IB 
Union Calendar No. 734 
115TH CONGRESS 
2D SESSION 
H. R. 6369 
[Report No. 115–943] 
To amend the Small Business Act to eliminate the inclusion of option years 
in the award price for sole source contracts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2018 
Mr. MARSHALL (for himself and Mr. SCHNEIDER) introduced the following 
bill; which was referred to the Committee on Small Business 
SEPTEMBER 12, 2018 
Additional sponsor: Miss GONZA´LEZ-COLO´N of Puerto Rico 
SEPTEMBER 12, 2018 
Reported with an amendment, 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 July 13, 2018] 
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A BILL 
To amend the Small Business Act to eliminate the inclusion 
of option years in the award price for sole source con-
tracts, 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. 
This Act may be cited as the ‘‘Expanding Contracting 
Opportunities for Small Businesses Act of 2018’’. 
SEC. 2. AMENDMENTS TO CONTRACTING AUTHORITY FOR 
CERTAIN SMALL BUSINESS CONCERNS. 
(a) QUALIFIED HUBZONE SMALL BUSINESS CON-
CERNS.—Subparagraph (A) of section 31(b)(2) of the Small 
Business Act (15 U.S.C. 657a(b)(2)) is amended to read as 
follows: 
‘‘(A) SOLE
SOURCE
CONTRACTS.—A con-
tracting officer may award sole source contracts 
under this section to any qualified HUBZone 
small business concern, if— 
‘‘(i) the qualified HUBZone small 
business concern is determined to be a re-
sponsible contractor with respect to per-
formance of such contract opportunity; 
‘‘(ii) the contracting officer does not 
have a reasonable expectation that two or 
more qualified HUBZone small business 
concerns will submit offers for the con-
tracting opportunity; 
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‘‘(iii) the anticipated award price of 
the contract will not exceed— 
‘‘(I) $7,000,000, in the case of a 
contract opportunity assigned a stand-
ard industrial classification code for 
manufacturing; or 
‘‘(II) $4,000,000, in the case of all 
other contract opportunities; and 
‘‘(iv) in the estimation of the con-
tracting officer, the contract award can be 
made at a fair and reasonable price.’’. 
(b) SMALL BUSINESS CONCERN OWNED AND CON-
TROLLED BY SERVICE-DISABLED VETERANS.—Subsection 
(a) of section 36 of the Small Business Act (15 U.S.C. 657f) 
is amended to read as follows: 
‘‘(a) SOLE SOURCE CONTRACTS.—In accordance with 
this section, a contracting officer may award a sole source 
contract to any small business concern owned and con-
trolled by service-disabled veterans if— 
‘‘(1) such concern is determined to be a respon-
sible contractor with respect to performance of such 
contract opportunity; 
‘‘(2) the contracting officer does not have a rea-
sonable expectation that two or more small business 
concerns owned and controlled by service-disabled vet-
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erans will submit offers for the contracting oppor-
tunity; 
‘‘(3) the anticipated award price of the contract 
will not exceed— 
‘‘(A) $7,000,000, in the case of a contract 
opportunity assigned a standard industrial clas-
sification code for manufacturing; or 
‘‘(B) $4,000,000, in the case of any other 
contract opportunity; 
‘‘(4) in the estimation of the contracting officer, 
the contract award can be made at a fair and reason-
able price; 
‘‘(5) the contracting officer has notified the Ad-
ministration of the intent to make such award and 
requested that the Administration determine the con-
cern’s eligibility for award; and 
‘‘(6) the Administration has determined that 
such concern is eligible for award.’’. 
(c) CERTAIN SMALL BUSINESS CONCERNS OWNED AND 
CONTROLLED BY WOMEN.—Section 8(m) of the Small Busi-
ness Act (15 U.S.C. 637(m)) is amended— 
(1) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) AUTHORITY FOR SOLE SOURCE CONTRACTS 
FOR
ECONOMICALLY
DISADVANTAGED
SMALL
BUSI-
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NESS
CONCERNS
OWNED
AND
CONTROLLED
BY 
WOMEN.—A contracting officer may award a sole 
source contract under this subsection to any small 
business concern owned and controlled by women de-
scribed in paragraph (2)(A) and certified under para-
graph (2)(E) if— 
‘‘(A) such concern is determined to be a re-
sponsible contractor with respect to performance 
of the contract opportunity; 
‘‘(B) the contracting officer does not have a 
reasonable expectation that two or more busi-
nesses described in paragraph (2)(A) will submit 
offers; 
‘‘(C) the anticipated award price of the con-
tract will not exceed— 
‘‘(i) $7,000,000, in the case of a con-
tract opportunity assigned a standard in-
dustrial classification code for manufac-
turing; or 
‘‘(ii) $4,000,000, in the case of any 
other contract opportunity; 
‘‘(D) in the estimation of the contracting of-
ficer, the contract award can be made at a fair 
and reasonable price; 
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‘‘(E) the contracting officer has notified the 
Administration of the intent to make such award 
and requested that the Administration determine 
the concern’s eligibility for award; and 
‘‘(F) the Administration has determined 
that such concern is eligible for award.’’; and 
(2) by amending paragraph (8) to read as fol-
lows: 
‘‘(8) AUTHORITY FOR SOLE SOURCE CONTRACTS 
FOR SMALL BUSINESS CONCERNS OWNED AND CON-
TROLLED BY WOMEN IN SUBSTANTIALLY UNDERREP-
RESENTED INDUSTRIES.—A contracting officer may 
award a sole source contract under this subsection to 
any small business concern owned and controlled by 
women certified under paragraph (2)(E) that is in an 
industry in which small business concerns owned and 
controlled by women are substantially underrep-
resented (as determined by the Administrator under 
paragraph (3)) if— 
‘‘(A) such concern is determined to be a re-
sponsible contractor with respect to performance 
of the contract opportunity; 
‘‘(B) the contracting officer does not have a 
reasonable expectation that two or more busi-
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nesses in an industry that has received a waiver 
under paragraph (3) will submit offers; 
‘‘(C) the anticipated award price of the con-
tract will not exceed— 
‘‘(i) $7,000,000, in the case of a con-
tract opportunity assigned a standard in-
dustrial classification code for manufac-
turing; or 
‘‘(ii) $4,000,000, in the case of any 
other contract opportunity; 
‘‘(D) in the estimation of the contracting of-
ficer, the contract award can be made at a fair 
and reasonable price; 
‘‘(E) the contracting officer has notified the 
Administration of the intent to make such award 
and requested that the Administration determine 
the concern’s eligibility for award; and 
‘‘(F) the Administration has determined 
that such concern is eligible for award.’’. 
(d) ELIMINATION
OF
THE INCLUSION
OF OPTION 
YEARS IN THE AWARD PRICE FOR CONTRACTS.—Section 
8 of the Small Business Act (15 U.S.C. 637) is amended 
by striking ‘‘(including options)’’ each place such term ap-
pears. 
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SEC. 3. SBA CERTIFICATION PROGRAM NOTIFICATION. 
The Administrator of the Small Business Administra-
tion shall notify the Committee on Small Business of the 
House of Representatives and the Committee on Small 
Business and Entrepreneurship of the Senate when the Ad-
ministrator has implemented each of the following: 
(1) A program to certify small business concerns 
owned and controlled by women. 
(2) A program to certify small business concerns 
owned and controlled by service-disabled veterans. 
SEC. 4. GAO REPORT. 
(a) STUDY.—With respect to the Small Business Ad-
ministration’s procurement programs for women-owned 
small business concerns and for small business concerns 
owned and controlled by service-disabled veterans, the 
Comptroller General of the United States shall conduct an 
evaluation of the policies and practices used by the Admin-
istration and other Federal agencies to provide assurance 
that contracting officers are properly classifying sole source 
awards under those programs in the Federal Procurement 
Data System and that sole source contracts awarded under 
those programs are being awarded to eligible concerns. 
(b) REPORT.—No later than 18 months after the Small 
Business Administration implements the certification pro-
grams described under section 3, the Comptroller General 
shall issue a report to the Committee on Small Business 
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of the House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate con-
taining the findings made in carrying out the study re-
quired under subsection (a). 
(c) SBA CONSIDERATION OF GAO REPORT.— 
(1) IN
GENERAL.—The Administrator of the 
Small Business Administration shall review the re-
port issued under subsection (b) and take such actions 
as the Administrator may determine appropriate to 
address any concerns raised in such report and any 
recommendations contained in such report. 
(2) REPORT TO CONGRESS.—After the review de-
scribed under paragraph (1), the Administrator shall 
issue a report to the Congress— 
(A) stating that no additional actions were 
necessary to address any concerns or rec-
ommendations contained in the report; or 
(B) describing the actions taken by the Ad-
ministrator to resolve such concerns or imple-
ment such recommendations. 
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SEC. 5. REMOVAL OF ELIGIBILITY DETERMINATION UPON 
IMPLEMENTATION OF CERTIFICATION PRO-
GRAMS. 
Effective upon the notification described under section 
3, the Small Business Act (15 U.S.C. 631 et seq.) is amend-
ed— 
(1) in section 8(m)— 
(A) in paragraph (7)— 
(i) in subparagraph (C), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (D), by striking 
the semicolon at the end and inserting a pe-
riod; and 
(iii) by striking subparagraphs (E) 
and (F); and 
(B) in paragraph (8)— 
(i) in subparagraph (C), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (D), by striking 
the semicolon at the end and inserting a pe-
riod; and 
(iii) by striking subparagraphs (E) 
and (F); and 
(2) in section 36(a)— 
(A) in paragraph (3), by adding ‘‘and’’ at 
the end; 
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(B) in paragraph (4), by striking the semi-
colon at the end and inserting a period; and 
(C) by striking paragraphs (5) and (6). 
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Union Calendar No. 734 
115TH CONGRESS 
2D SESSION 
H. R. 6369 
[Report No. 115–943] 
A BILL 
To amend the Small Business Act to eliminate the 
inclusion of option years in the award price for 
sole source contracts, and for other purposes. 
SEPTEMBER 12, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
02:57 Sep 13, 2018
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