I 
112TH CONGRESS 
2D SESSION 
H. R. 3980 
To amend the Small Business Act with respect to procurement center 
representatives and acquisition planning, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2012 
Ms. HERRERA BEUTLER (for herself and Mr. SCHRADER) introduced the 
following bill; which was referred to the Committee on Small Business 
A BILL 
To amend the Small Business Act with respect to procure-
ment center representatives and acquisition planning, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Small Business Opportunity Act of 2012’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I—PROCUREMENT CENTER REPRESENTATIVES 
Sec. 101. Procurement center representatives. 
Sec. 102. Small Business Act contracting requirements training. 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
TITLE II—ACQUISITION PLANNING 
Sec. 201. Acquisition planning. 
TITLE I—PROCUREMENT 
CENTER REPRESENTATIVES 
SEC. 101. PROCUREMENT CENTER REPRESENTATIVES. 
(a) IN GENERAL.—Section 15(l) of the Small Busi-
ness Act (15 U.S.C. 644(l)) is amended by striking the 
subsection enumerator and inserting the following: 
‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.— 
’’. 
(b) ASSIGNMENT AND ROLE.—Paragraph (1) of sec-
tion 15(l) of such Act (15 U.S.C. 644(l)) is amended to 
read as follows: 
‘‘(1) ASSIGNMENT AND ROLE.—The Adminis-
trator shall assign to each major procurement center 
a procurement center representative with such as-
sistance as may be appropriate.’’. 
(c) ACTIVITIES.—Section 15(l)(2) of such Act (15 
U.S.C. 644(l)(2)) is amended— 
(1) in the matter preceding subparagraph (A) 
by striking ‘‘(2) In addition to carrying out the re-
sponsibilities assigned by the Administration, a 
breakout’’ and inserting the following: 
‘‘(2) ACTIVITIES.—A’’; 
(2) by striking subparagraph (A) and inserting 
the following: 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
‘‘(A) attend any provisioning conference or 
similar evaluation session during which a deter-
mination may be made with respect to the pro-
curement method to be used to satisfy a re-
quirement, review any acquisition plan with re-
spect to a requirement, and make recommenda-
tions regarding procurement method determina-
tions and acquisition plans;’’; 
(3) in subparagraph (B)— 
(A) by striking ‘‘(B) review, at any time, 
restrictions on competition’’ and inserting the 
following: 
‘‘(B) review, at any time, barriers to small 
business participation in Federal contracting’’; 
(B) by striking ‘‘items’’ and inserting 
‘‘goods and services’’; and 
(C) by striking ‘‘limitations’’ and inserting 
‘‘barriers’’; 
(4) in subparagraph (C) by striking ‘‘(C) review 
restrictions on competition’’ and inserting the fol-
lowing: 
‘‘(C) review barriers to small business par-
ticipation in Federal contracting’’; 
(5) by striking subparagraph (D) and inserting 
the following: 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
‘‘(D) review any bundled or consolidated 
solicitation or contract in accordance with this 
Act;’’; 
(6) in subparagraph (E) by striking ‘‘(E) have 
access to’’ and inserting the following: 
‘‘(E) have access to’’; and 
(7) by striking subparagraphs (F) and (G) and 
inserting the following: 
‘‘(F) receive, from personnel responsible 
for reviewing unsolicited proposals, copies of 
unsolicited proposals from small business con-
cerns and any information on outcomes relating 
to such proposals; 
‘‘(G) participate in any session or planning 
process and review any documents with respect 
to a decision to convert an activity performed 
by a small business concern to an activity per-
formed by a Federal employee; 
‘‘(H) have electronic access to any acquisi-
tion plan developed or in development with re-
spect to a procurement activity; 
‘‘(I) be an advocate for the maximum prac-
ticable utilization of small business concerns in 
Federal contracting, including by advocating 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
against the bundling of contract requirements 
when not justified; and 
‘‘(J) carry out any other responsibility as-
signed by the Administrator.’’. 
(d) APPEALS.—Section 15(l)(3) of such Act (15 
U.S.C. 644(l)(3)) is amended by striking ‘‘(3) A breakout 
procurement center representative’’ and inserting the fol-
lowing: 
‘‘(3) APPEALS.—A procurement center rep-
resentative’’. 
(e) NOTIFICATION AND INCLUSION.—Paragraph (4) 
of section 15(l) of such Act (15 U.S.C. 644(l)) is amended 
to read as follows: 
‘‘(4) NOTIFICATION AND INCLUSION.—A pro-
curement center representative shall be notified of 
and included in all applicable acquisition planning 
processes.’’. 
(f) POSITION REQUIREMENTS.—Section 15(l)(5) of 
such Act (15 U.S.C. 644(l)(5)) is amended— 
(1) by striking the paragraph enumerator and 
inserting the following: 
‘‘(5) POSITION REQUIREMENTS.—’’; 
(2) by striking subparagraphs (A) and (B) and 
inserting the following: 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—A procurement center 
representative assigned under this subsection 
shall— 
‘‘(i) be a full-time employee of the Ad-
ministration; 
‘‘(ii) be fully qualified, technically 
trained, and familiar with the goods and 
services procured by the major procure-
ment center to which that representative is 
assigned; and 
‘‘(iii) have a Level III Federal Acqui-
sition Certification in Contracting (or any 
successor certification) or the equivalent 
Department of Defense certification.’’; and 
(3) in subparagraph (C) by striking ‘‘(C) The 
Administration shall establish personnel positions for 
breakout procurement representatives and advisers 
assigned pursuant to’’ and inserting the following: 
‘‘(B) COMPENSATION.—The Administrator 
shall establish personnel positions for procure-
ment center representatives assigned under’’. 
(g) MAJOR PROCUREMENT CENTER DEFINED.—Sec-
tion 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amend-
ed— 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
(1) by striking ‘‘(6) For purposes’’ and insert-
ing the following: 
‘‘(6) 
MAJOR
PROCUREMENT
CENTER
DE-
FINED.—For purposes’’; and 
(2) by striking ‘‘other than commercial items 
and which has the potential to incur significant sav-
ings as the result of the placement of a breakout 
procurement center representative’’ and inserting 
‘‘goods or services, including goods or services that 
are commercially available’’. 
(h) TRAINING.—Section 15(l)(7) of such Act (15 
U.S.C. 644(l)(7)) is amended— 
(1) by striking the paragraph enumerator and 
inserting the following: 
‘‘(7) TRAINING.—’’; 
(2) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) AUTHORIZATION.—At such times as 
the Administrator deems appropriate, a pro-
curement center representative shall provide 
training for contracting officers, other appro-
priate personnel of the procurement center to 
which such representative is assigned, and small 
businesses groups seeking to do business with 
such procurement center. Such training shall 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
acquaint the participants with the provisions of 
this subsection and shall instruct the partici-
pants in methods designed to further the pur-
poses of this subsection. 
‘‘(B) LIMITATION.—A procurement center 
representative may provide training under sub-
paragraph (A) only to the extent that the train-
ing does not interfere with the representative 
carrying out other activities under this sub-
section.’’; and 
(3) in subparagraph (B)— 
(A) by striking ‘‘(B) The breakout pro-
curement center representative’’ and inserting 
the following: 
‘‘(8) ANNUAL BRIEFING AND REPORT.—A pro-
curement center representative’’; and 
(B) by striking ‘‘sixty’’ and inserting ‘‘60’’. 
SEC. 102. SMALL BUSINESS ACT CONTRACTING REQUIRE-
MENTS TRAINING. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Defense Acquisition 
University and the Federal Acquisition Institute shall each 
provide a course on contracting requirements under the 
Small Business Act. 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
(b) COURSE REQUIRED.—To have a Federal Acquisi-
tion Certification in Contracting (or any successor certifi-
cation) or the equivalent Department of Defense certifi-
cation an individual shall be required to complete the 
course established under subsection (a). 
TITLE II—ACQUISITION 
PLANNING 
SEC. 201. ACQUISITION PLANNING. 
Section 15(e)(1) of the Small Business Act (15 
U.S.C. 644(e)(1)) is amended— 
(1) by striking ‘‘the various agencies’’ and in-
serting ‘‘a Federal department or agency’’; and 
(2) by striking the period and inserting ‘‘and 
each such Federal department or agency shall— 
‘‘(A) enumerate opportunities for the par-
ticipation of small business concerns during all 
acquisition planning processes and in all acqui-
sition plans; 
‘‘(B) invite the participation of the appro-
priate Director of Small and Disadvantaged 
Business Utilization in all acquisition planning 
processes and provide that Director access to all 
acquisition plans in development; and 
‘‘(C) invite the participation of the appro-
priate procurement center representative in all 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS
acquisition planning processes and provide that 
representative access to all acquisition plans in 
development.’’. 
Æ 
VerDate Mar 15 2010 
06:19 Feb 09, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H3980.IH
H3980
jbell on DSK7SPTVN1PROD with BILLS