A BILL
To promote the participation of small business enterprises,
including minority small businesses, in Federal procure-
ment and Government contracts, 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.
This Act may be cited as the ‘‘Small Business and Mi-
nority Small Business Procurement Opportunities Act of
1994’’.
SEC. 2. FUNCTIONS OF SMALL BUSINESS ADMINISTRATION.
The Small Business Act (15 U.S.C. 631 et seq.) is
amended by inserting before section 30 the following:
‘‘SEC. 29. The Administrator of the Small Business
Administration, in coordination with other Federal agen-
cies, shall—
‘‘(1) develop plans to coordinate and promote the
use of the Federal Acquisition Computer Network by
small businesses that incorporate outreach efforts by
the Administration, agency Offices of Small and Dis-
advantaged Business Utilization, Small Business De-
velopment Centers, and other appropriate organiza-
tions;
‘‘(2) inform and provide consistent and com-
prehensive training on the Federal Acquisition Com-
puter Network for small businesses; and
‘‘(3) provide Minority Business Development
Centers and other minority business assistance pro-
grams of the Department of Commerce information
on procurement opportunities and access to the Fed-
eral Acquisition Computer Network.’’.
SEC. 3. SMALL BUSINESS RESERVATION.
Section 15(j) of the Small Business Act (15 U.S.C.
644(j)) is amended to read as follows:
‘‘(j)(1) Each contract for the procurement of goods and
services that has an anticipated value not in excess of
$100,000 or the simplified acquisition threshold, whichever
is higher, shall be reserved exclusively for small business
concerns unless the contracting officer is unable to obtain
offers from 2 or more small business concerns that (A) are
competitive with market prices, and (B) are competitive
with regard to the quality and delivery of the goods or serv-
ices being procured.
‘‘(2) In carrying out paragraph (1), a contracting offi-
cer shall consider any effort that is responsive and that is
received in a timely manner from an eligible small business
offeror.
‘‘(3) Nothing in paragraph (1) shall be construed as
precluding an award of a contract with a value not in ex-
cess of $100,000 under the authority of—
‘‘(A) section 8(a) of this Act;
‘‘(B) section 2323 of title 10, United States Code;
‘‘(C) subsection (g) of this section; or
‘‘(D) section 12 of the Business Opportunity De-
velopment Reform Act of 1988.
‘‘(4) A purchase by an executive agency with an an-
ticipated value of the micropurchase threshold or less shall
not be subject to the small business reserve requirements of
paragraph (1).’’.
SEC. 4. TECHNICAL AND CONFORMING CHANGES.
(a) 
SIMPLIFIED
ACQUISITION
THRESHOLD
DE-
FINED.—Section 3(m) of the Small Business Act (15 U.S.C.
632(m)) is amended to read as follows:
‘‘(m) For purposes of this Act, the term ‘simplified ac-
quisition threshold’ has the meaning given such term in sec-
tion 4A of the Office of Federal Procurement Policy Act and
the term ‘micro-purchase threshold’ has the meaning given
such term in section 4B(e) of such Act.’’.
(b) CONFORMING AMENDMENT.—Section 8(d)(2)(A) of
the Small Business Act (15 U.S.C. 637(d)(2)(A)) is amend-
ed by striking ‘‘does not exceed the small purchase thresh-
old’’ and inserting ‘‘is for an amount not in excess of the
simplified acquisition threshold’’.
SEC. 5. CONTRACT GOALS FOR SMALL BUSINESSES OWNED
BY SOCIALLY DISADVANTAGED INDIVIDUALS
AND BY WOMEN.
Section 15(g) of the Small Business Act (15 U.S.C.
644(g)) is amended to read as follows:
‘‘(g)(1) In order to carry out the small business objec-
tives and findings set forth in section 2(a) of this Act, and
in order to help remedy the past discrimination against
businesses owned and controlled by socially disadvantaged
individuals as set forth in the congressional findings in sec-
tion 2(f) of this Act, and in order to help remedy the past
discrimination against businesses owned and controlled by
women as set forth in the congressional findings in section
2(h) of this Act, the President annually shall establish Gov-
ernment-wide goals, which shall not be interpreted as
quotas, for procurement contracts awarded to small business
concerns, small business concerns owned and controlled by
socially disadvantaged individuals, and small business con-
cerns owned and controlled by women. The Government-
wide goal for participation by small business concerns shall
be established at not less than 25 percent of the total value
of all prime contract awards for each fiscal year. The Gov-
ernment-wide goal for participation by small business con-
cerns owned and controlled by socially disadvantaged indi-
viduals shall be established at not less than 5 percent of
the total value of all prime contract and subcontract awards
for each fiscal year. The Government-wide goal for partici-
pation by small business concerns owned and controlled by
women shall be established at not less than 5 percent of the
total value of all prime contract and subcontract awards
for each fiscal year. Individual agency small business and
women-owned small business goals shall be negotiated an-
nually between each agency and the Administration.
‘‘(2) A goal of not less than 5 percent of the amount
described in paragraph (4) shall be established by each exec-
utive agency in each of fiscal years 1994 through 2000 for
the total combined amount obligated for contracts, includ-
ing any agency contracts for such things as travel services
and food services which do not directly involve appro-
priated or obligated funds but from which the agency de-
rives benefit, and subcontracts entered into with small busi-
ness concerns owned and controlled by socially disadvan-
taged individuals, the majority of the earnings of which di-
rectly accrue to such individuals.
‘‘(3) The Administrator for Federal Procurement Pol-
icy, in consultation with the Administration, shall provide
procedures or guidelines for contracting officers to set goals
which executive agency prime contractors that are required
to submit subcontracting plans under section 8(d) in fur-
therance of the agency’s program to meet the 5 percent goal
specified in paragraph (2) should meet in awarding sub-
contracts to entities described in that paragraph.
‘‘(4) The requirements of paragraphs (2) and (3) for
any fiscal year apply to the total value of all prime contract
awards entered into by the executive agency for such fiscal
year.
‘‘(5)(A) To attain the goal specified in paragraph (2),
the head of the agency shall provide technical assistance to
the entities described in that paragraph.
‘‘(B) Technical assistance provided under this section
shall include information about the program, advice about
the agency’s procurement procedures, instruction in prepa-
ration of proposals, and such other assistance as the agency
head considers appropriate. If the resources of the executive
agency are inadequate to provide such assistance, the agen-
cy head may enter into contracts with minority private sec-
tor entities with experience and expertise in the design, de-
velopment, and delivery of technical assistance services to
eligible individuals, business firms and institutions, acqui-
sition agencies, and prime contractors. Agency contracts
with such entities shall be awarded annually based upon,
among other things, the number of minority small business
concerns that each such entity brings into the program.