29–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–722 

SMALL BUSINESS OPPORTUNITY ACT OF 2012 

DECEMBER 21, 2012.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GRAVES of Missouri, from the Committee on Small Business, 

submitted the following 

R E P O R T 

[To accompany H.R. 3980] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Small Business, to whom was referred the bill 

(H.R. 3980) to amend the Small Business Act with respect to procurement center representatives and acquisition planning, and for 

other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

CONTENTS 

Page 

I. Amendment .................................................................................................... 1 

II. Purpose and Bill Summary ........................................................................... 4 

III. Need for Legislation ...................................................................................... 5 

IV. Hearings ......................................................................................................... 7 

V. Committee Consideration .............................................................................. 7 

VI. Committee Votes ............................................................................................ 8 

VII. Section-by-Section Analysis of H.R. 3980 .................................................... 9 

VIII. Unfunded Mandates ...................................................................................... 14 

IX. New Budget Authority, Entitlement Authority, and Tax Expenditures 14 

X. Oversight Findings ........................................................................................ 15 

XI. Statement of Constitutional Authority ........................................................ 15 

XII. Federal Advisory Committee Act Statement ............................................... 15 

XIII. Statement of No Earmarks ........................................................................... 15 

XIV. Performance Goals and Objectives ............................................................... 15 

XV. Changes in Existing Law Made by the Bill, as Reported ........................... 15 

I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


pwalker on DSK7TPTVN1PROD with 
2 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Small Business Opportunity Act 

of 2012’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—PROCUREMENT CENTER REPRESENTATIVES 

Sec. 101. Procurement center representatives. 

Sec. 102. Small Business Act contracting requirements training. 

TITLE II—ACQUISITION PLANNING 

Sec. 201. Acquisition planning. 

TITLE I—PROCUREMENT CENTER 

REPRESENTATIVES 

SEC. 101. PROCUREMENT CENTER REPRESENTATIVES. 

(a) IN GENERAL.—Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is 

amended by striking the subsection enumerator and inserting the following: 

‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.—’’. 

(b) ASSIGNMENT AND ROLE.—Paragraph (1) of section 15(l) of such Act (15 U.S.C. 

644(l)) is amended to read as follows: 

‘‘(1) ASSIGNMENT AND ROLE.—The Administrator shall assign to each major 

procurement center a procurement center representative with such assistance 

as may be appropriate.’’. 

(c) ACTIVITIES.—Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) is amended— 

(1) in the matter preceding subparagraph (A) by striking ‘‘(2) In addition to 

carrying out the responsibilities assigned by the Administration, a breakout’’ 

and inserting the following: 

‘‘(2) ACTIVITIES.—A’’; 

(2) by striking subparagraph (A) and inserting the following: 

‘‘(A) attend any provisioning conference or similar evaluation session during which a determination may be made with respect to the procurement 

method to be used to satisfy a requirement, review any acquisition plan 

with respect to a requirement, and make recommendations regarding procurement method determinations and acquisition plans;’’; 

(3) in subparagraph (B)— 

(A) by striking ‘‘(B) review, at any time, restrictions on competition’’ and 

inserting the following: 

‘‘(B) review, at any time, barriers to small business participation in Federal contracting’’; 

(B) by striking ‘‘items’’ and inserting ‘‘goods and services’’; and 

(C) by striking ‘‘limitations’’ and inserting ‘‘barriers’’; 

(4) in subparagraph (C) by striking ‘‘(C) review restrictions on competition’’ 

and inserting the following: 

‘‘(C) review barriers to small business participation in Federal contracting’’; 

(5) by striking subparagraph (D) and inserting the following: 

‘‘(D) review any bundled or consolidated solicitation or contract in accordance with this Act;’’; 

(6) in subparagraph (E) by striking ‘‘(E) have access to’’ and inserting the following: 

‘‘(E) have access to’’; and 

(7) by striking subparagraphs (F) and (G) and inserting the following: 

‘‘(F) receive, from personnel responsible for reviewing unsolicited proposals, copies of unsolicited proposals from small business concerns and any 

information on outcomes relating to such proposals; 

‘‘(G) participate in any session or planning process and review any documents with respect to a decision to convert an activity performed by a small 

business concern to an activity performed by a Federal employee; 

‘‘(H) have electronic access to any acquisition plan developed or in development with respect to a procurement activity; 

‘‘(I) be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, including by advocating against the 

bundling of contract requirements when not justified; and 

‘‘(J) carry out any other responsibility assigned by the Administrator.’’. 


pwalker on DSK7TPTVN1PROD with 
3 

(d) APPEALS.—Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is amended by 

striking ‘‘(3) A breakout procurement center representative’’ and inserting the following: 

‘‘(3) APPEALS.—A procurement center representative’’. 

(e) NOTIFICATION AND INCLUSION.—Paragraph (4) of section 15(l) of such Act (15 

U.S.C. 644(l)) is amended to read as follows: 

‘‘(4) NOTIFICATION AND INCLUSION.—A procurement center representative 

shall be notified of and included in all applicable acquisition planning processes.’’. 

(f) POSITION REQUIREMENTS.—Section 15(l)(5) of such Act (15 U.S.C. 644(l)(5)) is 

amended— 

(1) by striking the paragraph enumerator and inserting the following: 

‘‘(5) POSITION REQUIREMENTS.—’’; 

(2) by striking subparagraphs (A) and (B) and inserting the following: 

‘‘(A) IN GENERAL.—A procurement center representative assigned under 

this subsection shall— 

‘‘(i) be a full-time employee of the Administration; 

‘‘(ii) be fully qualified, technically trained, and familiar with the 

goods and services procured by the major procurement center to which 

that representative is assigned; and 

‘‘(iii) have a Level III Federal Acquisition Certification in Contracting 

(or any successor certification) or the equivalent Department of Defense 

certification, except that any person serving in such a position on the 

date of enactment of this clause may continue to serve in that position 

for a period of 5 years without the required certification.’’; and 

(3) in subparagraph (C) by striking ‘‘(C) The Administration shall establish 

personnel positions for breakout procurement representatives and advisers assigned pursuant to’’ and inserting the following: 

‘‘(B) COMPENSATION.—The Administrator shall establish personnel positions for procurement center representatives assigned under’’. 

(g) MAJOR PROCUREMENT CENTER DEFINED.—Section 15(l)(6) of such Act (15 

U.S.C. 644(l)(6)) is amended— 

(1) by striking ‘‘(6) For purposes’’ and inserting the following: 

‘‘(6) MAJOR PROCUREMENT CENTER DEFINED.—For purposes’’; and 

(2) by striking ‘‘other than commercial items and which has the potential to 

incur significant savings as the result of the placement of a breakout procurement center representative’’ and inserting ‘‘goods or services, including goods or 

services that are commercially available’’. 

(h) TRAINING.—Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) is amended— 

(1) by striking the paragraph enumerator and inserting the following: 

‘‘(7) TRAINING.—’’; 

(2) by striking subparagraph (A) and inserting the following: 

‘‘(A) AUTHORIZATION.—At such times as the Administrator deems appropriate, a procurement center representative shall provide training for contracting officers, other appropriate personnel of the procurement center to 

which such representative is assigned, and small businesses groups seeking 

to do business with such procurement center. Such training shall acquaint 

the participants with the provisions of this subsection and shall instruct the 

participants in methods designed to further the purposes of this subsection. 

‘‘(B) LIMITATION.—A procurement center representative may provide 

training under subparagraph (A) only to the extent that the training does 

not interfere with the representative carrying out other activities under this 

subsection.’’; and 

(3) in subparagraph (B)— 

(A) by striking ‘‘(B) The breakout procurement center representative’’ and 

inserting the following: 

‘‘(8) ANNUAL BRIEFING AND REPORT.—A procurement center representative’’; 

and 

(B) by striking ‘‘sixty’’ and inserting ‘‘60’’. 

SEC. 102. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING. 

(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this 

Act, the Defense Acquisition University and the Federal Acquisition Institute shall 

each provide a course on contracting requirements under the Small Business Act, 

including the requirements for small business concerns owned and controlled by 

service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. 


pwalker on DSK7TPTVN1PROD with 
4 

1Originally, title II of the Act of July 30, 1953, c. 282, 67 Stat. 232, was designated as the 

Small Business Act of 1953. A plethora of amendments in subsequent Congresses led to a rewrite in 1958. Pub. L. No. 85–536, § 1, 72m Stat, 384 (1958). The Act is codified at 15 U.S.C. 

§§ 631–657q. 

(b) COURSE REQUIRED.—To have a Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification an individual shall be required to complete the course established under 

subsection (a). 

(c) REQUIREMENT THAT BUSINESS OPPORTUNITY SPECIALISTS BE CERTIFIED.—Section 7(j)(10)(D)(i) of the Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is amended 

by inserting after ‘‘to assist such Program Participant.’’ the following: ‘‘The Business 

Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the 

date of enactment of the Small Business Opportunity Act of 2012 may continue to 

serve as a Business Opportunity Specialist for a period of 5 years beginning on that 

date of enactment without such a certification.’’. 

(d) GAO REPORT.—Not later than 365 days after the date of enactment of this Act, 

the Comptroller General of the United States shall conduct a study and submit a 

report to the Committee on Small Business of the House of Representatives and the 

Committee on Small Business and Entrepreneurship of the Senate on the relationship between the size and quality of the acquisition workforce and the Federal government’s ability to maximize the utilization of small businesses in Federal procurement. The report shall specifcally address the following: 

(1) The extent to which training on small business contracting laws affects 

a contracting officer’s determination to use one of the contracting authorities 

provided in the Small Business Act. 

(2) The relationship between a robust Federal acquisition workforce and small 

business success in obtaining Federal contracting opportunities. 

(3) The effect on economic growth if small businesses experienced a significant reduction in small business procurement activities. 

(4) The effect of the anticipated acceleration of retirements by the acquisition 

workforce on small business procurement opportunities. 

TITLE II—ACQUISITION PLANNING 

SEC. 201. ACQUISITION PLANNING. 

Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is amended— 

(1) by striking ‘‘the various agencies’’ and inserting ‘‘a Federal department or 

agency’’; and 

(2) by striking the period and inserting ‘‘and each such Federal department 

or agency shall— 

‘‘(A) enumerate opportunities for the participation of small business concerns during all acquisition planning processes and in all acquisition plans; 

‘‘(B) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization in all acquisition planning processes and 

provide that Director access to all acquisition plans in development; and 

‘‘(C) invite the participation of the appropriate procurement center representative in all acquisition planning processes and provide that representative access to all acquisition plans in development.’’. 

II. PURPOSE AND BILL SUMMARY

The purpose of H.R. 3980, the ‘‘Small Business Opportunity Act 

of 2012,’’ is to amend the Small Business Act (the Act) 1 to improve 

the ability of the Small Business Administration’s (SBA’s) Procurement Center Representatives (PCRs) to provide input into the acquisition strategy. The PCRs act as small business contracting advocates at major federal contracting activities, so their earlier involvement in the procurement process should lead to greater contracting opportunities for small business. The bill also requires improved training on small business contracting for federal procurement officials. 


pwalker on DSK7TPTVN1PROD with 
5 

2Small Business Act, § 15(a), 15 U.S.C. § 644(a). 

3 Id. 

4 Id. 

5Office of Inspector General, SBA, Report on the Most Serious Management and Performance 

Challenges Facing the Small Business Administration in Fiscal Year 2013 1 (2012), available 

at http://www.sba.gov/sites/default/files/ 

FY%202013%20Management%20Challenges%20OIG%20Report%2013-02%20.pdf. 

III. NEED FOR LEGISLATION

The Small Business Act finds that awarding prime contracts to 

small businesses serves the nation in three ways. First, small business contracting is in ‘‘the interest of maintaining or mobilizing the 

Nation’s full productive capacity.’’ 2 Second, small business contracting is ‘‘in the interest of war or national defense programs.’’ 3

Third, it serves ‘‘the interest of assuring that a fair proportion of 

the total purchases and contracts for property and services for the 

government in each industry.’’ 4

To ensure the best processes and procedures for small businesses 

in contracting, the law must continue to evolve as contracting does 

in practice. H.R. 3980 addresses several outdated and outmoded 

provisions to reflect advances in procurement policies, essentially 

bringing these policies into compliance with current procurement 

practices as well as helping to ensure compliance with small business contracting laws. 

For example, paragraph (l) of Section 15(l) of the Act describes 

the role of breakout procurement representatives (BPCRs). BPCRs 

are SBA employees who are assigned to major procurement centers 

to act as advocates for small business contracting opportunities. 

Generally, the BPCR is responsible for breaking out items from 

large procurements so that the item may be awarded to a small 

business. 

Over time, the distinction between BCPRs and PCRs has diminished, since most procurements do not have single items broken out 

for individual contracts, but instead are more integrated. At the 

same time, contracting opportunities for small businesses have expanded. As a result, H.R. 3980 helps to update the Act by removing 

the distinction between BPCRs and PCRs, eliminating BPCRs, and 

revises the job description for PCRs to reflect today’s procurement 

practices. Because there are fewer than 60 PCRs to review over 

half a trillion dollars in federal contracts, it makes sense to focus 

on the activities on which PCRs may produce the best results for 

small business contractors. For many years, PCRs have attended 

provisioning conferences or guidance meetings to assist them in 

identifying opportunities for small businesses. While these conferences may be helpful, they are no longer essential, as detailed 

purchasing procedures are provided by the Federal Acquisition 

Regulation (FAR). Therefore, the bill permits PCRs to attend provisioning conferences, but does not require them to do so. 

As the primary federal government advocate for small business, 

the Small Business Administration (SBA) should help to ensure 

that advocates for small businesses are involved in the procurement process at critical junctures. According to a recent report by 

the SBA Inspector General, agencies are not always diligent about 

application of small business contracting laws.5 The report recommended that contracting personnel ‘‘be adequately trained on 

small business procurement’’ and ensure that personnel ‘‘are reVerDate Mar 15 2010 05:23 Jan 02, 2013 Jkt 099006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR722.XXX HR722

pwalker on DSK7TPTVN1PROD with 
6 

6 Id. 

viewing [the government certification] database prior to awarding 

contracts.’’ 6

Currently, the Offices of Small and Disadvantaged Business Utilization (OSDBUs) and PCRs, which are advocates for small business contractors, are not included in the federal procurement process until just before a Request for Proposal or Quotation is released—very late in the process. In addition, federal acquisition 

plans do not address how small businesses will be utilized. Therefore, the bill allows PCRs to review and make recommendations on 

procurements. Involving OSDBUs and PCRs in acquisition plans at 

the beginning of the procurement process should yield additional 

contracting opportunities for small businesses and operating efficiencies should increase. The legislation also allows PCRs to review 

barriers to small business contracting, and updates the law to recognize that services are as likely to be procured as goods. 

Additionally, the provisions relating to technical data in current 

law do not reflect the current practice in procurements. Restrictions on technical data have been addressed in numerous laws, 

standardized within agencies, and should similarly be addressed in 

the Act. For example, today PCRs have little or no influence over 

technical restrictions or the evaluation of technical proposals, and 

no ability to evaluate unsolicited proposals generally or unsolicited 

engineering proposals in particular. The Act encourages small businesses to provide this information to PCRs, which may give the 

businesses a misunderstanding of PCRs’ role or the misplaced hope 

of their influence. 

In aiming to focus PCRs where their procurement activities may 

have the most impact for small businesses, the legislation directs 

PCRs to review acquisition plans at the beginning of—and throughout—the acquisition process. It also directs PCRs to make recommendations regarding procurement methods and acquisition 

plans and review barriers to small business contracting. Finally, 

the PCRs are instructed to review bundled or consolidated contracts and advocate against bundling where it is unjustified. 

By eliminating BPCRs and aptly defining PCRs, the bill helps to 

address concerns of the SBA Inspector General that agencies are 

not always diligent about the application of small business contracting law. Involving PCRs early in the contracting process may 

help to avoid agencies misreporting large company contracts as 

those performed by small ones. 

The Act currently requires BPCRs to be full-time employees who 

are familiar with supplies and services purchased by the major procurement center where they are employed, and some need to be accredited engineers. The bill drops the engineering requirement, and 

requires PCRs to be certified as contract specialists at the highest 

level offered by the federal government. This ensures that PCRs 

will have the technical expertise to serve as an advocate for small 

businesses when negotiating with an agency’s contracting personnel. 

Current law defines a major procurement center as one the Administrator designates as purchasing a substantial dollar value of 

other than commercial items. Because commercial item acquisition 

offers great opportunities for small business contracting, the bill alVerDate Mar 15 2010 05:23 Jan 02, 2013 Jkt 099006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR722.XXX HR722

pwalker on DSK7TPTVN1PROD with 
7 

lows the Administrator to consider the purchase of commercially 

available goods and services when designating major purchase centers. 

BPCRs must currently brief the head of contracting annually and 

provide training to contracting personnel on the Act’s requirements. This provision duplicates the training that is offered by 

other sources, such as the Defense Acquisition University (DAU) 

and the Federal Acquisition Institute (FAI) and others. The bill retains the briefing requirement but stipulates that training is permissible so long as it does not interfere with the primary goal of 

providing procurement assistance to small businesses. In addition, 

the bill requires that a course on small business contracting be established by DAU and FAI, which are charged with, and funded to, 

provide training for federal contracting personnel. Small business 

training is currently available only to senior contracting personnel. 

It is junior personnel who may better assist small firms because 

these contracting officers are assigned responsibility for smaller 

dollar contracts. 

Section 15(e)(1) of the Act directs agencies to use procurement 

strategies to maximize small business procurement opportunities. 

Opportunities that benefit small businesses, the government and 

taxpayers are well-planned, budgeted and have greater lead time. 

However, in many cases, PCRs are given a solicitation very late in 

the acquisition process, making it difficult to ensure opportunities 

are available for small businesses. Therefore, the bill requires 

agencies to define these opportunities at each stage of the acquisition process, to maximize opportunity for small businesses and create a more efficient and effective procurement. 

IV. HEARINGS

During the 112th Congress, the Subcommittee on Contracting 

and Workforce held two hearings related to matters raised in H.R. 

3980. The first hearing was entitled ‘‘Insourcing Gone Awry: Outsourcing Small Business Jobs’’ on June 23, 2011. This hearing discussed the Executive Branch’s use of insourcing and the effects it 

has on small firms. The second hearing was entitled ‘‘Helping 

Small Businesses Compete: Challenges within Programs Designed 

to Assist Small Contractors’’ and held on September 15, 2011. This 

hearing discussed the challenges currently facing the SBA’s Procurement Center Representatives (PCR) and examined a recent report by the GAO regarding ways to improve the program. 

V. COMMITTEE CONSIDERATION

The Committee on Small Business met in open session, with a 

quorum being present, on March 7, 2012 and ordered H.R. 3980 reported, as amended, to the House by a voice vote at 3:40 p.m. During the markup, three amendments were offered. All three amendments were adopted. Disposition of the amendments is addressed 

below and is based on the order amendments were filed with the 

Clerk of the Committee and not necessarily in the order they were 

considered at the markup. 

Amendment Number One filed by Mr. Schilling (R–IL) allows 

procurement center representatives who are otherwise qualified 

under the Act and serving at the bill’s date of enactment to conVerDate Mar 15 2010 05:23 Jan 02, 2013 Jkt 099006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR722.XXX HR722

pwalker on DSK7TPTVN1PROD with 
8 

tinue to serve in that position for a period of five years without the 

required certification. The amendment was adopted by voice vote 

at 3:35 p.m. 

Amendment Number Two filed by Ms. Chu (D–CA) clarifies that 

a PCR may provide training so long as it does not interfere with 

the representative carrying out other activities, including the requirements for small business concerns owned and controlled by 

service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by economically-disadvantaged individuals, and small business concerns 

owned and controlled by women. The amendment also requires 

that Business Opportunity Specialists (BOS) at the SBA have at 

least a Level I Federal Acquisition Certification in contracting, or 

the equivalent Department of Defense certification, except a BOS 

serving at the date of enactment may continue to serve as a Business Opportunity Specialist for a period of five years without that 

certification. The amendment was adopted by voice vote at 3:37 

p.m. 

Amendment Number Three filed by Mr. Richmond (D–LA) requires that the Government Accountability Office prepare a study 

for the Committee on the relationship between the size and quality 

of the acquisition workforce and the federal government’s ability to 

maximize the utility of small businesses in federal procurement. 

The amendment was adopted by voice vote at 3:39 p.m. 

VI. COMMITTEE VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

the Committee to list the recorded votes on the motion to report 

the legislation and amendments thereto. No recorded votes were 

taken in the consideration of the bill or amendments. 

AMENDMENT TO H.R. 3980 

OFFERED BY MR. SCHILLING OF ILLINOIS

Page 6, line 14, insert after ‘‘certification’’ the following: ‘‘, except that any person serving in such a position on the date of enactment of this clause may continue to serve in that position for 

a period of 5 years without the required certification’’. 

AMENDMENT TO H.R. 3980 

OFFERED BY MS. CHU OF CALIFORNIA

Page 8, line 24, insert ‘‘, including the requirements for small 

business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business 

concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women,’’ before the period at the end. 

Page 9, insert after line 5 the following: 


pwalker on DSK7TPTVN1PROD with 
9 

(c) REQUIREMENT THAT BUSINESS OPPORTUNITY SPECIALISTS BE

CERTIFIED.—Section 7(j)(10)(D)(i) of the Small Business Act (15 

U.S.C. 636(j)(10)(D)(i)) is amended by inserting after ‘‘to assist such 

Program Participant.’’ the following: ‘‘The Business Opportunity 

Specialist shall have a Level I Federal Acquisition Certification in 

Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the 

Small Business Opportunity Act of 2012 may continue to serve as 

a Business Opportunity Specialist for a period of 5 years beginning 

on that date of enactment without such a certification.’’. 

AMENDMENT TO H.R. 3980 

OFFERED BY MR. RICHMOND OF LOUISIANA

Page 9, insert after line 5 the following: 

(c) GAO REPORT.—Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States 

shall conduct a study and submit a report to the Committee on 

Small Business of the House of Representatives and the Committee 

on Small Business and Entrepreneurship of the Senate on the relationship between the size and quality of the acquisition workforce 

and the Federal government’s ability to maximize the utilization of 

small businesses in Federal procurement. The report shall 

specifcally address the following: 

(1) The extent to which training on small business contracting laws affects a contracting officer’s determination to 

use one of the contracting authorities provided in the Small 

Business Act. 

(2) The relationship between a robust Federal acquisition 

workforce and small business success in obtaining Federal contracting opportunities. 

(3) The effect on economic growth if small businesses experienced a significant reduction in small business procurement 

activities. 

(4) The effect of the anticipated acceleration of retirements 

by the acquisition workforce on small business procurement opportunities. 

VII. SECTION-BY-SECTION ANALYSIS OF H.R. 3980 

SECTION-BY-SECTION ANALYSIS OF H.R. 3980 AS AMENDED

Section 1—Short Title; Table of Contents 

This section provides that the bill may be cited as the ‘‘Small 

Business Opportunity Act of 2012’’ and includes a table of contents 

for the bill. 


pwalker on DSK7TPTVN1PROD with 
10 

Title I—Procurement Center Representatives 

Section 101. Procurement Center Representatives 

Subsection (a)—In General 

Section 15(1) of the Small Business Act (the Act), 15 U.S.C. 

§ 644(1), is titled ‘‘Procurement Center Representatives.’’ 

Subsection (b)—Assignment and Role 

Paragraph (1) of Section 15(l) currently addresses the role of 

BPCRs. BPCRs are employees of the SBA who are assigned to 

major procurement centers in order to advocate for small business 

contracting opportunities. Currently, Paragraph (1) requires the 

Administrator to assign a BPCR to each major procurement center, 

and to provide the BPCR with any required assistance. The BPCR 

is responsible for the activities delineated later, but has a primary 

responsibility of being the advocate for breaking out items from 

larger procurements so that the item could be awarded to a small 

business. The BPCR is distinct from the PCR referenced in Section 

15(k) of the Act, although they have similar goals regarding small 

business contracting. 

Under current law, BPCRs are required to be engineers. SBA 

only has one PCR who is an engineer, meaning that only one BPCR 

is fulfilling the requirement currently in the Act. However, much 

of this is due to the fact that the job has evolved over time, and 

the distinction between PCR and BPCR is no longer necessary. Procurements are no longer run so that one widget can be broken out 

of a major weapon system—instead, weapons systems are procured 

using system integrators. The opportunities for small businesses 

have also evolved, and expanded. Consequently, the bill inserts a 

new Paragraph (1) that removes the distinction between BPCRs 

and PCRs. 

Subsection (c)—Activities 

Paragraph (2) of Section 15(l) currently requires the BPCR to attend provisioning conferences, review acquisition method coding, 

review restrictions on competition arising out of restrictions on the 

rights of the United States in technical data, make technical data 

available to agency personnel and to offerors, access procurement 

records and data commensurate with their security clearance, and 

receive and conduct cost and technical analyses of unsoliticed proposals. 

Given that there are fewer than 60 PCRs responsible for reviewing over half a trillion dollars in federal contracts, it is important 

to focus the PCRs on areas where they can deliver the greatest return for small businesses. To provide this focus, this subsection updates the job description for the PCRs to reflect current procurement practices. While attending provisioning conferences may assist PCRs as they seek opportunities for small businesses, the majority of purchases made by the federal government are no longer 

commodities but instead commercial items, goods and services. 

Contracting decisions no longer stem from the conferences, but 

from a detailed and regulated method of acquisition planning governed by the FAR. Thus, the bill in new Section 15(l)(2)(A) allows 

PCRs to attend provisioning conferences, but also provides that 


pwalker on DSK7TPTVN1PROD with 
11 

they can review and make recommendations regarding acquisition 

plans and procurement methods. If a procurement is structured 

with small business participation in mind from the initial requirement, this should create new opportunities for small businesses 

and increase operating efficiencies in the federal agencies. Likewise, rather than reviewing coding methods, the bill modifies subparagraph (B) to permit the review of barriers to the small business participation in federal contracting, and recognizes that services are as likely to be procured as items. 

Similarly, the provisions in current law relating to technical data 

do not reflect current practice. Restrictions on technical data have 

now been addressed through numerous statutory reforms and are 

standardized within agencies. The PCRs have little opportunity to 

influence these restrictions. Technical data packages are now routinely provided to offerors through a government-wide portal, 

www.fbo.gov. PCRs also lack the ability to evaluate unsolicited proposals or unsolicited engineering proposals. Therefore, encouraging 

small businesses to provide these documents to PCRs gives the 

small firm false hope and the PCR’s work is unlikely to yield results for small businesses. Instead, small businesses should be encouraged to submit unsolicited proposals following the process in 

the FAR. 

Therefore, the legislation directs the PCRs to focus their efforts 

on creating the maximum practicable opportunity for small business utilization. As delineated in the new subparagraphs (C) 

through (I), this includes reviewing acquisition plans at the forefront and throughout the planning process; making recommendations regarding procurement method determinations and acquisition plans; reviewing barriers to small business concerns participating in federal contracting; reviewing any bundled or consolidated solicitation or contract; and being an advocate against the 

bundling of contract requirements when not justified. It directs 

them to work with agencies on pursuing unsolicited proposals they 

received from small business concerns; participating in any planning session or process; and reviewing any documents with respect 

to a decision to bring an activity in-house to be performed by federal employees that is currently being performed by a small business concern. It provides PCRs with access to any acquisition plan 

developed or in development, and allows them to take on other responsibilities as assigned to promote the maximum practicable utilization of small businesses. 

Subsection (d)—Appeals 

Under current law, BPCRs have the ability to appeal the decision 

to not set aside a requirement for small businesses. The bill preserves the authority for appeals, but assigns it to PCRs since there 

will no longer be BPCRs. 

Subsection (e)—Notification and Inclusion 

Section 15(l)(4) currently requires that the Administrator assign 

and collocate at least two small business technical advisors with 

the BPCR in order to assist the BPCR. The Committee is unaware 

of any such individuals ever existing, and given the fiscal realities 

it is unlikely that these employees will ever appear. Therefore, 

paragraph (4) is replaced with a requirement that the PCR be notiVerDate Mar 15 2010 05:23 Jan 02, 2013 Jkt 099006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR722.XXX HR722

pwalker on DSK7TPTVN1PROD with 
12 

fied of and included in all applicable acquisition planning processes. This early involvement will help to reduce the need for the 

PCRs to exercise their appeal authority. 

Subsection (f)—Position Requirements 

The Act currently requires that BPCRs be full time employees familiar with the supplies and services purchased by the major procurement center where they work, and that some BPCRs be accredited engineers. While the bill retains the first requirement, it replaces the engineering requirement with a requirement that the 

PCR be certified at the highest level of certification for contract 

specialists offered by the government. This will ensure that the 

PCR has the technical contracting expertise to negotiate with agency contracting personnel on behalf of small businesses. If SBA’s 

PCRs do not currently meet this requirement, the Committee expects that SBA would avail itself of the free training available 

through the FAI and DAU to bring those PCRs into compliance. 

Maintaining this certification also will require SBA to ensure the 

PCRs receive ongoing continuing education. Again, the Committee 

expects that SBA would use the free resources currently available 

to meet these requirements. The compensation requirements in 

subparagraph (C) are retained, but amended to replace BPCR with 

PCR. Additionally, this subsection allows PCRs who are otherwise 

qualified under the Act and serving at the bill’s date of enactment 

to continue to serve in that position for a period of five years without the required certification. 

Subsection (g)—Major Procurement Center Defined 

Paragraph (6) of section 15(l) currently defines a major procurement center as one the Administrator deems purchases a substantial dollar value of other than commercial items. However, commercial item acquisitions offer great opportunities for small business 

participation, especially since many services are considered commercial items. Hence, something like computer programming could 

be deemed a commercial item. Therefore, the bill changes the definition to allow the Administrator to consider purchases of commercially available goods and services when defining major procurement centers. 

Subsection (h)—Training 

Paragraph (7) of Section 15(l) currently directs the BPCRs to annually brief the head of contracting activity, and to provide training to these contracting personnel on the requirements of the Act. 

While such training is laudable, it is duplicative of the education 

provided by FAI and DAU—training contracting personnel can access for free. Likewise, the training conducted by the PCRs for 

small business groups duplicates of the training currently provided 

by the Procurement Technical Assistance Centers, Offices of Small 

and Disadvantaged Business Utilization, and Small Business Development Centers—all of which are available at no cost to the 

small businesses. 

This legislation retains the briefing requirement but modifies the 

training authorization. Since only PCRs have the ability to protest 

a procurement and the number of PCRs is limited, the legislation 

wishes to prioritize providing procurement assistance to small busiVerDate Mar 15 2010 05:23 Jan 02, 2013 Jkt 099006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR722.XXX HR722

pwalker on DSK7TPTVN1PROD with 
13 

nesses over functions that other entities are funded and authorized 

to provide. Thus, the bill clarifies that training only should occur 

to the extent that it does not interfere with the PCRs carrying out 

their other statutory responsibilities. 

Finally, subsection (h) makes a number of technical corrections. 

They are: inserting a title of ‘‘Training’’ for the Paragraph (7) enumerator; replacing the term BPCR with PCR; and making additional technical corrections. 

Section 102. Small Business Act Contracting Requirements Training 

Subsection (a)—Establishment 

Subsection (a) adds the requirement that DAU and FAI, each of 

which is funded to provide training for federal contracting personnel, develop a course on the contracting requirements of the 

Act. 

Subsection (b)—Course Required 

Subsection (b) requires that the course established in the prior 

subsection become a prerequisite to certification as a contracting officer. Currently, the small business training is an elective available 

to only the most senior contracting personnel. Given that more junior personnel have limited authorities that cap the size of the contracts they can award, they are most often in a position to create 

opportunities for small businesses. Making this course mandatory 

should relieve the burden on PCRs, allowing them to focus on procurement assistance, and educate contracting officers on how to ensure small businesses can compete. 

Subsection (c)—Requirement that Business Opportunity Specialists Be Certified 

BOSs are employees of the SBA who assist small businesses participating in the certain government contracting programs established in the Act. Given this, it makes abundant sense that Subsection (c) requires that Business Opportunity Specialists have at 

least a Level I Federal Acquisition Certification in contracting, or 

the equivalent Department of Defense certification. A BOS serving 

at the date of enactment may continue to serve as a Business Opportunity Specialist for a period of five years without that certification. 

Subsection (d)—GAO Report 

Subsection (d) requires that the Comptroller General prepare a 

study for the Committee on the relationship between the size and 

quality of the acquisition workforce and the federal government’s 

ability to maximize the utility of small businesses in federal procurement. As the acquisition workforce is responsible for implementing the contracting programs of the Act, the Committee has 

a strong interest in the health of the acquisition workforce and is 

concerned with reports that the Executive Branch is not prepared 

to adapt to members of this corps retiring in the next five years. 


pwalker on DSK7TPTVN1PROD with 
14 

7See, e.g., GAO, Acquisition Planning: Opportunities to Build Strong Foundations for Better 

Services Contracts (2011) (GAO–11–672). 8 48 CFR pt. 7 (2012). 

Title II—Acquisition Planning 

Section 201. Acquisition Planning 

Section 15(e)(1) of the Act addresses procurement strategies. It 

directs agencies to use procurement strategies that facilitate the 

maximum practicable utilization of small business concerns as 

prime and subcontractors. Successful procurements that protect the 

taxpayer’s interests have long lead times and require the development of comprehensive acquisition plans7 that address issues such 

as the statement of need and background, potential sources, competition plan, budgeting, timeline, and source selection plan.8 All of 

these have a direct bearing on a small business’s opportunity to 

compete—for example, the manner in which the requirement is defined has a significant bearing on whether it is too large for a small 

business to compete. Agencies that successfully meet and exceed 

their small business goals incorporate small business considerations into this process. 

Unfortunately, not all agencies operate in this manner. In these 

cases, the PCR does not see the solicitation until it is ready to be 

released, and is presented with a work product that may have 

taken months or years to produce. The PCR must then unwind the 

process to try to insert opportunities for small business. This leads 

to a confrontational approach to small business contracting, and 

adds time to the already lengthy procurement process. 

Therefore, the bill amends Section 15(e)(1) to add requirements 

that each agency enumerate opportunities for small business concerns at each stage of the acquisition planning process, include the 

PCR and the Office of Small and Disadvantaged Business Utilization in the acquisition planning process, and provide these small 

business advocates with access to the relevant documents. These 

changes should lead to a more collaborative approach to small business contracting rather than a confrontational approach, produce 

better acquisition plans, save agency time and taxpayer money, 

and create additional opportunities for small businesses. 

VIII. UNFUNDED MANDATES

H.R. 3980 contains no intergovernmental of private-sector mandates as defined in the Unfunded Mandates Reform Act, Pub. L. 

No. 104–1, and would impose no costs on state, local or tribal governments. 

IX. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY AND TAX

EXPENDITURES

The Committee does not provide an opinion or estimate with respect to new budget authority, entitlement authority and tax expenditures, as required by clause 3(c)(2) of rule XIII of the House, 

as the Director of the Congressional Budget Office has not provided 

a cost estimate pursuant to § 402 of the Congressional Budget Act 

of 1974. 


pwalker on DSK7TPTVN1PROD with 
15 

X. OVERSIGHT FINDINGS

In accordance with clause 2(b)(1) of rule X of the House, the oversight findings and recommendations of the Committee on Small 

Business with respect to the subject matter contained in H.R. 3980 

are incorporated into the descriptive portions of this report. 

XI. STATEMENT OF CONSTITUTIONAL AUTHORITY

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that authority for this legislation in Art. I, § 8, cls. 1, 3, and 18, and Art. IV, § 3, cl. 2 of the 

Constitution of the United States. 

XII. FEDERAL ADVISORY COMMITTEE ACT STATEMENT

H.R. 3980 does not establish or authorize the establishment of 

any new advisory committees as that term is defined in the Federal 

Advisory Committee Act, 5 U.S.C. App. 2. 

XIII. STATEMENT OF NO EARMARKS

Pursuant to cl. 9 of rule XXI of the House, H.R. 3980 does not 

contain any congressional earmarks, limited tax benefits or limited 

tariff benefits as defined in subsections (d), (e) or (f) of cl. 9 of rule 

XXI of the Rules of the House. 

XIV. PERFORMANCE GOALS AND OBJECTIVES

Pursuant to cl. 3(c)(4) of rule XIII of the Rules of the House, the 

Committee establishes the following performance-related goals and 

objectives for this legislation: 

H.R. 3980 includes a number of provisions designed to improve 

the competitive viability of small businesses as federal and prime 

contractors by allowing input from Procurement Center Representatives at the beginning of acquisition, improve the efficiency and effectiveness of the federal contracting process, and agency compliance with the Small Business Act through enhancement training 

on small business contracting. 

XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SMALL BUSINESS ACT 

* * * * * * * 

SEC. 7. (a) * * * 

* * * * * * * 

(j)(1) * * * 

* * * * * * * 

(10) There is established with the Administration a small business and capital ownership development program (hereinafter referred to as the ‘‘Program’’) which shall provide assistance excluVerDate Mar 15 2010 05:23 Jan 02, 2013 Jkt 099006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR722.XXX HR722

pwalker on DSK7TPTVN1PROD with 
16 

sively for small business concerns eligible to receive contracts pursuant to section 8(a) of this Act. The program, and all other services and activities authorized under section 7(j) and 8(a) of this Act, 

shall be managed by the Associate Administrator for Minority 

Small Business and Capital Ownership Development under the supervision of, and responsible to, the Administrator. 

(A) * * * 

* * * * * * * 

(D)(i) Promptly after certification under paragraph (11) a 

Program Participant shall submit a business plan (hereinafter 

referred to as the plan’’) as described in clause (ii) of this subparagraph for review by the Business Opportunity Specialist 

assigned to assist such Program Participant. The Business Opportunity Specialist shall have a Level I Federal Acquisition 

Certification in Contracting (or any successor certification) or 

the equivalent Department of Defense certification, except that 

a Business Opportunity Specialist serving at the time of the 

date of enactment of the Small Business Opportunity Act of 

2012 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification. The plan may be a revision 

of a preliminary business plan submitted by the Program Participant or required by the Administration as a part of the application for certification under this section and shall be designed to result in the Program Participant eliminating the 

conditions or circumstances upon which the Administration determined eligibility pursuant to section 8(a)(6). Such plan, and 

subsequent modifications submitted under clause (iii) of this 

subparagraph, shall be approved by the business opportunity 

specialist prior to the Program Participant being eligible for 

award of a contract pursuant to section 8(a). 

* * * * * * * 

SEC. 15. (a) * * * 

* * * * * * * 

(e) PROCUREMENT STRATEGIES; CONTRACT BUNDLING.— 

(1) IN GENERAL.—To the maximum extent practicable, procurement strategies used by øthe various agencies¿ a Federal 

department or agency having contracting authority shall facilitate the maximum participation of small business concerns as 

prime contractors, subcontractors, and suppliersø.¿ and each 

such Federal department or agency shall— 

(A) enumerate opportunities for the participation of small 

business concerns during all acquisition planning processes 

and in all acquisition plans; 

(B) invite the participation of the appropriate Director of 

Small and Disadvantaged Business Utilization in all acquisition planning processes and provide that Director access to all acquisition plans in development; and 

(C) invite the participation of the appropriate procurement center representative in all acquisition planning processes and provide that representative access to all acquisition plans in development. 

* * * * * * * 


pwalker on DSK7TPTVN1PROD with 
17 

ø(l)(1) The Administration shall assign to each major procurement center a breakout procurement center representative with 

such assistance as may be appropriate. The breakout procurement 

center representative shall carry out the activities described in 

paragraph (2), and shall be an advocate for the breakout of items 

for procurement through full and open competition, whenever appropriate, while maintaining the integrity of the system in which 

such items are used, and an advocate for the use of full and open 

competition, whenever appropriate, for the procurement of supplies 

and services by such center. Any breakout procurement center representative assigned under this subsection shall be in addition to 

the representative referred to in subsection (k)(6).¿ 

(l) PROCUREMENT CENTER REPRESENTATIVES.— 

(1) ASSIGNMENT AND ROLE.—The Administrator shall assign 

to each major procurement center a procurement center representative with such assistance as may be appropriate. 

ø(2) In addition to carrying out the responsibilities assigned by 

the Administration, a breakout¿ 

(2) ACTIVITIES.—A procurement center representative is authorized to— 

ø(A) attend any provisioning conference or similar evaluation 

session during which determinations are made as to whether 

requirements are to be procured through other than full and 

open competition and make recommendations with respect to 

such requirements to the members of such conference or session;¿ 

(A) attend any provisioning conference or similar evaluation session during which a determination may be made 

with respect to the procurement method to be used to satisfy 

a requirement, review any acquisition plan with respect to 

a requirement, and make recommendations regarding procurement method determinations and acquisition plans; 

ø(B) review, at any time, restrictions on competition¿ 

(B) review, at any time, barriers to small business participation in Federal contracting previously imposed on 

øitems¿ goods and services through acquisition method 

coding or similar procedures, and recommend to personnel 

of the appropriate activity the prompt reevaluation of such 

ølimitations¿ barriers; 

ø(C) review restrictions on competition¿ 

(C) review barriers to small business participation in 

Federal contracting arising out of restrictions on the rights 

of the United States in technical data, and, when appropriate, recommend that personnel of the appropriate activity initiate a review of the validity of such an asserted restriction; 

ø(D) obtain from any governmental source, and make available to personnel of the appropriate activity, technical data 

necessary for the preparation of a competitive solicitation package for any item of supply or service previously procured noncompetitively due to the unavailability of such technical data;¿ 

(D) review any bundled or consolidated solicitation or 

contract in accordance with this Act; 

ø(E) have access to¿ 


pwalker on DSK7TPTVN1PROD with 
18 

(E) have access to procurement records and other data of 

the procurement center commensurate with the level of 

such representative’s approved security clearance classification; 

ø(F) receive unsolicited engineering proposals and, when appropriate (i) conduct a value analysis of such proposal to determine whether such proposal, if adopted, will result in lower 

costs to the United States without substantially impeding legitimate acquisition objectives and forward to personnel of the 

appropriate activity recommendations with respect to such proposal, or (ii) forward such proposals without analysis to personnel of the activity responsible for reviewing such proposals 

and who shall furnish the breakout procurement center representative with information regarding the disposition of any 

such proposal; and 

ø(G) review the systems that account for the acquisition and 

management of technical data within the procurement center 

to assure that such systems provide the maximum availability 

and access to data needed for the preparation of offers to sell 

to the United States those supplies to which such data pertain 

which potential offerors are entitled to receive.¿ 

(F) receive, from personnel responsible for reviewing unsolicited proposals, copies of unsolicited proposals from 

small business concerns and any information on outcomes 

relating to such proposals; 

(G) participate in any session or planning process and review any documents with respect to a decision to convert an 

activity performed by a small business concern to an activity performed by a Federal employee; 

(H) have electronic access to any acquisition plan developed or in development with respect to a procurement activity; 

(I) be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, including by advocating against the bundling of contract requirements when not justified; and 

(J) carry out any other responsibility assigned by the Administrator. 

ø(3) A breakout procurement center representative¿ 

(3) APPEALS.—A procurement center representative is authorized to appeal the failure to act favorably on any recommendation made pursuant to paragraph (2). Such appeal shall be 

filed and processed in the same manner and subject to the 

same conditions and limitations as an appeal filed by the Administrator pursuant to subsection (a). 

ø(4) The Administration shall assign and co-locate at least two 

small business technical advisers to each major procurement center 

in addition to such other advisers as may be authorized from time 

to time. The sole duties of such advisers shall be to assist the 

breakout procurement center representative for the center to which 

such advisers are assigned in carrying out the functions described 

in paragraph (2) and the representatives referred to in subsection 

(k)(6).¿ 


pwalker on DSK7TPTVN1PROD with 
19 

(4) NOTIFICATION AND INCLUSION.—A procurement center representative shall be notified of and included in all applicable 

acquisition planning processes. 

ø(5)(A) The breakout procurement center representatives and 

technical advisers assigned pursuant to this subsection shall be— 

ø(i) full-time employees of the Administration; and 

ø(ii) fully qualified, technically trained, and familiar with the 

supplies and services procured by the major procurement center to which they are assigned. 

ø(B) In addition to the requirements of subparagraph (A), each 

breakout procurement center representative, and at least one technical adviser assigned to such representative, shall be an accredited engineer.¿ 

(5) POSITION REQUIREMENTS.— 

(A) IN GENERAL.—A procurement center representative assigned under this subsection shall— 

(i) be a full-time employee of the Administration; 

(ii) be fully qualified, technically trained, and familiar with the goods and services procured by the major 

procurement center to which that representative is assigned; and 

(iii) have a Level III Federal Acquisition Certification in Contracting (or any successor certification) or 

the equivalent Department of Defense certification, except that any person serving in such a position on the 

date of enactment of this clause may continue to serve 

in that position for a period of 5 years without the required certification. 

ø(C) The Administration shall establish personnel positions for 

breakout procurement representatives and advisers assigned pursuant to¿ 

(B) COMPENSATION.—The Administrator shall establish 

personnel positions for procurement center representatives 

assigned under this subsection, which are classified at a 

grade level of the General Schedule sufficient to attract 

and retain highly qualified personnel. 

ø(6) For purposes¿ 

(6) MAJOR PROCUREMENT CENTER DEFINED.—For purposes of 

this subsection, the term ‘‘major procurement center’’ means a 

procurement center that, in the opinion of the Administrator, 

purchases substantial dollar amounts of øother than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout procurement 

center representative¿ goods or services, including goods or 

services that are commercially available. ø(7)(A) At such times as the Administrator deems appropriate. 

the breakout procurement center representative shall conduct familiarization sessions for contracting officers and other appropriate 

personnel of the procurement center to which such representative 

is assigned. Such sessions shall acquaint the participants with the 

provisions of this subsection and shall instruct them in methods designed to further the purposes of such subsection.¿ 

(7) TRAINING.— 

(A) AUTHORIZATION.—At such times as the Administrator 

deems appropriate, a procurement center representative 


pwalker on DSK7TPTVN1PROD with 
20 

shall provide training for contracting officers, other appropriate personnel of the procurement center to which such 

representative is assigned, and small businesses groups 

seeking to do business with such procurement center. Such 

training shall acquaint the participants with the provisions 

of this subsection and shall instruct the participants in 

methods designed to further the purposes of this subsection. 

(B) LIMITATION.—A procurement center representative 

may provide training under subparagraph (A) only to the 

extent that the training does not interfere with the representative carrying out other activities under this subsection. 

ø(B) The breakout procurement center representative¿ 

(8) ANNUAL BRIEFING AND REPORT.—A procurement center 

representative shall prepare and personally deliver an annual 

briefing and report to the head of the procurement center to 

which such representative is assigned. Such briefing and report shall detail the past and planned activities of the representative and shall contain such recommendations for improvement in the operation of the center as may be appropriate. The head of such center shall personally receive such 

briefing and report and shall, within øsixty¿ 60 calendar days 

after receipt, respond, in writing, to each recommendation 

made by such representative. 

* * * * * * * 

Æ 


pwalker on DSK7TPTVN1PROD with