II 

111TH CONGRESS 

2D SESSION S. 2989 

To improve the Small Business Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2010 

Ms. LANDRIEU (for herself and Ms. SNOWE) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

A BILL 

To improve the Small Business Act, 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 ‘‘Small Business Con5 tracting Revitalization Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—CONTRACT BUNDLING 

Sec. 101. Leadership and oversight. 

Sec. 102. Consolidation of contract requirements. 

Sec. 103. Small business teams pilot program. 


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TITLE II—SUBCONTRACTING INTEGRITY 

Sec. 201. GAO recommendations on subcontracting misrepresentations. 

Sec. 202. Small business subcontracting improvements. 

TITLE III—ACQUISITION PROCESS 

Sec. 301. Reservation of prime contract awards for small businesses. 

Sec. 302. Micro-purchase guidelines. 

Sec. 303. Agency accountability. 

Sec. 304. Payment of subcontractors. 

Sec. 305. Repeal of Small Business Competitiveness Demonstration Program. 

TITLE IV—SMALL BUSINESS SIZE AND STATUS INTEGRITY 

Sec. 401. Policy and presumptions. 

Sec. 402. Annual certification. 

Sec. 403. Training for contracting and enforcement personnel. 

Sec. 404. Updated size standards. 

Sec. 405. Study and report on the mentor-protege program. 

1 SEC. 3. DEFINITIONS. 

2 In this Act— 

3 (1) the terms ‘‘Administration’’ and ‘‘Adminis4 trator’’ mean the Small Business Administration 

5 and the Administrator thereof, respectively; and 

6 (2) the term ‘‘small business concern’’ has the 

7 meaning given that term under section 3 of the 

8 Small Business Act (15 U.S.C. 632). 

9 TITLE I—CONTRACT BUNDLING 

10 SEC. 101. LEADERSHIP AND OVERSIGHT. 

11 (a) IN GENERAL.—Section 15 of the Small Business 

12 Act (15 U.S.C. 644) is amended by adding at the end the 

13 following: 

14 ‘‘(q) BUNDLING ACCOUNTABILITY MEASURES.— 

15 ‘‘(1) TEAMING REQUIREMENTS.—Each Federal 

16 agency shall include in each solicitation for any conVerDate Nov 24 2008 00:46 Feb 09, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2989.IS S2989

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1 tract award above the substantial bundling threshold 

2 of the Federal agency a provision soliciting bids by 

3 teams and joint ventures of small business concerns. 

4 ‘‘(2) AGENCY POLICIES ON REDUCTION OF CON5 TRACT BUNDLING.—The head of each Federal agen6 cy shall— 

7 ‘‘(A) not later than 180 days after the date 

8 of enactment of this subsection, publish on the 

9 website of the Federal agency the policy of the 

10 Federal agency regarding contracting bundling 

11 and consolidation, including regarding the solic12 itation of teaming and joint ventures under 

13 paragraph (1); and 

14 ‘‘(B) not later than 30 days after the date 

15 on which the head of the Federal agency sub16 mits data certifications to the Administrator for 

17 Federal Procurement Policy, publish on the 

18 website of the Federal agency a list and ration19 ale for any bundled contract for which the Fed20 eral agency solicited bids or that was awarded 

21 by the Federal agency. 

22 ‘‘(3) REPORTING.—Not later than 90 days after 

23 the date of enactment of this subsection, and every 

24 3 years thereafter, the Director of Small and Dis25 advantaged Business Utilization for each Federal 


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1 agency shall submit to the Committee on Small 

2 Business and Entrepreneurship of the Senate and 

3 the Committee on Small Business of the House of 

4 Representatives a report regarding procurement cen5 ter representatives and commercial market rep6 resentatives, which shall— 

7 ‘‘(A) identify each area for which the Fed8 eral agency has assigned a procurement center 

9 representative or a commercial market rep10 resentative; 

11 ‘‘(B) explain why the Federal agency se12 lected the areas identified under subparagraph 

13 (A); and 

14 ‘‘(C) describe the activities performed by 

15 procurement center representatives and com16 mercial market representatives.’’. 

17 (b) TECHNICAL CORRECTION.—Section 15(g) of the 

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

19 striking ‘‘Administrator of the Office of Federal Procure20 ment Policy’’ each place it appears and inserting ‘‘Admin21 istrator for Federal Procurement Policy’’. 

22 (c) REPORT.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of this Act, the Comp25 troller General of the United States shall submit to 


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1 Congress a report regarding the procurement center 

2 representative program of the Administration. 

3 (2) CONTENTS.—The report submitted under 

4 paragraph (1) shall— 

5 (A) address ways to improve the effective6 ness of the procurement center representative 

7 program in helping small business concerns ob8 tain Federal contracts; 

9 (B) evaluate the effectiveness of procure10 ment center representatives and commercial 

11 marketing representatives; and 

12 (C) include recommendations, if any, on 

13 how to improve the procurement center rep14 resentative program. 

15 (d) ELECTRONIC PROCUREMENT CENTER REP16 RESENTATIVE.—Not later than 180 days after the date 

17 of enactment of this Act, the Administrator shall imple18 ment an electronic procurement center representative pro19 gram. 

20 SEC. 102. CONSOLIDATION OF CONTRACT REQUIREMENTS. 

21 The Small Business Act (15 U.S.C. 631 et seq.) is 

22 amended— 

23 (1) by redesignating section 44 as section 45; 

24 and 

25 (2) by inserting after section 43 the following: 


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1 ‘‘SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS. 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘Chief Acquisition Officer’ means 

4 the employee of a Federal agency designated as the 

5 Chief Acquisition Officer for the Federal agency 

6 under section 16(a) of the Office of Federal Pro7 curement Policy Act (41 U.S.C. 414(a)); 

8 ‘‘(2) the term ‘consolidation of contract require9 ments’, with respect to contract requirements of a 

10 Federal agency, means a use of a solicitation to ob11 tain offers for a single contract or a multiple award 

12 contract to satisfy 2 or more requirements of the 

13 Federal agency for goods or services that have been, 

14 are being, or will be provided to, or will be per15 formed for or would typically be performed for, the 

16 Federal agency under 2 or more separate contracts 

17 lower in cost than the total cost of the contract for 

18 which the offers are solicited; 

19 ‘‘(3) the term ‘Federal agency’ does not include 

20 the Department of Defense or any agency of the De21 partment of Defense; 

22 ‘‘(4) the term ‘multiple award contract’ 

23 means— 

24 ‘‘(A) a multiple award task order contract 

25 or delivery order contract that is entered into 

26 under the authority of sections 303H through 


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1 303K of the Federal Property and Administra2 tive Services Act of 1949 (41 U.S.C. 253h 

3 through 253k); and 

4 ‘‘(B) any other indefinite delivery, indefi5 nite quantity contract that is entered into by 

6 the head of a Federal agency with 2 or more 

7 sources pursuant to the same solicitation; and 

8 ‘‘(5) the term ‘senior procurement executive’ 

9 means an official designated under section 16(c) of 

10 the Office of Federal Procurement Policy Act (41 

11 U.S.C. 414(c)) as the senior procurement executive 

12 for a Federal agency. 

13 ‘‘(b) POLICY.—The head of each Federal agency shall 

14 ensure that the decisions made by the Federal agency re15 garding consolidation of contract requirements of the Fed16 eral agency are made with a view to providing small busi17 ness concerns with appropriate opportunities to partici18 pate as prime contractors and subcontractors in the pro19 curements of the Federal agency. 

20 ‘‘(c) LIMITATION ON USE OF ACQUISITION STRATE21 GIES INVOLVING CONSOLIDATION.— 

22 ‘‘(1) IN GENERAL.—The head of a Federal 

23 agency may not carry out an acquisition strategy 

24 that includes a consolidation of contract require25 ments of the Federal agency with a total value of 


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1 more than $2,000,000, unless the senior procure2 ment executive or Chief Acquisition Officer for the 

3 Federal agency, before carrying out the acquisition 

4 strategy— 

5 ‘‘(A) conducts market research; 

6 ‘‘(B) identifies any alternative contracting 

7 approaches that would involve a lesser degree of 

8 consolidation of contract requirements; and 

9 ‘‘(C) determines that the consolidation of 

10 contract requirements is necessary and justi11 fied. 

12 ‘‘(2) DETERMINATION THAT CONSOLIDATION IS

13 NECESSARY AND JUSTIFIED.— 

14 ‘‘(A) IN GENERAL.—A senior procurement 

15 executive or Chief Acquisition Officer may de16 termine that an acquisition strategy involving a 

17 consolidation of contract requirements is nec18 essary and justified for the purposes of para19 graph (1)(C) if the benefits of the acquisition 

20 strategy substantially exceed the benefits of 

21 each of the possible alternative contracting ap22 proaches identified under paragraph (1)(B). 

23 ‘‘(B) SAVINGS IN ADMINISTRATIVE OR

24 PERSONNEL COSTS.—For purposes of subpara25 graph (A), savings in administrative or perVerDate Nov 24 2008 00:46 Feb 09, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2989.IS S2989

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1 sonnel costs alone do not constitute a sufficient 

2 justification for a consolidation of contract re3 quirements in a procurement unless the ex4 pected total amount of the cost savings, as de5 termined by the senior procurement executive 

6 or Chief Acquisition Officer, is substantial in 

7 relation to the total cost of the procurement. 

8 ‘‘(3) BENEFITS TO BE CONSIDERED.—The ben9 efits considered for the purposes of paragraphs (1) 

10 and (2) may include cost and, regardless of whether 

11 quantifiable in dollar amounts— 

12 ‘‘(A) quality; 

13 ‘‘(B) acquisition cycle; 

14 ‘‘(C) terms and conditions; and 

15 ‘‘(D) any other benefit.’’. 

16 SEC. 103. SMALL BUSINESS TEAMS PILOT PROGRAM. 

17 (a) DEFINITIONS.—In this section— 

18 (1) the term ‘‘Center’’ means the Center for 

19 Small Business Teaming established under sub20 section (b); and 

21 (2) the term ‘‘eligible organization’’ means a 

22 well-established national organization for small busi23 ness concerns with the capacity to provide assistance 

24 to small business concerns (which may be provided 

25 with the assistance of the Center) relating to— 


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1 (A) customer relations and outreach; 

2 (B) submitting bids and proposals; 

3 (C) team relations and outreach; and 

4 (D) performance measurement and quality 

5 assurance. 

6 (b) ESTABLISHMENT.—The Administrator shall es7 tablish a Center for Small Business Teaming within the 

8 Administration to carry out a pilot program for teaming 

9 and joint ventures involving small business concerns. 

10 (c) GRANTS.—The Center may make grants to eligi11 ble organizations to assemble teams of small business con12 cerns to compete for larger procurement contracts. 

13 (d) CONTRACTING OPPORTUNITIES.— 

14 (1) IN GENERAL.—The Center shall work with 

15 eligible organizations receiving a grant under this 

16 section to identify appropriate contracting opportu17 nities for teams or joint ventures of small business 

18 concerns. 

19 (2) RESTRICTED COMPETITION.—A contracting 

20 officer of a Federal agency may restrict competition 

21 for any contract for the procurement of goods or 

22 services by the Federal agency to teams or joint ven23 tures of small business concerns if determined ap24 propriate by the contracting officer. 


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1 (e) TERMINATION.—The authorities under this sec2 tion shall terminate 5 years after the date of enactment 

3 of this Act. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated for grants by the Center 

6 under subsection (c) $5,000,000 for each of fiscal years 

7 2010 through 2015. 

8 TITLE II—SUBCONTRACTING 

9 INTEGRITY 

10 SEC. 201. GAO RECOMMENDATIONS ON SUBCONTRACTING 

11 MISREPRESENTATIONS. 

12 Section 8 of the Small Business Act (15 U.S.C. 637) 

13 is amended by adding at the end the following: 

14 ‘‘(o) PREVENTION OF MISREPRESENTATIONS IN

15 SUBCONTRACTING; IMPLEMENTATION OF RECOMMENDA16 TIONS OF COMPTROLLER GENERAL.— 

17 ‘‘(1) STATEMENT OF POLICY.—It is the policy 

18 of Congress that the recommendations of the Comp19 troller General of the United States in Report No. 

20 05–459, concerning oversight improvements nec21 essary to ensure maximum practicable participation 

22 by small business concerns in subcontracting, shall 

23 be implemented Government-wide, to the maximum 

24 extent possible. 


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1 ‘‘(2) CONTRACTOR COMPLIANCE.—Compliance 

2 of Federal prime contractors with subcontracting 

3 plans relating to small business concerns shall be 

4 evaluated as a percentage of obligated prime con5 tract dollars and as a percentage of subcontracts 

6 awarded. 

7 ‘‘(3) ISSUANCE OF AGENCY POLICIES.—Not 

8 later than 180 days after the date of enactment of 

9 this subsection, the head of each Federal agency 

10 shall issue a policy on subcontracting compliance re11 lating to small business concerns, including assign12 ment of compliance responsibilities between con13 tracting offices, small business offices, and program 

14 offices and periodic oversight and review activities.’’. 

15 SEC. 202. SMALL BUSINESS SUBCONTRACTING IMPROVE16 MENTS. 

17 Section 8(d)(6) of the Small Business Act (15 U.S.C. 

18 637(d)(6)) is amended— 

19 (1) in subparagraph (E), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (F), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end, the following: 

24 ‘‘(G) a certification that the offeror or bid25 der will acquire articles, equipment, supplies, 


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1 services, or materials, or obtain the perform2 ance of construction work from the small busi3 ness concerns used in preparing and submitting 

4 to the contracting agency the bid or proposal, 

5 in the same amount and quality used in pre6 paring and submitting the bid or proposal, un7 less the small business concerns are no longer 

8 in business or can no longer meet the quality, 

9 quantity, or delivery date.’’. 

10 TITLE III—ACQUISITION 

11 PROCESS 

12 SEC. 301. RESERVATION OF PRIME CONTRACT AWARDS 

13 FOR SMALL BUSINESSES. 

14 Section 15 of the Small Business Act (15 U.S.C. 

15 644), as amended by this Act, is amended by adding at 

16 the end the following: 

17 ‘‘(r) GOVERNMENT-WIDE ACQUISITION CON18 TRACTS.—Not later than 180 days after the date of enact19 ment of this subsection, the Administrator for Federal 

20 Procurement Policy and the Administrator shall jointly, 

21 by regulation, establish criteria for Federal agencies for— 

22 ‘‘(1) setting aside part or parts of a multiple 

23 award contract (as defined in section 44), Federal 

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1 cerns, including the subcategories of small business 

2 concerns identified in subsection (g)(2); 

3 ‘‘(2) setting aside orders placed against mul4 tiple award contracts, Federal supply schedule con5 tracts, and other Government-wide acquisition con6 tracts for small business concerns, including the sub7 categories of small business concerns identified in 

8 subsection (g)(2); and 

9 ‘‘(3) reserving 1 or more contract awards for 

10 small business concerns under full and open multiple 

11 award procurements, including the subcategories of 

12 small business concerns identified in subsection 

13 (g)(2).’’. 

14 SEC. 302. MICRO-PURCHASE GUIDELINES. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Controller of the Office of Federal Finan17 cial Management shall issue guidelines regarding the anal18 ysis of purchase card expenditures to identify opportuni19 ties for achieving and accurately measuring fair participa20 tion of small business concerns in purchases in an amount 

21 not in excess of the micro-purchase threshold, as defined 

22 in section 32 of the Office of Federal Procurement Policy 

23 Act (41 U.S.C. 428) (in this section referred to as ‘‘micro24 purchases’’), consistent with the national policy on small 

25 business participation in Federal procurements set forth 


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1 in sections 2(a) and 15(g) of the Small Business Act (15 

2 U.S.C. 631(a) and 644(g)), and dissemination of best 

3 practices for participation of small business concerns in 

4 micro-purchases. 

5 SEC. 303. AGENCY ACCOUNTABILITY. 

6 Section 15(g)(2) of the Small Business Act (15 

7 U.S.C. 644(g)(2)) is amended— 

8 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

9 (2) by striking ‘‘Goals established’’ and insert10 ing the following: 

11 ‘‘(B) Goals established’’; 

12 (3) by striking ‘‘Whenever’’ and inserting the 

13 following: 

14 ‘‘(C) Whenever’’; 

15 (4) by striking ‘‘For the purpose of’’ and insert16 ing the following: 

17 ‘‘(D) For the purpose of’’; 

18 (5) by striking ‘‘The head of each Federal 

19 agency, in attempting to attain such participation’’ 

20 and inserting the following: 

21 ‘‘(E) The head of each Federal agency, in attempting 

22 to attain the participation described in subparagraph 

23 (D)’’. 

24 (6) in subparagraph (E), as so designated— 


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1 (A) by striking ‘‘(A) contracts’’ and insert2 ing ‘‘(i) contracts’’; and 

3 (B) by striking ‘‘(B) contracts’’ and insert4 ing ‘‘(ii) contracts’’; and 

5 (7) by adding at the end the following: 

6 ‘‘(F)(i) Each procurement employee or program man7 ager described in clause (ii)— 

8 ‘‘(I) shall communicate to the subordinates of 

9 the procurement employee or program manager the 

10 importance of achieving small business goals; and 

11 ‘‘(II) shall have as a significant factor in the 

12 annual performance evaluation of the procurement 

13 employee or program manager, where appropriate, 

14 the success of that procurement employee or pro15 gram manager in small business utilization, in ac16 cordance with the goals established under this sub17 section. 

18 ‘‘(ii) A procurement employee or program manager 

19 described in this clause is a senior procurement executive, 

20 senior program manager, or Director of Small and Dis21 advantaged Business Utilization of a Federal agency hav22 ing contracting authority.’’. 

23 SEC. 304. PAYMENT OF SUBCONTRACTORS. 

24 Section 8(d) of the Small Business Act (15 U.S.C. 

25 637(d)) is amended by adding at the end the following: 


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1 ‘‘(11) PAYMENT OF SUBCONTRACTORS.— 

2 ‘‘(A) DEFINITION.—In this paragraph, the term 

3 ‘covered contract’ means a contract relating to which 

4 a prime contractor is required to develop a subcon5 tracting plan under paragraph (4) or (5). 

6 ‘‘(B) NOTICE.— 

7 ‘‘(i) IN GENERAL.—A prime contractor for 

8 a covered contract shall notify in writing the 

9 contracting officer for the covered contract if 

10 the prime contractor pays a reduced price to a 

11 subcontractor for goods and services upon com12 pletion of the responsibilities of the subcon13 tractor or the payment to a subcontractor is 

14 more than 90 days past due for goods or serv15 ices provided for the covered contract for 

16 which— 

17 ‘‘(I) the Federal agency has paid the 

18 prime contractor; or 

19 ‘‘(II) the prime contractor has sub20 mitted a request for payment to the Fed21 eral agency. 

22 ‘‘(ii) CONTENTS.—A prime contractor shall 

23 include the reason for the reduction in a pay24 ment to or failure to pay a subcontractor in any 

25 notice made under clause (i). 


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1 ‘‘(iii) PUBLIC AVAILABILITY.—The head of 

2 each Federal agency shall, after redacting infor3 mation identifying any subcontractor, make 

4 publicly available any notice made under clause 

5 (i). 

6 ‘‘(C) PERFORMANCE.—A contracting officer for 

7 a covered contract shall consider the failure by a 

8 prime contractor to make a full or timely payment 

9 to a subcontractor in evaluating the performance of 

10 the prime contractor. 

11 ‘‘(D) CONTROL OF FUNDS.—A contracting offi12 cer for a covered contract may restrict the authority 

13 of a prime contractor that has a history of untimely 

14 payment of subcontractors (as determined by the 

15 contracting officer) to make expenditures under or 

16 control payment of subcontractors for a covered con17 tract.’’. 

18 SEC. 305. REPEAL OF SMALL BUSINESS COMPETITIVENESS 

19 DEMONSTRATION PROGRAM. 

20 (a) IN GENERAL.—The Business Opportunity Devel21 opment Reform Act of 1988 (Public Law 100–656) is 

22 amended by striking title VII (15 U.S.C. 644 note). 

23 (b) EFFECTIVE DATE AND APPLICABILITY.—The 

24 amendment made by this section— 


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1 (1) shall take effect on the date of enactment 

2 of this Act; and 

3 (2) apply to the first full fiscal year after the 

4 date of enactment of this Act. 

5 TITLE IV—SMALL BUSINESS SIZE 

6 AND STATUS INTEGRITY 

7 SEC. 401. POLICY AND PRESUMPTIONS. 

8 Section 3 of the Small Business Act (15 U.S.C. 632) 

9 is amended by adding at the end the following: 

10 ‘‘(t) PRESUMPTION.— 

11 ‘‘(1) IN GENERAL.—In every contract, sub12 contract, cooperative agreement, cooperative re13 search and development agreement, or grant which 

14 is set aside, reserved, or otherwise classified as in15 tended for award to small business concerns, there 

16 shall be a presumption of loss to the United States 

17 based on the total amount expended on the contract, 

18 subcontract, cooperative agreement, cooperative re19 search and development agreement, or grant when20 ever it is established that a business concern other 

21 than a small business concern willfully sought and 

22 received the award by misrepresentation. 

23 ‘‘(2) DEEMED CERTIFICATIONS.—The following 

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1 tentional certifications of small business size and 

2 status: 

3 ‘‘(A) Submission of a bid or proposal for a 

4 Federal grant, contract, subcontract, coopera5 tive agreement, or cooperative research and de6 velopment agreement reserved, set aside, or oth7 erwise classified as intended for award to small 

8 business concerns. 

9 ‘‘(B) Submission of a bid or proposal for 

10 a Federal grant, contract, subcontract, coopera11 tive agreement, or cooperative research and de12 velopment agreement which in any way encour13 ages a Federal agency to classify the bid or pro14 posal, if awarded, as an award to a small busi15 ness concern. 

16 ‘‘(C) Registration on any Federal elec17 tronic database for the purpose of being consid18 ered for award of a Federal grant, contract, 

19 subcontract, cooperative agreement, or coopera20 tive research agreement, as a small business 

21 concern. 

22 ‘‘(3) CERTIFICATION BY SIGNATURE OF RE23 SPONSIBLE OFFICIAL.— 

24 ‘‘(A) IN GENERAL.—Each solicitation, bid, 

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1 contract, or grant shall contain a certification 

2 concerning the small business size and status of 

3 a business concern seeking the Federal con4 tract, subcontract, or grant. 

5 ‘‘(B) CONTENT OF CERTIFICATIONS.—A 

6 certification that a business concern qualifies as 

7 a small business concern of the exact size and 

8 status claimed by the business concern for pur9 poses of bidding on a Federal contract or sub10 contract, or applying for a Federal grant, shall 

11 contain the signature of a director, officer, or 

12 counsel on the same page on which the certifi13 cation is contained. 

14 ‘‘(4) REGULATIONS.—The Administrator shall 

15 promulgate regulations to provide adequate protec16 tions to individuals and business concerns from li17 ability under this subsection in cases of uninten18 tional errors, technical malfunctions, and other simi19 lar situations.’’. 

20 SEC. 402. ANNUAL CERTIFICATION. 

21 Section 3 of the Small Business Act (15 U.S.C. 632), 

22 as amended by this Act, is amended by adding at the end 

23 the following: 

24 ‘‘(u) ANNUAL CERTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—Each business certified as 

2 a small business concern under this Act shall annu3 ally certify its small business size and, if appro4 priate, its small business status, by means of a con5 firming entry on the ORCA database of the Admin6 istration, or any successor thereto. 

7 ‘‘(2) REGULATIONS.—Not later than 1 year 

8 after the date of enactment of this subsection, the 

9 Administrator, in consultation with the Inspector 

10 General and the Chief Counsel for Advocacy of the 

11 Administration, shall promulgate regulations to en12 sure that— 

13 ‘‘(A) no business concern continues to be 

14 certified as a small business concern on the 

15 ORCA database of the Administration, or any 

16 successor thereto, without fulfilling the require17 ments for annual certification under this sub18 section; and 

19 ‘‘(B) the requirements of this subsection 

20 are implemented in a manner presenting the 

21 least possible regulatory burden on small busi22 ness concerns. 

23 ‘‘(3) DETERMINATION OF SIZE STATUS.—The 

24 small business size or status of a business concern 


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1 shall be determined at the time of the award of a 

2 Federal— 

3 ‘‘(A) contract, except that, in the case of 

4 interagency multiple award contracts (as de5 fined in section 44), small business size or sta6 tus shall be determined annually, except for 

7 purposes of the award of each task or delivery 

8 order set aside or reserved for small business 

9 concerns; 

10 ‘‘(B) subcontract; 

11 ‘‘(C) grant; 

12 ‘‘(D) cooperative agreement; or 

13 ‘‘(E) cooperative research and development 

14 agreement.’’. 

15 SEC. 403. TRAINING FOR CONTRACTING AND ENFORCE16 MENT PERSONNEL. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Federal Acquisition In19 stitute, in consultation with the Administrator for Federal 

20 Procurement Policy, shall develop courses concerning 

21 proper classification of business concerns and small busi22 ness size and status for purposes of Federal contracts, 

23 subcontracts, grants, cooperative agreements, and cooper24 ative research and development agreements. 


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1 (b) POLICY ON PROSECUTIONS OF SMALL BUSINESS

2 SIZE AND STATUS FRAUD.—Section 3 of the Small Busi3 ness Act (15 U.S.C. 632), as amended by this Act, is 

4 amended by adding at the end the following: 

5 ‘‘(v) POLICY ON PROSECUTIONS OF SMALL BUSINESS

6 SIZE AND STATUS FRAUD.—Not later than 1 year after 

7 the date of enactment of this subsection, the head of each 

8 relevant Federal agency and the Inspector General of the 

9 Administration shall issue a Government-wide policy on 

10 prosecution of small business size and status fraud.’’. 

11 SEC. 404. UPDATED SIZE STANDARDS. 

12 Not later than 1 year after the date of enactment 

13 of this Act, and every 5 years thereafter, the Adminis14 trator shall— 

15 (1) conduct a detailed review of the size stand16 ards for small business concerns established under 

17 section 3(a)(2) of the Small Business Act (15 U.S.C. 

18 632(a)(2)); 

19 (2) make appropriate adjustments to size stand20 ards under that section to reflect market conditions; 

21 and 

22 (3) make publically available information re23 garding— 

24 (A) the factors evaluated as part of the re25 view conducted under paragraph (1); and 


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1 (B) the criteria used for any revised size 

2 standards promulgated under paragraph (2). 

3 SEC. 405. STUDY AND REPORT ON THE MENTOR-PROTEGE 

4 PROGRAM. 

5 (a) IN GENERAL.—The Comptroller General of the 

6 United States shall conduct a study of the mentor-protege 

7 program of the Administration for small business concerns 

8 participating in programs under section 8(a) of the Small 

9 Business Act (15 U.S.C. 637(a)), and other relationships 

10 and strategic alliances pairing a larger business and a 

11 small business concern partner to gain access to Federal 

12 Government contracts, to determine whether the programs 

13 and relationships are effectively supporting the goal of in14 creasing the participation of small business concerns in 

15 Government contracting. 

16 (b) MATTERS TO BE STUDIED.—The study con17 ducted under this section shall include— 

18 (1) a review of a broad cross-section of indus19 tries; and 

20 (2) an evaluation of— 

21 (A) how each Federal agency carrying out 

22 a program described in subsection (a) admin23 isters and monitors the program; 

24 (B) whether there are systems in place to 

25 ensure that the mentor-protege relationship, or 


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1 similar affiliation, promotes real gain to the 

2 protege, and is not just a mechanism to enable 

3 participants that would not otherwise qualify 

4 under section 8(a) of the Small Business Act 

5 (15 U.S.C. 637(a)) to receive contracts under 

6 that section; and 

7 (C) the degree to which protege businesses 

8 become able to compete for Federal contracts 

9 without the assistance of a mentor. 

10 (c) REPORT TO CONGRESS.—Not later than 180 days 

11 after the date of enactment of this Act, the Comptroller 

12 General shall submit to the Committee on Small Business 

13 and Entrepreneurship of the Senate and the Committee 

14 on Small Business of the House of Representatives a re15 port on the results of the study conducted under this sec16 tion. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS