II 

113TH CONGRESS 

1ST SESSION S. 196 

To assure equity in contracting between the Federal Government and small 

business concerns, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2013 

Mr. UDALL of New Mexico introduced the following bill; which was read twice 

and referred to the Committee on Small Business and Entrepreneurship 

A BILL 

To assure equity in contracting between the Federal Government and small business concerns, 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 ‘‘Assuring Contracting 

5 Equity Act of 2013’’. 

6 SEC. 2. FEDERAL CONTRACTING GOALS. 

7 (a) INCREASE IN CERTAIN GOALS.—Section 15(g)(1) 

8 of the Small Business Act (15 U.S.C. 644(g)(1)) is 

9 amended— 


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1 (1) in the second sentence, by striking ‘‘not less 

2 than 23 percent’’ and inserting ‘‘not less than 25 

3 percent’’; and 

4 (2) by striking ‘‘not less than 5 percent’’ each 

5 place it appears and inserting ‘‘not less than 10 per6 cent’’. 

7 (b) LIMITATION ON NUMBER OF CATEGORIES FOR

8 WHICH A BUSINESS MAY QUALIFY.—Section 15(g) of the 

9 Small Business Act (15 U.S.C. 644(g)) is amended by 

10 adding at the end the following: 

11 ‘‘(3)(A) In this paragraph, the term ‘specified cat12 egory’ means small business concerns, small business con13 cerns owned and controlled by service-disabled veterans, 

14 qualified HUBZone small business concerns, small busi15 ness concerns owned and controlled by socially and eco16 nomically disadvantaged individuals, and small business 

17 concerns owned and controlled by women. 

18 ‘‘(B) Except as provided subparagraph (C), a Federal 

19 agency may include a business concern in not more than 

20 2 specified categories for purposes of determining whether 

21 the Federal agency has met the Government-wide goals 

22 under this subsection for the award of contracts to busi23 ness concerns in specified categories. 

24 ‘‘(C) A Federal agency may not include a small busi25 ness concern that is participating in the program under 


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1 section 8(a) in any specified category except the category 

2 ‘small business concerns owned and controlled by socially 

3 and economically disadvantaged individuals’ for purposes 

4 of determining whether the Federal agency has met the 

5 Government-wide goals under this subsection for the 

6 award of contracts to business concerns in specified cat7 egories.’’. 

8 SEC. 3. IMPROVING TRANSPARENCY TO ASSIST SMALL 

9 BUSINESS CONCERNS. 

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

11 U.S.C. 644(g)(1)) is amended by inserting after the sec12 ond sentence the following: ‘‘For purposes of this sub13 section, the total value of all prime contract awards for 

14 a fiscal year includes the value of each prime contract 

15 awarded for the fiscal year, without regard to whether the 

16 prime contract was awarded as the result of unrestricted 

17 competition or any determination by the Administrator 

18 with respect to the potential for a small business concern 

19 to perform the prime contract or a subcontract under the 

20 prime contract.’’. 

21 SEC. 4. COMPLIANCE WITH SMALL BUSINESS SUBCON22 TRACTING GOALS. 

23 The Administrator of the Small Business Administra24 tion shall consult with the heads of other Federal agencies 

25 to develop and implement standards for procurement offiVerDate Mar 15 2010 03:41 Feb 08, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S196.IS S196

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1 cers to take into consideration the past compliance of po2 tential contractors with small business subcontracting 

3 goals when making contract awards. 

Æ 


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