ment as proposed, or a trade association that in-
cludes such a small business concern as a mem-
ber, may file a protest with the Government Ac-
countability Office. If the protest is filed by a 
trade association, the trade association shall not 
be required to identify a specific member in con-
nection with the protest. 
‘‘(d) MARKET RESEARCH.— 
‘‘(1) IN GENERAL.—Before proceeding with an 
acquisition strategy that could lead to bundled con-
tracts, the head of an agency shall conduct market re-
search to determine whether bundling of the require-
ments is necessary and justified. 
‘‘(2) FACTORS.—For purposes of subsection 
(c)(1), a bundled contract is necessary and justified 
if the bundling of contract requirements will result in 
substantial measurable benefits in excess of those bene-
fits resulting from a procurement of the contract re-
quirements that does not involve contract bundling. 
‘‘(3) BENEFITS.—For the purposes of bundling of 
contract requirements, benefits described in para-
graph (2) may include the following: 
‘‘(A) Cost savings. 
‘‘(B) Quality improvements. 
‘‘(C) Reduction in acquisition cycle times. 
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‘‘(D) Better terms and conditions. 
‘‘(E) Any other benefits. 
‘‘(4) REDUCTION
OF
COSTS
NOT
DETERMINA-
TIVE.—For purposes of this subsection: 
‘‘(A) Cost savings shall not include any re-
duction in the use of military interdepartmental 
purchase requests or any similar transfer funds 
among Federal agencies for the use of a contract 
issued by another Federal agency. 
‘‘(B) The reduction of administrative or 
personnel costs alone shall not be a justification 
for bundling of contract requirements unless the 
cost savings are expected to be substantial in re-
lation to the dollar value of the procurement re-
quirements to be bundled. 
‘‘(5) LIMITATION ON ACQUISITION STRATEGY.— 
The head of a Federal agency may not carry out an 
acquisition strategy that includes bundled contracts 
valued in excess of the dollar threshold, unless the sen-
ior procurement executive or, if applicable, Chief Ac-
quisition Officer, for the Federal agency, certifies to 
the head of the Federal agency that steps will be taken 
to include small business concerns in the acquisition 
strategy prior to the implementation of such acquisi-
tion strategy. 
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‘‘(e) STRATEGY SPECIFICATIONS.—If the head of a con-
tracting agency determines that an acquisition plan or pro-
posed procurement strategy will result in a bundled con-
tract, the proposed acquisition plan or procurement strat-
egy shall— 
‘‘(1) identify specifically the benefits anticipated 
to be derived from the bundling of contract require-
ments; 
‘‘(2) set forth an assessment of the specific im-
pediments to participation by small business concerns 
as prime contractors that result from the contract 
bundling and specify actions designed to maximize 
small business participation as subcontractors (in-
cluding suppliers) at various tiers under the contract 
or contracts that are awarded to meet the require-
ments; and 
‘‘(3) include a specific determination that the 
anticipated measurable benefits of the proposed bun-
dled contract justify its use. 
‘‘(f) CONTRACT TEAMING.—In the case of a solicitation 
of offers for a bundled contract that is issued by the head 
of an agency, a small-business concern may submit an offer 
that provides for use of a particular team of subcontractors 
for the performance of the contract. The head of the agency 
shall evaluate the offer in the same manner as other offers, 
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with due consideration to the capabilities of all of the pro-
posed subcontractors. If a small business concern teams 
under this paragraph, it shall not affect its status as a 
small business concern for any other purpose. 
‘‘(g) DATABASE, ANALYSIS, AND ANNUAL REPORT RE-
GARDING CONTRACT BUNDLING.— 
‘‘(1) DATABASE.—Not later than 180 days after 
the date of the enactment of this subsection, the Ad-
ministrator shall develop and shall thereafter main-
tain a database containing data and information re-
garding— 
‘‘(A) each bundled contract awarded by a 
Federal agency; and 
‘‘(B) each small business concern that has 
been displaced as a prime contractor as a result 
of the award of such a contract. 
‘‘(2) ANALYSIS.—For each bundled contract that 
is to be recompeted, the Administrator shall deter-
mine— 
‘‘(A) the amount of savings and benefits re-
alized, in comparison with the savings and bene-
fits anticipated by the analysis required under 
subsection (d) prior to the contract award; and 
‘‘(B) whether such savings and benefits will 
continue to be realized if the contract remains 
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bundled, and whether such savings and benefits 
would be greater if the procurement requirements 
were divided into separate solicitations suitable 
for award to small business concerns. 
‘‘(3) ANNUAL
REPORT
ON
CONTRACT
BUN-
DLING.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this paragraph, 
and annually in March thereafter, the Adminis-
trator shall transmit a report on contract bun-
dling to the Committee on Small Business of the 
House of Representatives and the Committee on 
Small Business and Entrepreneurship of the 
Senate. 
‘‘(B) CONTENTS.—Each report transmitted 
under subparagraph (A) shall include— 
‘‘(i) data on the number, arranged by 
industrial classification, of small business 
concerns displaced as prime contractors as 
a result of the award of bundled contracts 
by Federal agencies; and 
‘‘(ii) a description of the activities 
with respect to previously bundled contracts 
of each Federal agency during the preceding 
year, including— 
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‘‘(I) data on the number and total 
dollar amount of all contract require-
ments that were bundled; and 
‘‘(II) with respect to each bundled 
contract, data or information on— 
‘‘(aa) the justification for the 
bundling of contract requirements; 
‘‘(bb) the cost savings real-
ized by bundling the contract re-
quirements over the life of the con-
tract; 
‘‘(cc) the extent to which 
maintaining the bundled status of 
contract requirements is projected 
to result in continued cost sav-
ings; 
‘‘(dd) the extent to which the 
bundling of contract requirements 
complied with the contracting 
agency’s small business subcon-
tracting plan, including the total 
dollar value awarded to small 
business concerns as subcontrac-
tors and the total dollar value 
previously awarded to small busi-
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ness concerns as prime contrac-
tors; and 
‘‘(ee) the impact of the bun-
dling of contract requirements on 
small business concerns unable to 
compete as prime contractors for 
the consolidated requirements and 
on the industries of such small 
business concerns, including a de-
scription of any changes to the 
proportion of any such industry 
that is composed of small business 
concerns. 
‘‘(h) BUNDLING ACCOUNTABILITY MEASURES.— 
‘‘(1) TEAMING
REQUIREMENTS.—Each Federal 
agency shall include in each solicitation for any mul-
tiple award contract above the dollar threshold a pro-
vision soliciting bids from any responsible source, in-
cluding responsible small business concerns and teams 
or joint ventures of small business concerns. 
‘‘(2) POLICIES
ON
REDUCTION
OF
CONTRACT 
BUNDLING.— 
‘‘(A) IN
GENERAL.—Not later than 270 
days after the date of enactment of this subpara-
graph, the Federal Acquisition Regulatory Coun-
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cil, established under section 25(a) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 
1302(a)), shall amend the Federal Acquisition 
Regulation issued under section 25 of such Act 
to— 
‘‘(i) establish a Government-wide pol-
icy regarding contract bundling; 
‘‘(ii) establish a Government-wide pol-
icy on the solicitation of contractor teams 
and joint ventures; and 
‘‘(iii) require that the policies estab-
lished under clauses (i) and (ii) be pub-
lished on the website of each Federal agency. 
‘‘(B) RATIONALE
FOR
CONTRACT
BUN-
DLING.—Not later than 30 days after the date on 
which the head of a Federal agency submits the 
report required under section 15(h), the head of 
the Federal agency shall publish on the website 
of the Federal agency a list and rationale for 
any bundled contract for which the Federal agen-
cy solicited bids or that was awarded by the Fed-
eral agency.’’. 
SEC. 3. REPEAL OF REDUNDANT PROVISIONS. 
(a) CERTAIN PROVISIONS REGARDING CONTRACT BUN-
DLING REPEALED.— 
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(1) Section 15(a) of the Small Business Act (15 
U.S.C. 644(a)), is amended by striking ‘‘If a proposed 
procurement includes’’ and all that follows through 
‘‘the matter shall be submitted for determination to 
the Secretary or the head of the appropriate depart-
ment or agency by the Administrator.’’. 
(2) All references in law to such sentences as they 
were in effect on the date that is one day prior to the 
effective date of this Act shall be deemed to be ref-
erences to section 44(d), as added by this Act. 
(b) CERTAIN PROVISIONS REGARDING MARKET RE-
SEARCH REPEALED.— 
(1) Paragraphs (2) through (4) of section 15(e) 
of the Small Business Act (15 U.S.C. 644(e)) are re-
pealed. 
(2) All references in law to such paragraphs, as 
in effect on the date that is one day prior to the effec-
tive date of this Act, shall be deemed to be references 
to subsections (d) through (f), respectively, of section 
44 of the Small Business Act, as added by this sec-
tion. 
(c) CERTAIN PROVISIONS REGARDING CONTRACT BUN-
DLING DATABASE REPEALED.— 
(1) Paragraph (1) of section 15(p) of the Small 
Business Act (15 U.S.C. 644(p)) is repealed. 
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(2) Paragraphs (2) through (4) of section 15(p) 
of the Small Business Act (15 U.S.C 644(p)) are re-
pealed. All references in law to such paragraphs, as 
in effect on the date that is one day prior to the effec-
tive date of this Act, shall be deemed to be references 
to paragraphs (1) through (3), respectively, of section 
44(h) of the Small Business Act, as added by this Act. 
(d) CERTAIN PROVISIONS REGARDING BUNDLING AC-
COUNTABILITY MEASURES REPEALED.— 
(1) Paragraphs (1) and (2) of section 15(q) of 
the Small Business Act (15 U.S.C 644(q)) are re-
pealed. 
(2) All references in law to such paragraphs, as 
in effect on the date that is one day prior to the effec-
tive date of this Act, shall be deemed to be references 
to paragraphs (1) and (2), respectively, of section 
44(i) of the Small Business Act, as added by this Act. 
(e) CERTAIN PROVISIONS REGARDING.—Subsection (o) 
of section 3 of the Small Business Act (15 U.S.C.) is re-
pealed. 
SEC. 4. TECHNICAL AMENDMENTS. 
Section 15 of the Small Business Act (15 U.S.C. 644) 
is amended— 
(1) in the heading of subsection (p), to read as 
follows: ‘‘ACCESS TO DATA.—’’; and 
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(2) in the heading of subsection (q), to read as 
follows: ‘‘REPORTS RELATED TO PROCUREMENT CEN-
TER REPRESENTATIVES.—’’. 
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Union Calendar No. 528 
112TH CONGRESS 
2D SESSION 
H. R. 4081 
[Report No. 112–725] 
A BILL 
To amend the Small Business Act to consolidate 
and revise provisions relating to contract bun-
dling, and for other purposes. 
DECEMBER 21, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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