I 

116TH CONGRESS 

2D SESSION H. R. 7403 

To amend the Small Business Act to exempt certain contracts awarded 

to small business concerns from category management requirements, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2020 

Ms. HOULAHAN (for herself and Mr. JOYCE of Pennsylvania) introduced the 

following bill; which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to exempt certain contracts awarded to small business concerns from category 

management requirements, 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 ‘‘Protecting Small Busi5 ness Contracting Opportunities Act of 2020’’. 


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1 SEC. 2. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO 

2 SMALL BUSINESS CONCERNS FROM CAT3 EGORY MANAGEMENT REQUIREMENTS. 

4 (a) IN GENERAL.—The Small Business Act is 

5 amended— 

6 (1) by redesignating section 49 as section 50; 

7 and 

8 (2) by inserting after section 48 the following 

9 new section: 

10 ‘‘SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CAT11 EGORY MANAGEMENT REQUIREMENTS. 

12 ‘‘(a) IN GENERAL.—A contract awarded under sec13 tion 8(a), 8(m), 31, or 32 that is classified as tier 0— 

14 ‘‘(1) shall be exempt from the procedural re15 quirements of any Federal rule or guidance on cat16 egory management or successor strategies for con17 tract consolidation; and 

18 ‘‘(2) may not be included when measuring the 

19 attainment of any goal or benchmark established 

20 under any Federal rule or guidance on category 

21 management or successor strategies for contract 

22 consolidation, unless the inclusion of such contract 

23 aids in the achievement of such a goal or bench24 mark. 

25 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) CATEGORY MANAGEMENT.—The term ‘cat2 egory management’ has the meaning given such 

3 term by the Director of the Office of Management 

4 and Budget. 

5 ‘‘(2) TIER 0.—The term ‘tier 0’ has the mean6 ing given such term by the Director of the Office of 

7 Management and Budget with respect to the Spend 

8 Under Management tiered maturity model, or any 

9 successor model.’’. 

10 (b) APPLICATION.—Section 49 of the Small Business 

11 Act, as added by subsection (a), shall apply with respect 

12 to contracts entered into on or after the date of the enact13 ment of this Act. 

14 (c) PLAN AND REPORT.— 

15 (1) IN GENERAL.—Not later than 120 days 

16 after the date of the enactment of this Act, the Di17 rector of the Office of Management and Budget 

18 shall submit to Congress a report including a plan 

19 to increase the participation of small business con20 cerns in agency-wide or Government-wide contracts 

21 (including best in class designations as defined in 

22 section 15(h)(4)(B)). Such plan shall include— 

23 (A) strategies to increase the amount and 

24 frequency of opportunities for small business 


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1 concerns to participate in agency-wide or Gov2 ernment-wide contracts; 

3 (B) strategies to ease or eliminate require4 ments that impede such participation of small 

5 business concerns; and 

6 (C) a specific goal for the number of small 

7 business concerns participating in agency-wide 

8 or Government-wide contracts and a timeline to 

9 achieve such goal. 

10 (2) IMPLEMENTATION.—Not later than 60 days 

11 after the submission of the report required under 

12 paragraph (1), the Director of the Office of Manage13 ment and Budget shall implement the plan con14 tained in such report. 

15 (d) RULEMAKING.—Not later than 90 days after the 

16 date of the enactment of this Act, the Federal Acquisition 

17 Regulation shall be revised to carry out this Act and the 

18 amendment made by this Act. 

Æ 


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