I

106TH CONGRESS

2D SESSION H. R. 4945

To amend the Small Business Act to strengthen existing protections for

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

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 2000

Mr. TALENT (for himself, Ms. VALA ́

ZQUEZ, Mr. ENGLISH, Mrs. BONO, Mr.

DAVIS of Illinois, Mr. SWEENEY, Ms. MILLENDER-MCDONALD, Mrs.

CHRISTENSEN, Ms. BERKLEY, and Mr. WYNN) introduced the following

bill; which was referred to the Committee on Small Business

A BILL

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,

3 SECTION 1. SHORT TITLE.

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

5 ‘‘Small Business Competition Preservation Act of 2000’’.
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1 SEC. 2. DATABASE, ANALYSIS, AND ANNUAL REPORT WITH

2 RESPECT TO BUNDLED CONTRACTS.

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

4 is amended by adding at the end the following new sub5 section:

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

7 WITH RESPECT TO BUNDLED CONTRACTS.—

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

9 subsection, the term ‘bundled contract’ includes—

10 ‘‘(A) each contract that meets the defini11 tion set forth in section 3(o) regardless of

12 whether the contracting agency has conducted a

13 study of the effects of the solicitation for the

14 contract on civilian or military personnel of the

15 United States; and

16 ‘‘(B) each new procurement requirement

17 that permits the consolidation of 2 or more pro18 curement requirements.

19 ‘‘(2) DATABASE.—

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

21 days after the date of enactment of this sub22 section, the Administrator of the Small Busi23 ness Administration shall develop and shall

24 thereafter maintain a database containing data

25 and information regarding—
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1 ‘‘(i) each bundled contract awarded by

2 a Federal agency; and

3 ‘‘(ii) each small business concern that

4 has been displaced as a prime contractor

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

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

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

8 Administrator shall determine—

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

10 (in accordance with subsection (e)) achieved

11 under the bundling of contract requirements;

12 and

13 ‘‘(B) whether such savings and benefits

14 will continue to be realized if the contract re15 mains bundled, and whether such savings and

16 benefits would be greater if the procurement re17 quirements were divided into separate solicita18 tions suitable for award to small business con19 cerns.

20 ‘‘(4) ANNUAL REPORT ON CONTRACT BUN21 DLING.—

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

23 after the date of enactment of this paragraph,

24 and annually in March thereafter, the Adminis25 tration shall transmit a report on contract bun-
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1 dling to the Committees on Small Business of

2 the House of Representatives and the Senate.

3 ‘‘(B) CONTENTS.—Each report trans4 mitted under subparagraph (A) shall include—

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

6 industrial classification, of small business

7 concerns displaced as prime contractors as

8 a result of the award of bundled contracts

9 by Federal agencies; and

10 ‘‘(ii) a description of the activities

11 with respect to previously bundled con12 tracts of each Federal agency during the

13 preceding year, including—

14 ‘‘(I) data on the number and

15 total dollar amount of all contract re16 quirements that were bundled; and

17 ‘‘(II) with respect to each bun18 dled contract, data or information

19 on—

20 ‘‘(aa) the justification for

21 the bundling of contract require22 ments;

23 ‘‘(bb) the cost savings real24 ized by bundling the contract re-
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1 quirements over the life of the

2 contract;

3 ‘‘(cc) the extent to which

4 maintaining the bundled status

5 of contract requirements is pro6 jected to result in continued cost

7 savings;

8 ‘‘(dd) the extent to which

9 the bundling of contract require10 ments complied with the con11 tracting agency’s small business

12 subcontracting plan, including

13 the total dollar value awarded to

14 small business concerns as sub15 contractors and the total dollar

16 value previously awarded to small

17 business concerns as prime con18 tractors; and

19 ‘‘(ee) the impact of the bun20 dling of contract requirements on

21 small business concerns unable to

22 compete as prime contractors for

23 the consolidated requirements

24 and on the industries of such

25 small business concerns, includ-
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1 ing a description of any changes

2 to the proportion of any such in3 dustry that is composed of small

4 business concerns.’’.

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