement Policy Act (41 

15 U.S.C. 1702(a)). 

16 ‘‘(5) CONTRACT.—The term ‘contract’ includes, 

17 for purposes of this section, any task order made pur18 suant to an indefinite quantity, indefinite delivery 

19 contract. 

20 ‘‘(6) CONTRACT BUNDLING.—The term ‘contract 

21 bundling’ means the process by which a bundled con22 tract is created. 

23 ‘‘(7) DOLLAR THRESHOLD.—The term ‘dollar 

24 threshold’ means— 


tkelley on DSK3SPTVN1PROD with 
6 

•HR 4081 RH

1 ‘‘(A) in the case of a contract for construc2 tion, $5,000,000; and 

3 ‘‘(B) in any other case, $2,000,000. 

4 ‘‘(8) MAJOR DEFENSE ACQUISITION PROGRAM.— 

5 The term ‘major defense acquisition program’ has the 

6 meaning given in section 2430(a) of title 10, United 

7 States Code. 

8 ‘‘(9) PREVIOUSLY BUNDLED CONTRACT.—The 

9 term ‘previously bundled contract’ means a contract 

10 that is the successor to a contract that required a 

11 bundling analysis, contract for which any of the suc12 cessor contract were designated as a consolidated con13 tract or bundled contract in the Federal procurement 

14 database, or a contract for which the Administrator 

15 designated the prior contract as a bundled contract. 

16 ‘‘(10) PROCUREMENT ACTIVITY.—The term ‘pro17 curement activity’ means the Federal agency or office 

18 thereof acquiring goods or services. 

19 ‘‘(11) PROCUREMENT REQUIREMENT.—The term 

20 ‘procurement requirement’ means a determination by 

21 an agency that a specified good or service is needed 

22 to satisfy the mission of the agency. 

23 ‘‘(12) SENIOR PROCUREMENT EXECUTIVE.—The 

24 term ‘senior procurement executive’ means an official 

25 designated under section 16(c) of the Office of Federal 


tkelley on DSK3SPTVN1PROD with 
7 

•HR 4081 RH

1 Procurement Policy Act (41 U.S.C. 1702(c)) as the 

2 senior procurement executive for a Federal agency. 

3 ‘‘(b) POLICY.—The head of each Federal agency shall 

4 ensure that the decisions made by the Federal agency re5 garding contract bundling are made with a view to pro6 viding small business concerns with the maximum prac7 ticable opportunities to participate as prime contractors 

8 and subcontractors in the procurements of the Federal agen9 cy. 

10 ‘‘(c) CONTRACT BUNDLING.— 

11 ‘‘(1) PROPOSED PROCUREMENTS.—Paragraphs 

12 (2) through (4) shall apply to to a proposed procure13 ment if the proposed procurement— 

14 ‘‘(A) would adversely affect one or more 

15 small business concerns, including the potential 

16 loss of an existing contract; 

17 ‘‘(B) includes, in its statement of work, 

18 goods or services— 

19 ‘‘(i)(I) currently being performed by a 

20 small business; and 

21 ‘‘(II) if the proposed procurement is in 

22 a quantity or estimated dollar value the 

23 magnitude of which renders small business 

24 prime contract participation unlikely; or 


tkelley on DSK3SPTVN1PROD with 
8 

•HR 4081 RH

1 ‘‘(ii)(I) that are of a type that the Ad2 ministrator through market research can 

3 demonstrate that two or more small busi4 nesses are capable of performing; and 

5 ‘‘(II) if the proposed procurement 

6 would be combined with other requirements 

7 for goods and services; 

8 ‘‘(C) is for construction and— 

9 ‘‘(i) seeks to package or combine dis10 crete construction projects; or 

11 ‘‘(ii) the value of the goods or services 

12 subject to the contract exceeds the dollar 

13 threshold; or 

14 ‘‘(D) is determined by the Administrator to 

15 have a solicitation that involves an unnecessary 

16 or unjustified bundling of contract requirements. 

17 ‘‘(2) RESPONSIBILITY OF THE PROCUREMENT AC18 TIVITY.—At least 45 days prior to the issuance of a 

19 solicitation, the Procurement Activity shall notify 

20 and provide a copy of the proposed procurement to 

21 the procurement center representative assigned to the 

22 Procurement Activity. The 45-day notification process 

23 under this paragraph shall occur concurrently with 

24 other processing steps required prior to issuance of the 

25 solicitation. The notice shall include a statement setVerDate Mar 15 2010 23:09 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4081.RH H4081

tkelley on DSK3SPTVN1PROD with 
9 

•HR 4081 RH

1 ting forth the proposed procurement strategy required 

2 by subsection (e), and— 

3 ‘‘(A) explaining why the proposed acquisi4 tion cannot be further divided into reasonably 

5 small lots or discrete tasks in order to permit of6 fers by small business concerns; 

7 ‘‘(B) listing, if applicable, the incumbent 

8 contractors disaggregated by and including 

9 names, addresses, and whether or not the con10 tractor is a small business concern; 

11 ‘‘(C) describing the industries that might be 

12 interested in bidding on the contract require13 ments; 

14 ‘‘(D) delineating the number of small busi15 ness concerns listed in the industry categories 

16 that could be excluded from future bidding if the 

17 contract is a bundled contract, including any 

18 small business bidders that had bid on previous 

19 procurement requirements that are included in 

20 the bundling of contract requirements; 

21 ‘‘(E) delineating the number of existing 

22 small business concerns whose contracts will 

23 cease if the contract bundling proceeds; 

24 ‘‘(F) explaining why the delivery schedules 

25 cannot be established on a realistic basis that 


tkelley on DSK3SPTVN1PROD with 
10 

•HR 4081 RH

1 will encourage small business participation to 

2 the extent consistent with the actual require3 ments of the Government; 

4 ‘‘(G) explaining why the proposed acquisi5 tion cannot be offered so as to make small busi6 ness participation likely; 

7 ‘‘(H) explaining why construction cannot be 

8 procured as separate discrete projects; and 

9 ‘‘(I) explaining why the agency has deter10 mined that the bundled contract is necessary and 

11 justified. 

12 ‘‘(3) PUBLICATION OF NOTICE STATEMENT.— 

13 Concurrently, the statement required in paragraph 

14 (2) shall be published in the Federal contracting op15 portunities database. 

16 ‘‘(4) RECOMPETITION OF A PREVIOUSLY BUN17 DLED CONTRACT.—If the proposed procurement is a 

18 previously bundled contract, that is to be recompeted 

19 as a bundled contract, the Administrator shall deter20 mine, with the assistance of the agency proposing the 

21 procurement— 

22 ‘‘(A) the amount of savings and benefits (in 

23 accordance with subsection (d)) achieved under 

24 the bundling of contract requirements; 


tkelley on DSK3SPTVN1PROD with 
11 

•HR 4081 RH

1 ‘‘(B) whether such savings and benefits will 

2 continue to be realized if the contract remains 

3 bundled, and whether such savings and benefits 

4 would be greater if the procurement requirements 

5 were divided into separate solicitations suitable 

6 for award to small business concerns; 

7 ‘‘(C) the dollar value of subcontracts award8 ed to small business concerns under the bundled 

9 contract, disaggregated by North American In10 dustrial Classification System Code; 

11 ‘‘(D) the percentage of subcontract dollars 

12 awarded to small businesses under the bundled 

13 contract, disaggregated by North American In14 dustrial Classification System Code; and 

15 ‘‘(E) the dollar amount and percentage of 

16 prime contract dollars awarded to small busi17 nesses in the primary North American Indus18 trial Classification System Code for that bundled 

19 contract during each of the two fiscal years pre20 ceding the award of the bundled contract and 

21 during each fiscal year of the performance of the 

22 bundled contract. 

23 ‘‘(5) FAILURE TO PROVIDE NOTICE.— 

24 ‘‘(A) NO NOTIFICATION RECEIVED.—If no 

25 notification of the proposed procurement or acVerDate Mar 15 2010 23:09 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H4081.RH H4081

tkelley on DSK3SPTVN1PROD with 
12 

•HR 4081 RH

1 companying statement is received, but the Ad2 ministrator determines that the proposed pro3 curement is a proposed procurement described in 

4 paragraph (1), then the Administrator shall re5 quire that such a statement of work be completed 

6 by the Procurement Activity and sent to the pro7 curement center representative and postpone the 

8 solicitation process for at least 10 days but not 

9 more than 45 days to allow the Administrator to 

10 review the statement and make recommendations 

11 as described in this section before the procure12 ment process is continued. 

13 ‘‘(B) NO WORK CONTINUED.—If the Admin14 istrator requires a Procurement Activity to pro15 vide a statement of work pursuant to subpara16 graph (A), the Procurement Activity shall not be 

17 permitted to continue with the procurement until 

18 such time as the Procurement Activity complies 

19 with the requirements of subparagraph (A). 

20 ‘‘(6) RESPONSIBILITY OF THE PROCUREMENT

21 CENTER REPRESENTATIVE.—Within 15 days after re22 ceipt of the proposed procurement and accompanying 

23 statement, if the procurement center representative be24 lieves that the procurement as proposed will render 

25 small business prime contract participation unlikely, 


tkelley on DSK3SPTVN1PROD with 
13 

•HR 4081 RH

1 the representative shall recommend to the Procure2 ment Activity alternative procurement methods which 

3 would increase small business prime contracting op4 portunities. 

5 ‘‘(7) DISAGREEMENT BETWEEN THE ADMINIS6 TRATOR AND THE PROCUREMENT ACTIVITY.— 

7 ‘‘(A) IN GENERAL.—The Administrator 

8 may take action under this paragraph to further 

9 the interests of small businesses if— 

10 ‘‘(i) a small business concern would be 

11 adversely affected, directly or indirectly, by 

12 the proposed procurement, and that small 

13 business concern or a trade association rep14 resenting such small business concern so re15 quests; or 

16 ‘‘(ii) if the Administrator determines 

17 that a small business concern would be ad18 versely affected, directly or indirectly, by 

19 the proposed procurement. 

20 ‘‘(B) APPEAL TO AGENCY HEAD.—First, the 

21 proposed procurement shall be submitted for de22 termination to the head of the contracting agen23 cy by the Administrator. 


tkelley on DSK3SPTVN1PROD with 
14 

•HR 4081 RH

1 ‘‘(C) FAILURE TO AGREE.—Whenever the 

2 Administrator and the head of the contracting 

3 agency fail to agree— 

4 ‘‘(i) the Administrator, within ten 

5 days after such decision, may file an appeal 

6 with the appropriate agency board of con7 tract appeals; 

8 ‘‘(ii) the board shall provide the Ad9 ministrator and the head of the contracting 

10 agency the opportunity to provide their 

11 views on the disputed contract, except that 

12 no oral testimony or oral argument shall be 

13 permitted; 

14 ‘‘(iii) the board shall permit interested 

15 bidders to intervene; and 

16 ‘‘(iv) the board shall render its deci17 sion, which shall be final agency action for 

18 purposes of chapter 7 of title 5, United 

19 States Code, within 30 days after the ap20 peal has been filed. 

21 ‘‘(D) APPEAL BY AFFECTED SMALL BUSI22 NESS CONCERN TO GAO.—If the Administrator 

23 takes no action pursuant to subparagraph (C), a 

24 small business concern that would be adversely 

25 affected, directly or indirectly, by the procureVerDate Mar 15 2010 23:09 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4081.RH H4081

tkelley on DSK3SPTVN1PROD with 
15 

•HR 4081 RH

1 ment as proposed, or a trade association that in2 cludes such a small business concern as a mem3 ber, may file a protest with the Government Ac4 countability Office. If the protest is filed by a 

5 trade association, the trade association shall not 

6 be required to identify a specific member in con7 nection with the protest. 

8 ‘‘(d) MARKET RESEARCH.— 

9 ‘‘(1) IN GENERAL.—Before proceeding with an 

10 acquisition strategy that could lead to bundled con11 tracts, the head of an agency shall conduct market re12 search to determine whether bundling of the require13 ments is necessary and justified. 

14 ‘‘(2) FACTORS.—For purposes of subsection 

15 (c)(1), a bundled contract is necessary and justified 

16 if the bundling of contract requirements will result in 

17 substantial measurable benefits in excess of those bene18 fits resulting from a procurement of the contract re19 quirements that does not involve contract bundling. 

20 ‘‘(3) BENEFITS.—For the purposes of bundling of 

21 contract requirements, benefits described in para22 graph (2) may include the following: 

23 ‘‘(A) Cost savings. 

24 ‘‘(B) Quality improvements. 

25 ‘‘(C) Reduction in acquisition cycle times. 


tkelley on DSK3SPTVN1PROD with 
16 

•HR 4081 RH

1 ‘‘(D) Better terms and conditions. 

2 ‘‘(E) Any other benefits. 

3 ‘‘(4) REDUCTION OF COSTS NOT DETERMINA4 TIVE.—For purposes of this subsection: 

5 ‘‘(A) Cost savings shall not include any re6 duction in the use of military interdepartmental 

7 purchase requests or any similar transfer funds 

8 among Federal agencies for the use of a contract 

9 issued by another Federal agency. 

10 ‘‘(B) The reduction of administrative or 

11 personnel costs alone shall not be a justification 

12 for bundling of contract requirements unless the 

13 cost savings are expected to be substantial in re14 lation to the dollar value of the procurement re15 quirements to be bundled. 

16 ‘‘(5) LIMITATION ON ACQUISITION STRATEGY.— 

17 The head of a Federal agency may not carry out an 

18 acquisition strategy that includes bundled contracts 

19 valued in excess of the dollar threshold, unless the sen20 ior procurement executive or, if applicable, Chief Ac21 quisition Officer, for the Federal agency, certifies to 

22 the head of the Federal agency that steps will be taken 

23 to include small business concerns in the acquisition 

24 strategy prior to the implementation of such acquisi25 tion strategy. 


tkelley on DSK3SPTVN1PROD with 
17 

•HR 4081 RH

1 ‘‘(e) STRATEGY SPECIFICATIONS.—If the head of a con2 tracting agency determines that an acquisition plan or pro3 posed procurement strategy will result in a bundled con4 tract, the proposed acquisition plan or procurement strat5 egy shall— 

6 ‘‘(1) identify specifically the benefits anticipated 

7 to be derived from the bundling of contract require8 ments; 

9 ‘‘(2) set forth an assessment of the specific im10 pediments to participation by small business concerns 

11 as prime contractors that result from the contract 

12 bundling and specify actions designed to maximize 

13 small business participation as subcontractors (in14 cluding suppliers) at various tiers under the contract 

15 or contracts that are awarded to meet the require16 ments; and 

17 ‘‘(3) include a specific determination that the 

18 anticipated measurable benefits of the proposed bun19 dled contract justify its use. 

20 ‘‘(f) CONTRACT TEAMING.—In the case of a solicitation 

21 of offers for a bundled contract that is issued by the head 

22 of an agency, a small-business concern may submit an offer 

23 that provides for use of a particular team of subcontractors 

24 for the performance of the contract. The head of the agency 

25 shall evaluate the offer in the same manner as other offers, 


tkelley on DSK3SPTVN1PROD with 
18 

•HR 4081 RH

1 with due consideration to the capabilities of all of the pro2 posed subcontractors. If a small business concern teams 

3 under this paragraph, it shall not affect its status as a 

4 small business concern for any other purpose. 

5 ‘‘(g) DATABASE, ANALYSIS, AND ANNUAL REPORT RE6 GARDING CONTRACT BUNDLING.— 

7 ‘‘(1) DATABASE.—Not later than 180 days after 

8 the date of the enactment of this subsection, the Ad9 ministrator shall develop and shall thereafter main10 tain a database containing data and information re11 garding— 

12 ‘‘(A) each bundled contract awarded by a 

13 Federal agency; and 

14 ‘‘(B) each small business concern that has 

15 been displaced as a prime contractor as a result 

16 of the award of such a contract. 

17 ‘‘(2) ANALYSIS.—For each bundled contract that 

18 is to be recompeted, the Administrator shall deter19 mine— 

20 ‘‘(A) the amount of savings and benefits re21 alized, in comparison with the savings and bene22 fits anticipated by the analysis required under 

23 subsection (d) prior to the contract award; and 

24 ‘‘(B) whether such savings and benefits will 

25 continue to be realized if the contract remains 


tkelley on DSK3SPTVN1PROD with 
19 

•HR 4081 RH

1 bundled, and whether such savings and benefits 

2 would be greater if the procurement requirements 

3 were divided into separate solicitations suitable 

4 for award to small business concerns. 

5 ‘‘(3) ANNUAL REPORT ON CONTRACT BUN6 DLING.— 

7 ‘‘(A) IN GENERAL.—Not later than 1 year 

8 after the date of the enactment of this paragraph, 

9 and annually in March thereafter, the Adminis10 trator shall transmit a report on contract bun11 dling to the Committee on Small Business of the 

12 House of Representatives and the Committee on 

13 Small Business and Entrepreneurship of the 

14 Senate. 

15 ‘‘(B) CONTENTS.—Each report transmitted 

16 under subparagraph (A) shall include— 

17 ‘‘(i) data on the number, arranged by 

18 industrial classification, of small business 

19 concerns displaced as prime contractors as 

20 a result of the award of bundled contracts 

21 by Federal agencies; and 

22 ‘‘(ii) a description of the activities 

23 with respect to previously bundled contracts 

24 of each Federal agency during the preceding 

25 year, including— 


tkelley on DSK3SPTVN1PROD with 
20 

•HR 4081 RH

1 ‘‘(I) data on the number and total 

2 dollar amount of all contract require3 ments that were bundled; and 

4 ‘‘(II) with respect to each bundled 

5 contract, data or information on— 

6 ‘‘(aa) the justification for the 

7 bundling of contract requirements; 

8 ‘‘(bb) the cost savings real9 ized by bundling the contract re10 quirements over the life of the con11 tract; 

12 ‘‘(cc) the extent to which 

13 maintaining the bundled status of 

14 contract requirements is projected 

15 to result in continued cost sav16 ings; 

17 ‘‘(dd) the extent to which the 

18 bundling of contract requirements 

19 complied with the contracting 

20 agency’s small business subcon21 tracting plan, including the total 

22 dollar value awarded to small 

23 business concerns as subcontrac24 tors and the total dollar value 

25 previously awarded to small busiVerDate Mar 15 2010 23:09 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H4081.RH H4081

tkelley on DSK3SPTVN1PROD with 
21 

•HR 4081 RH

1 ness concerns as prime contrac2 tors; and 

3 ‘‘(ee) the impact of the bun4 dling of contract requirements on 

5 small business concerns unable to 

6 compete as prime contractors for 

7 the consolidated requirements and 

8 on the industries of such small 

9 business concerns, including a de10 scription of any changes to the 

11 proportion of any such industry 

12 that is composed of small business 

13 concerns. 

14 ‘‘(h) BUNDLING ACCOUNTABILITY MEASURES.— 

15 ‘‘(1) TEAMING REQUIREMENTS.—Each Federal 

16 agency shall include in each solicitation for any mul17 tiple award contract above the dollar threshold a pro18 vision soliciting bids from any responsible source, in19 cluding responsible small business concerns and teams 

20 or joint ventures of small business concerns. 

21 ‘‘(2) POLICIES ON REDUCTION OF CONTRACT

22 BUNDLING.— 

23 ‘‘(A) IN GENERAL.—Not later than 270 

24 days after the date of enactment of this subpara25 graph, the Federal Acquisition Regulatory CounVerDate Mar 15 2010 23:09 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H4081.RH H4081

tkelley on DSK3SPTVN1PROD with 
22 

•HR 4081 RH

1 cil, established under section 25(a) of the Office 

2 of Federal Procurement Policy Act (41 U.S.C. 

3 1302(a)), shall amend the Federal Acquisition 

4 Regulation issued under section 25 of such Act 

5 to— 

6 ‘‘(i) establish a Government-wide pol7 icy regarding contract bundling; 

8 ‘‘(ii) establish a Government-wide pol9 icy on the solicitation of contractor teams 

10 and joint ventures; and 

11 ‘‘(iii) require that the policies estab12 lished under clauses (i) and (ii) be pub13 lished on the website of each Federal agency. 

14 ‘‘(B) RATIONALE FOR CONTRACT BUN15 DLING.—Not later than 30 days after the date on 

16 which the head of a Federal agency submits the 

17 report required under section 15(h), the head of 

18 the Federal agency shall publish on the website 

19 of the Federal agency a list and rationale for 

20 any bundled contract for which the Federal agen21 cy solicited bids or that was awarded by the Fed22 eral agency.’’. 

23 SEC. 3. REPEAL OF REDUNDANT PROVISIONS. 

24 (a) CERTAIN PROVISIONS REGARDING CONTRACT BUN25 DLING REPEALED.— 


tkelley on DSK3SPTVN1PROD with 
23 

•HR 4081 RH

1 (1) Section 15(a) of the Small Business Act (15 

2 U.S.C. 644(a)), is amended by striking ‘‘If a proposed 

3 procurement includes’’ and all that follows through 

4 ‘‘the matter shall be submitted for determination to 

5 the Secretary or the head of the appropriate depart6 ment or agency by the Administrator.’’. 

7 (2) All references in law to such sentences as they 

8 were in effect on the date that is one day prior to the 

9 effective date of this Act shall be deemed to be ref10 erences to section 44(d), as added by this Act. 

11 (b) CERTAIN PROVISIONS REGARDING MARKET RE12 SEARCH REPEALED.— 

13 (1) Paragraphs (2) through (4) of section 15(e) 

14 of the Small Business Act (15 U.S.C. 644(e)) are re15 pealed. 

16 (2) All references in law to such paragraphs, as 

17 in effect on the date that is one day prior to the effec18 tive date of this Act, shall be deemed to be references 

19 to subsections (d) through (f), respectively, of section 

20 44 of the Small Business Act, as added by this sec21 tion. 

22 (c) CERTAIN PROVISIONS REGARDING CONTRACT BUN23 DLING DATABASE REPEALED.— 

24 (1) Paragraph (1) of section 15(p) of the Small 

25 Business Act (15 U.S.C. 644(p)) is repealed. 


tkelley on DSK3SPTVN1PROD with 
24 

•HR 4081 RH

1 (2) Paragraphs (2) through (4) of section 15(p) 

2 of the Small Business Act (15 U.S.C 644(p)) are re3 pealed. All references in law to such paragraphs, as 

4 in effect on the date that is one day prior to the effec5 tive date of this Act, shall be deemed to be references 

6 to paragraphs (1) through (3), respectively, of section 

7 44(h) of the Small Business Act, as added by this Act. 

8 (d) CERTAIN PROVISIONS REGARDING BUNDLING AC9 COUNTABILITY MEASURES REPEALED.— 

10 (1) Paragraphs (1) and (2) of section 15(q) of 

11 the Small Business Act (15 U.S.C 644(q)) are re12 pealed. 

13 (2) All references in law to such paragraphs, as 

14 in effect on the date that is one day prior to the effec15 tive date of this Act, shall be deemed to be references 

16 to paragraphs (1) and (2), respectively, of section 

17 44(i) of the Small Business Act, as added by this Act. 

18 (e) CERTAIN PROVISIONS REGARDING.—Subsection (o) 

19 of section 3 of the Small Business Act (15 U.S.C.) is re20 pealed. 

21 SEC. 4. TECHNICAL AMENDMENTS. 

22 Section 15 of the Small Business Act (15 U.S.C. 644) 

23 is amended— 

24 (1) in the heading of subsection (p), to read as 

25 follows: ‘‘ACCESS TO DATA.—’’; and 


tkelley on DSK3SPTVN1PROD with 
25 

•HR 4081 RH

1 (2) in the heading of subsection (q), to read as 

2 follows: ‘‘REPORTS RELATED TO PROCUREMENT CEN3 TER REPRESENTATIVES.—’’. 


tkelley on DSK3SPTVN1PROD with 
Union Calendar No. 528 

112TH CONGRESS 

2D SESSION H. R. 4081 

[Report No. 112–725] 

A BILL 

To amend the Small Business Act to consolidate 

dling, and for other purposes. and revise provisions relating to contract bunDECEMBER 21, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tkelley on DSK3SPTVN1PROD with