I 

115TH CONGRESS 

1ST SESSION H. R. 1773 

To amend the Small Business Act to improve reporting on small business 

goals, achieve uniformity in procurement terminology, clarify the role 

of small business advocates, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2017 

Mr. CHABOT (for himself and Ms. VELA ́ZQUEZ) introduced the following bill; 

which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to improve reporting on 

small business goals, achieve uniformity in procurement 

terminology, clarify the role of small business advocates, 

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; TABLE OF CONTENTS. 

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

5 ‘‘Clarity for America’s Small Contractors Act of 2017’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act are as follows: 

Sec. 1. Short title; table of contents. 


lotter on DSK5VPTVN1PROD with BILLS
2 

•HR 1773 IH

TITLE I—IMPROVING TRANSPARENCY AND CLARITY FOR SMALL 

BUSINESSES 

Sec. 101. Improving reporting on small business goals. 

Sec. 102. Uniformity in procurement terminology. 

TITLE II—CLARIFYING THE ROLES OF SMALL BUSINESS 

ADVOCATES 

Sec. 201. Responsibilities of commercial market representatives. 

Sec. 202. Responsibilities of business opportunity specialists. 

1 TITLE I—IMPROVING TRANS2 PARENCY AND CLARITY FOR 

3 SMALL BUSINESSES 

4 SEC. 101. IMPROVING REPORTING ON SMALL BUSINESS 

5 GOALS. 

6 (a) IN GENERAL.—Section 15(h)(2)(E) of the Small 

7 Business Act (15 U.S.C. 644(h)(2)(E)) is amended— 

8 (1) in clause (i)— 

9 (A) in subclause (III), by striking ‘‘and’’ at 

10 the end; and 

11 (B) by adding at the end the following new 

12 subclauses: 

13 ‘‘(V) that were purchased by an14 other entity after the initial contract 

15 was awarded and as a result of the 

16 purchase, would no longer be deemed 

17 to be small business concerns for pur18 poses of the initial contract; and 

19 ‘‘(VI) that were awarded using a 

20 procurement method that restricted 


lotter on DSK5VPTVN1PROD with BILLS
3 

•HR 1773 IH

1 competition to small business concerns 

2 owned and controlled by service-dis3 abled veterans, qualified HUBZone 

4 small business concerns, small busi5 ness concerns owned and controlled by 

6 socially and economically disadvan7 taged individuals, small business con8 cerns owned and controlled by women, 

9 or a subset of any such concerns;’’; 

10 (2) in clause (ii)— 

11 (A) in subclause (IV), by striking ‘‘and’’ at 

12 the end; and 

13 (B) by adding at the end the following new 

14 subclauses: 

15 ‘‘(VI) that were purchased by an16 other entity after the initial contract 

17 was awarded and as a result of the 

18 purchase, would no longer be deemed 

19 to be small business concerns owned 

20 and controlled by service-disabled vet21 erans for purposes of the initial con22 tract; and 

23 ‘‘(VII) that were awarded using a 

24 procurement method that restricted 

25 competition to qualified HUBZone 


lotter on DSK5VPTVN1PROD with BILLS
4 

•HR 1773 IH

1 small business concerns, small busi2 ness concerns owned and controlled by 

3 socially and economically disadvan4 taged individuals, small business con5 cerns owned and controlled by women, 

6 or a subset of any such concerns;’’; 

7 (3) in clause (iii)— 

8 (A) in subclause (V), by striking ‘‘and’’ at 

9 the end; and 

10 (B) by adding at the end the following new 

11 subclauses: 

12 ‘‘(VII) that were purchased by 

13 another entity after the initial con14 tract was awarded and as a result of 

15 the purchase, would no longer be 

16 deemed to be qualified HUBZone 

17 small business concerns for purposes 

18 of the initial contract; and 

19 ‘‘(VIII) that were awarded using 

20 a procurement method that restricted 

21 competition to small business concerns 

22 owned and controlled by service-dis23 abled veterans, small business con24 cerns owned and controlled by socially 

25 and economically disadvantaged indiVerDate Sep 11 2014 23:32 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1773.IH H1773

lotter on DSK5VPTVN1PROD with BILLS
5 

•HR 1773 IH

1 viduals, small business concerns 

2 owned and controlled by women, or a 

3 subset of any such concerns;’’; 

4 (4) in clause (iv)— 

5 (A) in subclause (V), by striking ‘‘and’’ at 

6 the end; and 

7 (B) by adding at the end the following new 

8 subclauses: 

9 ‘‘(VII) that were purchased by 

10 another entity after the initial con11 tract was awarded and as a result of 

12 the purchase, would no longer be 

13 deemed to be small business concerns 

14 owned and controlled by socially and 

15 economically disadvantaged individ16 uals for purposes of the initial con17 tract; and 

18 ‘‘(VIII) that were awarded using 

19 a procurement method that restricted 

20 competition to small business concerns 

21 owned and controlled by service-dis22 abled veterans, qualified HUBZone 

23 small business concerns, small busi24 ness concerns owned and controlled by 


lotter on DSK5VPTVN1PROD with BILLS
6 

•HR 1773 IH

1 women, or a subset of any such con2 cerns;’’; 

3 (5) in clause (v)— 

4 (A) in subclause (IV), by striking ‘‘and’’ at 

5 the end; 

6 (B) in subclause (V), by inserting ‘‘and’’ at 

7 the end; and 

8 (C) by adding at the end the following new 

9 subclause: 

10 ‘‘(VI) that were purchased by an11 other entity after the initial contract 

12 was awarded and as a result of the 

13 purchase, would no longer be deemed 

14 to be small business concerns owned 

15 by an Indian tribe other than an Alas16 ka Native Corporation for purposes of 

17 the initial contract;’’; 

18 (6) in clause (vi)— 

19 (A) in subclause (IV), by striking ‘‘and’’ at 

20 the end; 

21 (B) in subclause (V), by inserting ‘‘and’’ at 

22 the end; and 

23 (C) by adding at the end the following new 

24 subclause: 


lotter on DSK5VPTVN1PROD with BILLS
7 

•HR 1773 IH

1 ‘‘(VI) that were purchased by an2 other entity after the initial contract 

3 was awarded and as a result of the 

4 purchase, would no longer be deemed 

5 to be small business concerns owned 

6 by a Native Hawaiian Organization 

7 for purposes of the initial contract;’’; 

8 (7) in clause (vii)— 

9 (A) in subclause (IV), by striking ‘‘and’’ at 

10 the end; and 

11 (B) by adding at the end the following new 

12 subclause: 

13 ‘‘(VI) that were purchased by an14 other entity after the initial contract 

15 was awarded and as a result of the 

16 purchase, would no longer be deemed 

17 to be small business concerns owned 

18 by an Alaska Native Corporation for 

19 purposes of the initial contract; and’’; 

20 and 

21 (8) in clause (viii)— 

22 (A) in subclause (VII), by striking ‘‘and’’ 

23 at the end; 

24 (B) in subclause (VIII), by striking ‘‘and’’ 

25 at the end; and 


lotter on DSK5VPTVN1PROD with BILLS
8 

•HR 1773 IH

1 (C) by adding at the end the following new 

2 subclauses: 

3 ‘‘(IX) that were purchased by an4 other entity after the initial contract 

5 was awarded and as a result of the 

6 purchase, would no longer be deemed 

7 to be small business concerns owned 

8 and controlled by women for purposes 

9 of the initial contract; and 

10 ‘‘(X) that were awarded using a 

11 procurement method that restricted 

12 competition to small business concerns 

13 owned and controlled by service-dis14 abled veterans, qualified HUBZone 

15 small business concerns, small busi16 ness concerns owned and controlled by 

17 socially and economically disadvan18 taged individuals, or a subset of any 

19 such concerns; and’’. 

20 (b) EFFECTIVE DATE.—The Administrator of the 

21 Small Business Administration shall be required to report 

22 on the information required by clauses (i)(V), (ii)(VI), 

23 (iii)(VII), (iv)(VII), (v)(VI), (vi)(VI), (vii)(VI), and 

24 (viii)(IX) of section 15(h)(2)(E) of the Small Business Act 

25 (15 U.S.C. 644(h)(2)(E)) beginning on the date that such 


lotter on DSK5VPTVN1PROD with BILLS
9 

•HR 1773 IH

1 information is available in the Federal Procurement Data 

2 System, the System for Award Management, or any new 

3 or successor system. 

4 SEC. 102. UNIFORMITY IN PROCUREMENT TERMINOLOGY. 

5 (a) IN GENERAL.—Section 15(j)(1) of the Small 

6 Business Act (15 U.S.C. 644(j)(1)) is amended by striking 

7 ‘‘greater than $2,500 but not greater than $100,000’’ and 

8 inserting ‘‘greater than the micro-purchase threshold, but 

9 not greater than the simplified acquisition threshold’’. 

10 (b) TECHNICAL AMENDMENT.—Section 3(m) of the 

11 Small Business Act (15 U.S.C. 632(m)) is amended to 

12 read as follows: 

13 ‘‘(m) DEFINITIONS RELATING TO CONTRACTING.— 

14 In this Act: 

15 ‘‘(1) PRIME CONTRACT.—The term ‘prime con16 tract’ has the meaning given such term in section 

17 8701(4) of title 41, United States Code. 

18 ‘‘(2) PRIME CONTRACTOR.—The term ‘prime 

19 contractor’ has the meaning given such term in sec20 tion 8701(5) of title 41, United States Code. 

21 ‘‘(3) SIMPLIFIED ACQUISITION THRESHOLD.— 

22 The term ‘simplified acquisition threshold’ has the 

23 meaning given such term in section 134 of title 41, 

24 United States Code. 


lotter on DSK5VPTVN1PROD with BILLS
10 

•HR 1773 IH

1 ‘‘(4) MICRO-PURCHASE THRESHOLD.—The 

2 term ‘micro-purchase threshold’ has the meaning 

3 given such term in section 1902 of title 41, United 

4 States Code. 

5 ‘‘(5) TOTAL PURCHASE AND CONTRACTS FOR

6 PROPERTY AND SERVICES.—The term ‘total pur7 chases and contracts for property and services’ shall 

8 mean total number and total dollar amount of con9 tracts and orders for property and services.’’. 

10 TITLE II—CLARIFYING THE 

11 ROLES OF SMALL BUSINESS 

12 ADVOCATES 

13 SEC. 201. RESPONSIBILITIES OF COMMERCIAL MARKET 

14 REPRESENTATIVES. 

15 Section 4(h) of the Small Business Act is amended 

16 to read as follows: 

17 ‘‘(h) COMMERCIAL MARKET REPRESENTATIVES.— 

18 ‘‘(1) DUTIES.—The principal duties of a Com19 mercial Market Representative employed by the Ad20 ministrator and reporting to the senior official ap21 pointed by the Administrator with responsibilities 

22 under sections 8, 15, 31, and 36 (or the designee of 

23 such official) shall be to advance the policies estab24 lished in section 8(d)(1) relating to subcontracting. 

25 Such duties shall include— 


lotter on DSK5VPTVN1PROD with BILLS
11 

•HR 1773 IH

1 ‘‘(A) helping prime contractors to find 

2 small business concerns that are capable of per3 forming subcontracts; 

4 ‘‘(B) for contractors awarded contracts 

5 containing the clause described in section 

6 8(d)(3), providing— 

7 ‘‘(i) counseling on the contractor’s re8 sponsibility to maximize subcontracting op9 portunities for small business concerns; 

10 ‘‘(ii) instruction on methods and tools 

11 to identify potential subcontractors that 

12 are small business concerns; and 

13 ‘‘(iii) assistance to increase awards to 

14 subcontractors that are small business con15 cerns through visits, training, and reviews 

16 of past performance; 

17 ‘‘(C) providing counseling on how a small 

18 business concern may promote its capacity to 

19 contractors awarded contracts containing the 

20 clause described in section 8(d)(3); and 

21 ‘‘(D) conducting periodic reviews of con22 tractors awarded contracts containing the 

23 clause described in section 8(d)(3) to assess 

24 compliance with subcontracting plans required 

25 under section 8(d)(6). 


lotter on DSK5VPTVN1PROD with BILLS
12 

•HR 1773 IH

1 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

2 ‘‘(A) IN GENERAL.—Consistent with the 

3 requirements of subparagraph (B), a commer4 cial market representative referred to in section 

5 15(q)(3) shall have a Level I Federal Acquisi6 tion Certification in Contracting (or any suc7 cessor certification) or the equivalent Depart8 ment of Defense certification. 

9 ‘‘(B) DELAY OF CERTIFICATION REQUIRE10 MENT.— 

11 ‘‘(i) TIMING.—The certification de12 scribed in subparagraph (A) is not re13 quired— 

14 ‘‘(I) for any person serving as a 

15 commercial market representative on 

16 the date of the enactment of this sub17 section, until the date that is one cal18 endar year after the date such person 

19 was appointed as a commercial mar20 ket representative; or 

21 ‘‘(II) for any person serving as a 

22 commercial market representative on 

23 or before November 25, 2015, until 

24 November 25, 2020. 


lotter on DSK5VPTVN1PROD with BILLS
13 

•HR 1773 IH

1 ‘‘(ii) APPLICATION.—The require2 ments of clause (i)(I) shall be included in 

3 any initial job posting for the position of a 

4 commercial market representative.’’. 

5 SEC. 202. RESPONSIBILITIES OF BUSINESS OPPORTUNITY 

6 SPECIALISTS. 

7 Section 4(g) of the Small Business Act is amended 

8 to read as follows: 

9 ‘‘(g) BUSINESS OPPORTUNITY SPECIALISTS.— 

10 ‘‘(1) DUTIES.—The exclusive duties of a Busi11 ness Opportunity Specialist employed by the Admin12 istrator and reporting to the senior official appointed 

13 by the Administrator with responsibilities under sec14 tions 8, 15, 31, and 36 (or the designee of such offi15 cial) shall be to implement sections 7, 8, and 45 and 

16 to complete other duties related to contracting pro17 grams under this Act. Such duties shall include— 

18 ‘‘(A) with respect to small business con19 cerns eligible to receive contracts and sub20 contracts pursuant to section 8(a)— 

21 ‘‘(i) providing guidance, counseling, 

22 and referrals for assistance with technical, 

23 management, financial, or other matters 

24 that will improve the competitive viability 

25 of such concerns; 


lotter on DSK5VPTVN1PROD with BILLS
14 

•HR 1773 IH

1 ‘‘(ii) identifying causes of success or 

2 failure of such concerns; 

3 ‘‘(iii) providing comprehensive assess4 ments of such concerns, including identi5 fying the strengths and weaknesses of such 

6 concerns; 

7 ‘‘(iv) monitoring and documenting 

8 compliance with the requirements of sec9 tions 7 and 8 and any regulations imple10 menting those sections; 

11 ‘‘(v) explaining the requirements of 

12 sections 7, 8, 15, 31, 36 and 45; and 

13 ‘‘(vi) advising on compliance with con14 tracting regulations (including the Federal 

15 Acquisition Regulation) after award of 

16 such a contract or subcontract; 

17 ‘‘(B) reviewing and monitoring compliance 

18 with mentor-protege agreements under section 

19 45; 

20 ‘‘(C) representing the interests of the Ad21 ministrator and small business concerns in the 

22 award, modification, and administration of con23 tracts and subcontracts awarded pursuant to 

24 section 8(a); and 


lotter on DSK5VPTVN1PROD with BILLS
15 

•HR 1773 IH

1 ‘‘(D) reporting fraud or abuse under sec2 tion 7, 8, 15, 31, 36, or 45 or any regulations 

3 implementing such sections. 

4 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—Consistent with the 

6 requirements of subparagraph (B), a Business 

7 Opportunity Specialist described under section 

8 7(j)(10)(D) shall have a Level I Federal Acqui9 sition Certification in Contracting (or any suc10 cessor certification) or the equivalent Depart11 ment of Defense certification. 

12 ‘‘(B) DELAY OF CERTIFICATION REQUIRE13 MENT.— 

14 ‘‘(i) TIMING.—The certification de15 scribed in subparagraph (A) is not re16 quired— 

17 ‘‘(I) for any person serving as a 

18 Business Opportunity Specialist on 

19 the date of the enactment of this sub20 section, until the date that is one cal21 endar year after the date such person 

22 was appointed as a Business Oppor23 tunity Specialist; or 

24 ‘‘(II) for any person serving as a 

25 Business Opportunity Specialist on or 


lotter on DSK5VPTVN1PROD with BILLS
16 

•HR 1773 IH

1 before January 3, 2013, until Janu2 ary 3, 2020. 

3 ‘‘(ii) APPLICATION.—The require4 ments of clause (i)(I) shall be included in 

5 any initial job posting for the position of a 

6 commercial market representative.’’. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS