Protecting Business Opportunities for Veterans Act of 2015

To amend title 38, United States Code, to improve the oversight of contracts awarded by the Secretary of Veterans Affairs to small business concerns owned and controlled by veterans. 1. Short title This Act may be cited as the Protecting Business Opportunities for Veterans Act of 2015 2. Limitations on subcontracts under contracts with small business concerns owned and controlled by veterans (a) In general Section 8127 of title 38, United States Code, is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following new subsection (l): (l) Limitations on subcontracting (1) (A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act ( 15 U.S.C. 657s (B) For purposes of applying the requirements of section 46 of the Small Business Act ( 15 U.S.C. 657s similarly situated entity (2) Before awarding a contract that is counted for purposes of meeting the goals under subsection (a), the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall— (A) specify the exact performance requirements applicable under such paragraph; and (B) explicitly acknowledge that the certification is subject to section 1001 of title 18. (3) If the Secretary determines that a small business concern that is awarded a contract that is counted for purposes of meeting the goals under subsection (a) did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in— (A) section 16(g)(1) of the Small Business Act ( 15 U.S.C. 645(g)(1) (B) section 1001 of title 18. (4) (A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act ( 15 U.S.C. 644(k) 15 U.S.C. 645(g)(2) (B) Not later than November 30 of each year, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report— (i) the number of referred violations received under subparagraph (A); and (ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution. . (b) Effective date Subsection (l) of section 8127 of title 38, United States Code, as added by subsection (a) shall apply with respect to a contract entered into after the date of the enactment of this Act.

Summary: Protecting Business Opportunities for Veterans Act of 2015 Extends subcontracting limitations that apply to certain small businesses awarded contracts under various Small Business Administration (SBA) programs to small business concerns owned and controlled by veterans with or without service-connected disabilities who are awarded Department of Veterans Affairs (VA) contracts. Requires, for purposes of applying such subcontracting limitations to veterans with small businesses awarded such VA contracts, that: (1) small businesses owned and controlled by veterans be treated in the same manner as small businesses owned and controlled by veterans with service-connected disabilities, and (2) "similarly situated entities" include subcontractors for small businesses owned and controlled by a veteran with or without a service-connected disability (contract amounts expended by small businesses on subcontractors that are similarly situated entities are not considered toward subcontracting limits). Directs the VA Secretary, before awarding such a contract, to obtain from the offeror a certification: (1) specifying and promising to comply with the subcontracting performance requirements applicable to such offeror, and (2) acknowledging that the certification is subject to criminal laws concerning false or fraudulent statements or representations. Subjects small businesses to fines, imprisonment, or both for not acting in good faith. Requires the VA's Chief Acquisition Officer and the Director of the Office of Small and Disadvantaged Business Utilization to: (1) establish a process to monitor the subcontracting requirement compliance of veterans' small businesses that are awarded VA contracts, and (2) refer violations to the VA's Inspector General. Directs the Inspector General to submit annual reports to Congress regarding such violations.