I

104TH CONGRESS

2D SESSION H. R. 3934

To provide protections against bundling of contract requirements in Federal

procurement.

IN THE HOUSE OF REPRESENTATIVES

JULY 31, 1996

Mr. ZELIFF (for himself, Mr. PAXON, and Mr. QUINN) introduced the following bill; which was referred to the Committee on National Security, and

in addition to the Committee on Government Reform and Oversight, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisidiction of the committee concerned

A BILL

To provide protections against bundling of contract

requirements in Federal procurement.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3934 IH

1 SECTION 1. REQUIREMENT FOR FEDERAL ACQUISITION

2 REGULATION TO ENSURE AVOIDANCE OF UN3 NECESSARY BUNDLING OF CONTRACT RE4 QUIREMENTS.

5 (a) ARMED SERVICES ACQUISITIONS.—Section 2304

6 of title 10, United States Code, is amended by adding at

7 the end the following new subsection:

8 ‘‘(l) The Federal Acquisition Regulation shall ensure

9 that this chapter is implemented in a manner that avoids

10 the unnecessary bundling of contract requirements.’’.

11 (b) CIVILIAN AGENCY ACQUISITIONS.—Section 303

12 of the Federal Property and Administrative Services Act

13 of 1949 (41 U.S.C. 253) is amended by adding at the end

14 the following new subsection:

15 ‘‘(j) The Federal Acquisition Regulation shall ensure

16 that this title is implemented in a manner that avoids the

17 unnecessary bundling of contract requirements.’’.

18 SEC. 2. DEFINITION OF BUNDLING OF CONTRACT REQUIRE19 MENTS.

20 (a) DEFINITION.—Section 4 of the Office of Federal

21 Procurement Policy Act (41 U.S.C. 403) is amended by

22 adding at the end the following new paragraph:

23 ‘‘(16) The term ‘bundling of contract require24 ments’ means the practice of consolidating two or

25 more procurement requirements of a type that were

26 previously solicited and awarded as separate smaller
3

•HR 3934 IH

1 contracts into a single large contract solicitation

2 likely to be unsuitable for award to a small business

3 concern because of—

4 ‘‘(A) the diversity and size of the elements

5 of performance specified;

6 ‘‘(B) the aggregate dollar value of the an7 ticipated award;

8 ‘‘(C) the geographical dispersion of the

9 contract performance sites; or

10 ‘‘(D) any combination of the factors de11 scribed in subparagraphs (A), (B), and (C).’’.

12 (b) CROSS REFERENCES.—(1) Section 2302(3) of

13 title 10, United States Code, is amended by adding at the

14 end the following new subparagraph:

15 ‘‘(M) The term ‘bundling of contract re16 quirements’.’’

17 (2) Section 309(c) of the Federal Property and Ad18 ministrative Services Act of 1949 (41 U.S.C. 259(c)) is

19 amended by adding at the end the following new para20 graph:

21 ‘‘(15) The term ‘bundling of contract require22 ments’.’’.
4

•HR 3934 IH

1 SEC. 3. REPORTING OF BUNDLED CONTRACT OPPORTUNI2 TIES.

3 The Federal Procurement Data System described in

4 section 6(d)(4)(A) of the Office of Federal Procurement

5 Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to

6 collect data regarding bundling of contract requirements.

Æ