I 

112TH CONGRESS 

2D SESSION H. R. 4118 

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 

A BILL 

To amend the Small Business Act to provide for increased 

small business participation in multiple award contracts, 

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


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1 SEC. 2. INCREASING SMALL BUSINESS PARTICIPATION IN 

2 MULTIPLE AWARD CONTRACTS. 

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

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

6 inserting the following: ‘‘shall, to the maximum ex7 tent practicable, include small business concerns in 

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

9 of this Act, including’’; 

10 (2) in paragraph (1), by striking ‘‘set’’ and in11 serting ‘‘setting’’; 

12 (3) in paragraph (2)— 

13 (A) by striking ‘‘set’’ and inserting ‘‘set14 ting’’; and 

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

16 (4) in paragraph (3)— 

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

18 ‘‘reserving’’; and 

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

20 inserting ‘‘; and’’; and 

21 (5) by inserting after paragraph (3) the fol22 lowing: 

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

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

25 Act and any other program under this Act that proVerDate Mar 15 2010 01:20 Mar 02, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4118.IH H4118

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1 vides for set-asides of contracts for small busi2 nesses.’’. 

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

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

5 the end the following: 

6 ‘‘(s) AGENCY OUTREACH PROGRAM.—The Adminis7 trator, in consultation with the Administrator of the Office 

8 of Federal Procurement Policy and any agency that ob9 tains 5 percent of procurement requirements through a 

10 multiple award contract, shall carry out a program to in11 crease the participation of small business concerns in mul12 tiple award contracts, as defined in section 3(v) of this 

13 Act. Such program shall— 

14 ‘‘(1) increase awareness among small business 

15 concerns regarding multiple award contracts; 

16 ‘‘(2) provide small business concerns with edu17 cation and training on Federal agency procedures 

18 for the bid and award of multiple award contracting 

19 procedures; 

20 ‘‘(3) assist small business concerns with becom21 ing listed on multiple award contracts, including the 

22 Federal Supply Schedules of the General Services 

23 Administration; and 


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

2 participation in multiple award contracts, including 

3 awards pursuant to those contracts.’’. 

4 SEC. 3. DEFINITIONS. 

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

6 is amended— 

7 (1) in subsection (v)— 

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

9 the end; and 

10 (B) by redesignating paragraph (2) as 

11 paragraph (5), and inserting after paragraph 

12 (1) the following: 

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

14 Schedule program of the General Services Adminis15 tration; 

16 ‘‘(3) a multi-agency contract which is a con17 tract, or a task order or delivery order awarded pur18 suant to such a contract, established by one agency 

19 for use by Government agencies to obtain supplies, 

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

21 title 31, United States Code; 

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

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

24 order contract for information technology established 

25 by one agency for Government-wide use pursuant to 


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

2 and’’; and 

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

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

5 Act, the term ‘blanket purchase agreement’ has the mean6 ing given such term in sections 13.303–01 and 13.303– 

7 2 of title 48, Code of Federal Regulations (as in effect 

8 on October 1, 2011). 

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

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

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

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

13 SEC. 4. ENSURING SMALL BUSINESS PARTICIPATION IN 

14 MULTIPLE AWARD CONTRACTS, MULTI-AGEN15 CY CONTRACTS, AND GOVERNMENT-WIDE AC16 QUISITION CONTRACTS. 

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

18 U.S.C. 644(g)(1)) is amended— 

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

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

21 (2) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(B) The President shall annually estab24 lish Government-wide goals for the total dollar 

25 value of all task orders and delivery orders 


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1 placed against multiple award contracts, blan2 ket purchase agreements, and basic ordering 

3 agreements awarded to small business concerns, 

4 small business concerns owned and controlled 

5 by service disabled veterans, qualified HUB6 Zone small business concerns, small business 

7 concerns owned and controlled by socially and 

8 economically disadvantaged individuals, and 

9 small business concerns owned and controlled 

10 by women.’’. 

11 SEC. 5. IMPROVEMENTS TO THE SMALL BUSINESS RE12 SERVE. 

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

14 644(j)) is amended— 

15 (1) by striking ‘‘$100,000’’ each place it ap16 pears and inserting ‘‘$200,000’’; and 

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

18 ‘‘(4) MULTIPLE AWARD CONTRACT APPLICA19 BILITY.— 

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

21 delivery orders placed against multiple award 

22 contracts, including any contract under the 

23 Federal Supply Schedule program of the Gen24 eral Services Administration. 


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1 ‘‘(B) The Administrator, in consultation 

2 with the Administrator of General Services Ad3 ministration, shall within 120 days of the date 

4 of enactment of this Act, issue regulations re5 garding— 

6 ‘‘(i) how the Administrator of the 

7 General Services Administration will en8 sure that the correct size standard is ap9 plied to each task order; 

10 ‘‘(ii) how the Administrator of the 

11 General Services Administration will en12 sure that the non-manufacturer rule and 

13 limitation on subcontracting provisions are 

14 implemented at the task order level; and 

15 ‘‘(iii) how the Administrator of the 

16 General Services Administration will en17 sure that its electronic ordering systems 

18 display the correct size information for 

19 small business concerns seeking the set 

20 aside of a task order.’’. 

21 SEC. 6. SMALL BUSINESS REPRESENTATION ON THE FED22 ERAL ACQUISITION REGULATORY COUNCIL. 

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

24 United States Code, is amended— 


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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (C); 

3 (2) by striking the period at the end of sub4 paragraph (D) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(E) the Administrator of the Small Busi8 ness Administration.’’. 

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

10 further amended by adding at the end the following: 

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

12 among council membership, the Administrator of the Of13 fice of Federal Procurement Policy will have the deciding 

14 vote.’’. 

Æ 


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