IB 
Union Calendar No. 525 
112TH CONGRESS 
2D SESSION 
H. R. 3980 
[Report No. 112–722] 
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 
DECEMBER 21, 2012 
Additional sponsors: Mr. GRAVES of Missouri, Mr. MULVANEY, Mr. CHABOT, 
Mr. WALSH of Illinois, Mr. WEST, Mr. HANNA, Mr. SCHILLING, Mr. TIP-
TON, Mrs. ELLMERS, and Mr. MCKEON 
DECEMBER 21, 2012 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 8, 2012] 
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A BILL 
To amend the Small Business Act with respect to procure-
ment center representatives and acquisition planning, 
and for other purposes. 
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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. 
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 Business 
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 section 
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 assist-
ance as may be appropriate.’’. 
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(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 respon-
sibilities assigned by the Administration, a breakout’’ 
and inserting the following: 
‘‘(2) ACTIVITIES.—A’’; 
(2) by striking subparagraph (A) and inserting 
the following: 
‘‘(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 require-
ment, review any acquisition plan with respect 
to a requirement, and make recommendations re-
garding procurement method determinations 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 
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(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: 
‘‘(D) review any bundled or consolidated so-
licitation 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 unso-
licited proposals from small business concerns 
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 
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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 
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 procure-
ment center representative’’ and inserting the following: 
‘‘(3) APPEALS.—A procurement center represent-
ative’’. 
(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 procure-
ment center representative shall be notified of and in-
cluded in all applicable acquisition planning proc-
esses.’’. 
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(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: 
‘‘(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 procurement 
center to which that representative is as-
signed; and 
‘‘(iii) have a Level III Federal Acquisi-
tion Certification in Contracting (or any 
successor certification) or the equivalent De-
partment of Defense certification, except 
that any person serving in such a position 
on the date of enactment of this clause may 
continue to serve in that position for a pe-
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riod of 5 years without the required certifi-
cation.’’; and 
(3) in subparagraph (C) by striking ‘‘(C) The 
Administration shall establish personnel positions for 
breakout procurement representatives and advisers as-
signed 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— 
(1) by striking ‘‘(6) For purposes’’ and inserting 
the following: 
‘‘(6) MAJOR PROCUREMENT CENTER DEFINED.— 
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 pro-
curement center representative’’ and inserting ‘‘goods 
or services, including goods or services that are com-
mercially available’’. 
(h) TRAINING.—Section 15(l)(7) of such Act (15 U.S.C. 
644(l)(7)) is amended— 
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(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 procure-
ment center representative shall provide training 
for contracting officers, other appropriate per-
sonnel of the procurement center to which such 
representative is assigned, and small businesses 
groups seeking to do business with such procure-
ment center. Such training shall acquaint the 
participants with the provisions of this sub-
section and shall instruct the participants in 
methods designed to further the purposes 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 car-
rying out other activities under this subsection.’’; 
and 
(3) in subparagraph (B)— 
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(A) by striking ‘‘(B) The breakout procure-
ment center representative’’ and inserting the fol-
lowing: 
‘‘(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 Uni-
versity and the Federal Acquisition Institute shall each pro-
vide a course on contracting requirements under the Small 
Business Act, including the requirements for small business 
concerns owned and controlled by service-disabled veterans, 
qualified HUBZone small business concerns, small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns 
owned and controlled by women. 
(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). 
(c) REQUIREMENT THAT BUSINESS OPPORTUNITY 
SPECIALISTS BE CERTIFIED.—Section 7(j)(10)(D)(i) of the 
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Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is amend-
ed by inserting after ‘‘to assist such Program Participant.’’ 
the following: ‘‘The Business Opportunity Specialist shall 
have a Level I Federal Acquisition Certification in Con-
tracting (or any successor certification) or the equivalent 
Department of Defense certification, except that a Business 
Opportunity Specialist serving at the time of the date of 
enactment of the Small Business Opportunity Act of 2012 
may continue to serve as a Business Opportunity Specialist 
for a period of 5 years beginning on that date of enactment 
without such a certification.’’. 
(d) GAO REPORT.—Not later than 365 days after the 
date of enactment of this Act, the Comptroller General of 
the United States shall conduct a study and submit a report 
to the Committee on Small Business of the House of Rep-
resentatives and the Committee on Small Business and En-
trepreneurship of the Senate on the relationship between the 
size and quality of the acquisition workforce and the Fed-
eral government’s ability to maximize the utilization of 
small businesses in Federal procurement. The report shall 
specifcally address the following: 
(1) The extent to which training on small busi-
ness contracting laws affects a contracting officer’s de-
termination to use one of the contracting authorities 
provided in the Small Business Act. 
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(2) The relationship between a robust Federal ac-
quisition workforce and small business success in ob-
taining Federal contracting opportunities. 
(3) The effect on economic growth if small busi-
nesses experienced a significant reduction in small 
business procurement activities. 
(4) The effect of the anticipated acceleration of 
retirements by the acquisition workforce on small 
business procurement opportunities. 
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 
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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 
acquisition planning processes and provide that 
representative access to all acquisition plans in 
development.’’. 
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Union Calendar No. 525 
112TH CONGRESS 
2D SESSION 
H. R. 3980 
[Report No. 112–722] 
A BILL 
To amend the Small Business Act with respect to 
procurement center representatives and acquisi-
tion planning, and for other purposes. 
DECEMBER 21, 2012 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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