Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Contractor Opportunity 
Protection Act of 2012’’. 
SEC. 2. CONSOLIDATION OF PROVISIONS RELATING TO 
CONTRACT BUNDLING. 
Section 44 of the Small Business Act (15 U.S.C. 657q) 
is amended to read as follows: 
‘‘SEC. 44. CONTRACT BUNDLING. 
‘‘(a) DEFINITIONS.—In this Act: 
‘‘(1) BUNDLED CONTRACT.—The term ‘bundled 
contract’— 
‘‘(A) means a contract that is entered into 
to meet procurement requirements that are com-
bined in a bundling of contract requirements, 
without regard to whether a study of the effects 
of the solicitation on Federal officers or employ-
ees has been made; and 
‘‘(B) does not include— 
‘‘(i) a contract with an aggregate dol-
lar value below the dollar threshold; or 
‘‘(ii) a single award contract for the 
acquisition of a weapons system acquired 
through a major defense acquisition. 
VerDate Mar 15 2010 
23:09 Dec 21, 2012
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H4081.RH
H4081
tkelley on DSK3SPTVN1PROD with
‘‘(2) BUNDLING METHODOLOGY.—The term ‘bun-
dling methodology’ means— 
‘‘(A) a solicitation to obtain offers for a sin-
gle contract or a multiple award contract; 
‘‘(B) a solicitation of offers for the issuance 
of a task or a delivery order under an existing 
single or multiple award contract; or 
‘‘(C) the creation of any new procurement 
requirements that permits a combination of con-
tract requirements, including any combination 
of contract requirements or order requirements. 
‘‘(3) BUNDLING OF CONTRACT REQUIREMENTS.— 
The term ‘bundling of contract requirements’, with re-
spect to the contract requirements of a Federal agen-
cy— 
‘‘(A) means the use of any bundling meth-
odology to satisfy 2 or more procurement re-
quirements for new or existing goods or services 
provided to or performed for the Federal agency, 
including any construction services, that is likely 
to be unsuitable for award to a small-business 
concern due to— 
‘‘(i) the diversity, size, or specialized 
nature of the elements of the performance 
specified; 
VerDate Mar 15 2010 
23:09 Dec 21, 2012
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H4081.RH
H4081
tkelley on DSK3SPTVN1PROD with
‘‘(ii) the aggregate dollar value of the 
anticipated award; 
‘‘(iii) the geographical dispersion of the 
contract performance sites; or 
‘‘(iv) any combination of the factors 
described in clauses (i), (ii), and (iii); and 
‘‘(B) does not include the use of a bundling 
methodology for an anticipated award with an 
aggregate dollar value below the dollar threshold. 
‘‘(4) CHIEF
ACQUISITION
OFFICER.—The term 
‘Chief Acquisition Officer’ means the employee of a 
Federal agency designated as the Chief Acquisition 
Officer for the Federal agency under section 16(a) of 
the Office of Federal Procurement Policy Act (41 
U.S.C. 1702(a)). 
‘‘(5) CONTRACT.—The term ‘contract’ includes, 
for purposes of this section, any task order made pur-
suant to an indefinite quantity, indefinite delivery 
contract. 
‘‘(6) CONTRACT BUNDLING.—The term ‘contract 
bundling’ means the process by which a bundled con-
tract is created. 
‘‘(7) DOLLAR
THRESHOLD.—The term ‘dollar 
threshold’ means— 
VerDate Mar 15 2010 
23:09 Dec 21, 2012
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H4081.RH
H4081
tkelley on DSK3SPTVN1PROD with
‘‘(A) in the case of a contract for construc-
tion, $5,000,000; and 
‘‘(B) in any other case, $2,000,000. 
‘‘(8) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘major defense acquisition program’ has the 
meaning given in section 2430(a) of title 10, United 
States Code. 
‘‘(9) PREVIOUSLY
BUNDLED
CONTRACT.—The 
term ‘previously bundled contract’ means a contract 
that is the successor to a contract that required a 
bundling analysis, contract for which any of the suc-
cessor contract were designated as a consolidated con-
tract or bundled contract in the Federal procurement 
database, or a contract for which the Administrator 
designated the prior contract as a bundled contract. 
‘‘(10) PROCUREMENT ACTIVITY.—The term ‘pro-
curement activity’ means the Federal agency or office 
thereof acquiring goods or services. 
‘‘(11) PROCUREMENT REQUIREMENT.—The term 
‘procurement requirement’ means a determination by 
an agency that a specified good or service is needed 
to satisfy the mission of the agency. 
‘‘(12) SENIOR PROCUREMENT EXECUTIVE.—The 
term ‘senior procurement executive’ means an official 
designated under section 16(c) of the Office of Federal 
VerDate Mar 15 2010 
23:09 Dec 21, 2012
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H4081.RH
H4081
tkelley on DSK3SPTVN1PROD with
Procurement Policy Act (41 U.S.C. 1702(c)) as the 
senior procurement executive for a Federal agency. 
‘‘(b) POLICY.—The head of each Federal agency shall 
ensure that the decisions made by the Federal agency re-
garding contract bundling are made with a view to pro-
viding small business concerns with the maximum prac-
ticable opportunities to participate as prime contractors 
and subcontractors in the procurements of the Federal agen-
cy. 
‘‘(c) CONTRACT BUNDLING.— 
‘‘(1) PROPOSED
PROCUREMENTS.—Paragraphs 
(2) through (4) shall apply to to a proposed procure-
ment if the proposed procurement— 
‘‘(A) would adversely affect one or more 
small business concerns, including the potential 
loss of an existing contract; 
‘‘(B) includes, in its statement of work, 
goods or services— 
‘‘(i)(I) currently being performed by a 
small business; and 
‘‘(II) if the proposed procurement is in 
a quantity or estimated dollar value the 
magnitude of which renders small business 
prime contract participation unlikely; or 
VerDate Mar 15 2010 
23:09 Dec 21, 2012
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H4081.RH
H4081
tkelley on DSK3SPTVN1PROD with
‘‘(ii)(I) that are of a type that the Ad-
ministrator through market research can 
demonstrate that two or more small busi-
nesses are capable of performing; and 
‘‘(II) if the proposed procurement 
would be combined with other requirements 
for goods and services; 
‘‘(C) is for construction and— 
‘‘(i) seeks to package or combine dis-
crete construction projects; or 
‘‘(ii) the value of the goods or services 
subject to the contract exceeds the dollar 
threshold; or 
‘‘(D) is determined by the Administrator to 
have a solicitation that involves an unnecessary 
or unjustified bundling of contract requirements. 
‘‘(2) RESPONSIBILITY OF THE PROCUREMENT AC-
TIVITY.—At least 45 days prior to the issuance of a 
solicitation, the Procurement Activity shall notify 
and provide a copy of the proposed procurement to 
the procurement center representative assigned to the 
Procurement Activity. The 45-day notification process 
under this paragraph shall occur concurrently with 
other processing steps required prior to issuance of the 
solicitation. The notice shall include a statement set-
VerDate Mar 15 2010 
23:09 Dec 21, 2012
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H4081.RH
H4081
tkelley on DSK3SPTVN1PROD with