IB 
Union Calendar No. 71 
110TH CONGRESS 
1ST SESSION H. R. 1873 
[Report No. 110–111, Parts I and II] 
To reauthorize the programs and activities of the Small Business 
Administration relating to procurement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2007 
Mr. BRALEY of Iowa (for himself, Mr. CHABOT, and Ms. VELA´ZQUEZ) intro-
duced the following bill; which was referred to the Committee on Small 
Business 
APRIL 26, 2007 
Reported with an amendment and referred to the Committee on Oversight and 
Government Reform for a period ending not later than May 4, 2007 for 
consideration of such provisions of the bill and amendment as fall within 
the jurisdiction of that committee pursuant to clause 1(m), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 3, 2007 
Additional sponsors: Mr. BARTLETT of Maryland, Mr. JOHNSON of Georgia, 
Ms. MOORE of Wisconsin, Mr. BUCHANAN, Mr. DAVID DAVIS of Ten-
nessee, Ms. FALLIN, Mr. FORTENBERRY, Mr. HELLER of Nevada, Mrs. 
MUSGRAVE, Mr. WESTMORELAND, Mr. GRAVES, Mr. ELLSWORTH, Mr. 
SESTAK, Mr. SHULER, Mr. CUELLAR, Ms. CLARKE, Mr. JEFFERSON, Mr. 
ALTMIRE, Mr. GRIJALVA, Mr. SHUSTER, Mr. MICHAUD, Mr. LIPINSKI, 
Mr. REYES, Mr. LARSEN of Washington, Mr. GONZALEZ, Mr. JORDAN 
of Ohio, and Ms. BEAN 
MAY 3, 2007 
Reported from the Committee on Oversight and Government Reform with an 
amendment, committed to the Committee of the Whole House on the 
State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in boldface roman] 
[For text of introduced bill, see copy of bill as introduced on April 17, 2007] 
A BILL 
To reauthorize the programs and activities of the Small 
Business Administration relating to procurement, 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 Fairness in Contracting Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Regulations. 
TITLE I—CONTRACT BUNDLING 
Sec. 101. Definitions of bundling of contract requirements and related terms. 
Sec. 102. Justification. 
Sec. 103. Appeals. 
Sec. 104. Third-party review. 
TITLE II—INCREASING THE NUMBER OF SMALL BUSINESS 
CONTRACTS AND SUBCONTRACTS 
Sec. 201. Small business goal. 
Sec. 202. Include overseas contracts in small business goal. 
Sec. 203. Annual goal negotiation. 
Sec. 204. Goal reasonableness. 
Sec. 205. Usage of small companies in goal achievement. 
Sec. 206. Annual plan for each agency explaining how agency will meet small 
business goals. 
Sec. 207. Making small businesses the first choice. 
Sec. 208. Uniform metric for subcontracting achievements. 
Sec. 209. Subcontracting database. 
Sec. 210. National database. 
Sec. 211. Review of subcontracting plans. 
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Sec. 212. Agency obligation for fulfilling contracting goals. 
TITLE III—PROTECTION OF TAXPAYERS FROM FRAUD 
Sec. 301. Small business size protest notification. 
Sec. 302. Review of national registry. 
Sec. 303. Recertification of compliance with size standards and registration with 
Central Contractor Registry. 
TITLE IV—AUTHORIZATION OF APPROPRIATIONS 
Sec. 401. Authorization of appropriations. 
SEC. 2. REGULATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act— 
(1) the Administrator of the Small Business Ad-
ministration shall promulgate regulations to imple-
ment this Act and the amendments made by this Act; 
and 
(2) the Federal Acquisition Regulation shall be 
revised to implement this Act and the amendments 
made by this Act. 
(b) NOTICE AND COMMENT.—The regulations required 
by subsection (a) shall be promulgated after opportunity for 
notice and comment as required by section 553(b) of title 
5, United States Code. 
TITLE I—CONTRACT BUNDLING 
SEC. 101. DEFINITIONS OF BUNDLING OF CONTRACT RE-
QUIREMENTS AND RELATED TERMS. 
Section 3 of the Small Business Act (15 U.S.C. 632) 
is amended by amending subsection (o) to read as follows: 
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‘‘(o) DEFINITIONS OF BUNDLING OF CONTRACT RE-
QUIREMENTS AND RELATED TERMS.—For purposes of this 
Act: 
‘‘(1) BUNDLED CONTRACT.— 
‘‘(A) IN GENERAL.—The term ‘bundled con-
tract’ means a contract or order that is entered 
into to meet procurement requirements that are 
consolidated in a bundling of contract require-
ments, without regard to its designation by the 
procuring agency or whether a study of the ef-
fects of the solicitation on civilian or military 
personnel has been made. 
‘‘(B) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) a contract or order with an aggre-
gate dollar value below the dollar threshold 
specified in paragraph (4); or 
‘‘(ii) a contract or order that is entered 
into to meet procurement requirements, all 
of which are exempted requirements under 
paragraph (5). 
‘‘(2) BUNDLING OF CONTRACT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The term ‘bundling of 
contract requirements’ means the use of any bun-
dling methodology to satisfy 2 or more procure-
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ment requirements for new or existing goods or 
services, 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; 
‘‘(ii) the aggregate dollar value of the 
anticipated award; 
‘‘(iii) the geographical dispersion of the 
contract or order performance sites; or 
‘‘(iv) any combination of the factors 
described in clauses (i), (ii), and (iii). 
‘‘(B) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) the use of a bundling methodology 
for an anticipated award with an aggregate 
dollar value below the dollar threshold speci-
fied in paragraph (4); or 
‘‘(ii) the use of a bundling methodology 
to meet procurement requirements, all of 
which are exempted requirements under 
paragraph (5). 
‘‘(3) BUNDLING METHODOLOGY.—The term ‘bun-
dling methodology’ means— 
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