106TH CONGRESS

2D SESSION H. R. 4945

AN ACT

To amend the Small Business Act to strengthen existing protections for small business participation

in the Federal procurement contracting process,and for other purposes.

106TH CONGRESS

2D SESSION H. R. 4945

AN ACT

To amend the Small Business Act to strengthen existing

protections for small business participation in the Federal procurement contracting process, 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,
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1 SECTION 1. SHORT TITLE.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Small Business Competition Preservation Act of 2000’’.

4 SEC. 2. DATABASE, ANALYSIS, AND ANNUAL REPORT WITH

5 RESPECT TO BUNDLED CONTRACTS.

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

7 is amended by adding at the end the following new sub8 section:

9 ‘‘(p) DATABASE, ANALYSIS, AND ANNUAL REPORT

10 WITH RESPECT TO BUNDLED CONTRACTS.—

11 ‘‘(1) BUNDLED CONTRACT DEFINED.—In this

12 subsection, the term ‘bundled contract’ includes—

13 ‘‘(A) each contract that meets the defini14 tion set forth in section 3(o) regardless of

15 whether the contracting agency has conducted a

16 study of the effects of the solicitation for the

17 contract on civilian or military personnel of the

18 United States; and

19 ‘‘(B) each new procurement requirement

20 that permits the consolidation of two or more

21 procurement requirements.

22 ‘‘(2) DATABASE.—

23 ‘‘(A) IN GENERAL.—Not later than 180

24 days after the date of the enactment of this

25 subsection, the Administrator of the Small

26 Business Administration shall develop and shall
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1 thereafter maintain a database containing data

2 and information regarding—

3 ‘‘(i) each bundled contract awarded by

4 a Federal agency; and

5 ‘‘(ii) each small business concern that

6 has been displaced as a prime contractor

7 as a result of the award of such a contract.

8 ‘‘(3) ANALYSIS.—For each bundled contract

9 that is to be recompeted as a bundled contract, the

10 Administrator shall determine—

11 ‘‘(A) the amount of savings and benefits

12 (in accordance with subsection (e)) achieved

13 under the bundling of contract requirements;

14 and

15 ‘‘(B) whether such savings and benefits

16 will continue to be realized if the contract re17 mains bundled, and whether such savings and

18 benefits would be greater if the procurement re19 quirements were divided into separate solicita20 tions suitable for award to small business con21 cerns.

22 ‘‘(4) ANNUAL REPORT ON CONTRACT BUN23 DLING.—

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

25 after the date of the enactment of this para-
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1 graph, and annually in March thereafter, the

2 Administration shall transmit a report on con3 tract bundling to the Committees on Small

4 Business of the House of Representatives and

5 the Senate.

6 ‘‘(B) CONTENTS.—Each report trans7 mitted under subparagraph (A) shall include—

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

9 industrial classification, of small business

10 concerns displaced as prime contractors as

11 a result of the award of bundled contracts

12 by Federal agencies; and

13 ‘‘(ii) a description of the activities

14 with respect to previously bundled con15 tracts of each Federal agency during the

16 preceding year, including—

17 ‘‘(I) data on the number and

18 total dollar amount of all contract re19 quirements that were bundled; and

20 ‘‘(II) with respect to each bun21 dled contract, data or information

22 on—

23 ‘‘(aa) the justification for

24 the bundling of contract require25 ments;
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1 ‘‘(bb) the cost savings real2 ized by bundling the contract re3 quirements over the life of the

4 contract;

5 ‘‘(cc) the extent to which

6 maintaining the bundled status

7 of contract requirements is pro8 jected to result in continued cost

9 savings;

10 ‘‘(dd) the extent to which

11 the bundling of contract require12 ments complied with the con13 tracting agency’s small business

14 subcontracting plan, including

15 the total dollar value awarded to

16 small business concerns as sub17 contractors and the total dollar

18 value previously awarded to small

19 business concerns as prime con20 tractors; and

21 ‘‘(ee) the impact of the bun22 dling of contract requirements on

23 small business concerns unable to

24 compete as prime contractors for

25 the consolidated requirements
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1 and on the industries of such

2 small business concerns, includ3 ing a description of any changes

4 to the proportion of any such in5 dustry that is composed of small

6 business concerns.’’.

Passed the House of Representatives September 20,

2000.

Attest:

Clerk.