IIB 
115TH CONGRESS 
2D SESSION 
H. R. 6369 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 26, 2018 
Received; read twice and referred to the Committee on Small Business and 
Entrepreneurship 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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; 
‘‘(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-
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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.—Sub-
section (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 
veterans will submit offers for the contracting oppor-
tunity; 
‘‘(3) the anticipated award price of the contract 
will not exceed— 
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‘‘(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 rea-
sonable price; 
‘‘(5) the contracting officer has notified the Ad-
ministration of the intent to make such award and 
requested that the Administration determine the 
concern’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 Business Act (15 U.S.C. 637(m)) is amended— 
(1) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) AUTHORITY
FOR
SOLE
SOURCE
CON-
TRACTS
FOR
ECONOMICALLY
DISADVANTAGED 
SMALL
BUSINESS
CONCERNS
OWNED
AND
CON-
TROLLED
BY
WOMEN.—A contracting officer may 
award a sole source contract under this subsection 
to any small business concern owned and controlled 
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‘‘(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
CON-
TRACTS
FOR
SMALL
BUSINESS
CONCERNS
OWNED 
AND CONTROLLED BY WOMEN IN SUBSTANTIALLY 
UNDERREPRESENTED
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 sub-
stantially underrepresented (as determined by the 
Administrator under paragraph (3)) if— 
‘‘(A) such concern is determined to be a 
responsible contractor with respect to perform-
ance of the contract opportunity; 
‘‘(B) the contracting officer does not have 
a reasonable expectation that two or more busi-
nesses in an industry that has received a waiver 
under paragraph (3) will submit offers; 
‘‘(C) the anticipated award price of the 
contract will not exceed— 
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‘‘(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 
officer, 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. 
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 
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Business and Entrepreneurship of the Senate when the 
Administrator has implemented each of the following: 
(1) A program to certify small business con-
cerns owned and controlled by women. 
(2) A program to certify small business con-
cerns owned and controlled by service-disabled vet-
erans. 
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 Ad-
ministration and other Federal agencies to provide assur-
ance that contracting officers are properly classifying sole 
source awards under those programs in the Federal Pro-
curement Data System and that sole source contracts 
awarded under those programs are being awarded to eligi-
ble concerns. 
(b) REPORT.—No later than 18 months after the 
Small Business Administration implements the certifi-
cation programs described under section 3, the Comp-
troller General shall issue a report to the Committee on 
Small Business of the House of Representatives and the 
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Committee on Small Business and Entrepreneurship of 
the Senate containing the findings made in carrying out 
the study required 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 ac-
tions as the Administrator may determine appro-
priate to address any concerns raised in such report 
and any recommendations contained in such report. 
(2) REPORT TO CONGRESS.—After the review 
described 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 
Administrator to resolve such concerns or im-
plement such recommendations. 
SEC. 5. REMOVAL OF ELIGIBILITY DETERMINATION UPON 
IMPLEMENTATION OF CERTIFICATION PRO-
GRAMS. 
Effective upon the notification described under sec-
tion 3, the Small Business Act (15 U.S.C. 631 et seq.) 
is amended— 
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(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 
period; 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 
period; and 
(iii) by striking subparagraphs (E) 
and (F); and 
(2) in section 36(a)— 
(A) in paragraph (3), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the semi-
colon at the end and inserting a period; and 
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(C) by striking paragraphs (5) and (6). 
Passed the House of Representatives September 25, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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