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Union Calendar No. 529 

112TH CONGRESS 

2D SESSION H. R. 4118 

[Report No. 112–726, Part I] 

To amend the Small Business Act to provide for increased small business 

participation in multiple award contracts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2012 

Mr. CRITZ (for himself, Ms. VELA ́ZQUEZ, 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 


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A BILL 

To amend the Small Business Act to provide for increased 

small business participation in multiple award contracts, 

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 ‘‘Small Business Pro5 curement Improvement Act of 2012’’. 

6 SEC. 2. INCREASING SMALL BUSINESS PARTICIPATION IN 

7 MULTIPLE AWARD CONTRACTS. 

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

10 (1) by striking ‘‘may, at their discretion’’ and 

11 inserting the following: ‘‘shall, to the maximum ex12 tent practicable, include small business concerns in 

13 multiple award contracts, as defined in section 3(v) 

14 of this Act, including’’; 

15 (2) in paragraph (1), by striking ‘‘set’’ and in16 serting ‘‘setting’’; 

17 (3) in paragraph (2)— 

18 (A) by striking ‘‘set’’ and inserting ‘‘set19 ting’’; and 

20 (B) by striking ‘‘and’’ at the end; 

21 (4) in paragraph (3)— 

22 (A) by striking ‘‘reserve’’ and inserting 

23 ‘‘reserving’’; and 

24 (B) by striking the period at the end and 

25 inserting ‘‘; and’’; and 


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1 (5) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) making full use of the set-aside programs 

4 established in sections 8(a), 8(m), 31, and 36 of this 

5 Act and any other program under this Act that pro6 vides for set-asides of contracts for small busi7 nesses.’’. 

8 (b) AGENCY OUTREACH.—Section 15 of the Small 

9 Business Act (15 U.S.C. 644) is amended by adding at 

10 the end the following: 

11 ‘‘(s) AGENCY OUTREACH PROGRAM.—The Adminis12 trator, in consultation with the Administrator of the Office 

13 of Federal Procurement Policy and any agency that ob14 tains 5 percent of procurement requirements through a 

15 multiple award contract, shall carry out a program to in16 crease the participation of small business concerns in mul17 tiple award contracts, as defined in section 3(v) of this 

18 Act. Such program shall— 

19 ‘‘(1) increase awareness among small business 

20 concerns regarding multiple award contracts; 

21 ‘‘(2) provide small business concerns with edu22 cation and training on Federal agency procedures 

23 for the bid and award of multiple award contracting 

24 procedures; 


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1 ‘‘(3) assist small business concerns with becom2 ing listed on multiple award contracts, including the 

3 Federal Supply Schedules of the General Services 

4 Administration; and 

5 ‘‘(4) develop measures to track small business 

6 participation in multiple award contracts, including 

7 awards pursuant to those contracts.’’. 

8 SEC. 3. DEFINITIONS. 

9 Section 3 of the Small Business Act (15 U.S.C. 632) 

10 is amended— 

11 (1) in subsection (v)— 

12 (A) in paragraph (1), by striking ‘‘and’’ at 

13 the end; and 

14 (B) by redesignating paragraph (2) as 

15 paragraph (5), and inserting after paragraph 

16 (1) the following: 

17 ‘‘(2) a contract under the Federal Supply 

18 Schedule program of the General Services Adminis19 tration; 

20 ‘‘(3) a multi-agency contract which is a con21 tract, or a task order or delivery order awarded pur22 suant to such a contract, established by one agency 

23 for use by Government agencies to obtain supplies, 

24 services, or both, in accordance with section 1535 of 

25 title 31, United States Code; 


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1 ‘‘(4) a Government-wide acquisition contract 

2 which is a contract, task order contract, or delivery 

3 order contract for information technology established 

4 by one agency for Government-wide use pursuant to 

5 section 11302(e) of title 40, United States Code; 

6 and’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(dd) BLANKET PURCHASE AGREEMENT.—In this 

9 Act, the term ‘blanket purchase agreement’ has the mean10 ing given such term in sections 13.303–01 and 13.303– 

11 2 of title 48, Code of Federal Regulations (as in effect 

12 on October 1, 2011). 

13 ‘‘(ee) BASIC ORDERING AGREEMENT.—In this Act, 

14 the term ‘basic ordering agreement’ has the meaning given 

15 such term in section 16.703 of title 48, Code of Federal 

16 Regulations (as in effect on October 1, 2011).’’. 

17 SEC. 4. ENSURING SMALL BUSINESS PARTICIPATION IN 

18 MULTIPLE AWARD CONTRACTS, MULTI-AGEN19 CY CONTRACTS, AND GOVERNMENT-WIDE AC20 QUISITION CONTRACTS. 

21 Section 15(g)(1) of the Small Business Act (15 

22 U.S.C. 644(g)(1)) is amended— 

23 (1) by striking ‘‘(g)(1) The President shall’’ 

24 and inserting ‘‘(g)(1)(A) The President shall’’; and 


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1 (2) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(B) The President shall annually estab4 lish Government-wide goals for the total dollar 

5 value of all task orders and delivery orders 

6 placed against multiple award contracts, blan7 ket purchase agreements, and basic ordering 

8 agreements awarded to small business concerns, 

9 small business concerns owned and controlled 

10 by service disabled veterans, qualified HUB11 Zone small business concerns, small business 

12 concerns owned and controlled by socially and 

13 economically disadvantaged individuals, and 

14 small business concerns owned and controlled 

15 by women.’’. 

16 SEC. 5. IMPROVEMENTS TO THE SMALL BUSINESS RE17 SERVE. 

18 Section 15(j) of the Small Business Act (15 U.S.C. 

19 644(j)) is amended— 

20 (1) by striking ‘‘$100,000’’ each place it ap21 pears and inserting ‘‘$200,000’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(4) MULTIPLE AWARD CONTRACT APPLICA24 BILITY.— 


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1 ‘‘(A) This subsection applies to all task or 

2 delivery orders placed against multiple award 

3 contracts, including any contract under the 

4 Federal Supply Schedule program of the Gen5 eral Services Administration. 

6 ‘‘(B) The Administrator, in consultation 

7 with the Administrator of General Services Ad8 ministration, shall within 120 days of the date 

9 of enactment of this Act, issue regulations re10 garding— 

11 ‘‘(i) how the Administrator of the 

12 General Services Administration will en13 sure that the correct size standard is ap14 plied to each task order; 

15 ‘‘(ii) how the Administrator of the 

16 General Services Administration will en17 sure that the non-manufacturer rule and 

18 limitation on subcontracting provisions are 

19 implemented at the task order level; and 

20 ‘‘(iii) how the Administrator of the 

21 General Services Administration will en22 sure that its electronic ordering systems 

23 display the correct size information for 

24 small business concerns seeking the set 

25 aside of a task order.’’. 


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1 SEC. 6. SMALL BUSINESS REPRESENTATION ON THE FED2 ERAL ACQUISITION REGULATORY COUNCIL. 

3 (a) IN GENERAL.—Section 1302(b)(1) of title 41, 

4 United States Code, is amended— 

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (C); 

7 (2) by striking the period at the end of sub8 paragraph (D) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(E) the Administrator of the Small Busi12 ness Administration.’’. 

13 (b) DECIDING VOTE.—Section 1302 of such title is 

14 further amended by adding at the end the following: 

15 ‘‘(c) DECIDING VOTE.—In the case of an equal vote 

16 among council membership, the Administrator of the Of17 fice of Federal Procurement Policy will have the deciding 

18 vote.’’. 


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Union Calendar No. 529 

112TH CONGRESS 

2D SESSION H. R. 4118 

[Report No. 112–726, Part I] 

A BILL 

To amend the Small Business Act to provide for inaward contracts, and for other purposes. creased small business participation in multiple 

DECEMBER 21, 2012 

Reported from the Committee on Small Business 

DECEMBER 21, 2012 

The Committee on Oversight and Government Reform 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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