I
103D CONGRESS
1ST SESSION
H. R. 2662
To amend the Small Business Act to modify the small business and capital
ownership development program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1993
Mr. RICHARDSON (for himself, Mr. MACHTLEY, Mr. MFUME, Ms. ROS-
LEHTINEN, Mr. ORTIZ, Mr. TORRES, Mr. PASTOR, Mr. TOWNS, Mr.
SERRANO, Mr. OBERSTAR, Mr. DELUGO, Mr. HASTINGS, Mr. PETERSON
of Minnesota, Mr. LEWIS of California, Mr. BILBRAY, and Mr. MATSUI
introduced the following bill; which was referred to the Committee on
Small Business
A BILL
To amend the Small Business Act to modify the small busi-
ness and capital ownership development program, 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 ‘‘Business Improvement
Act of 1993’’.
SEC. 2. BUSINESS ACTIVITY TARGETS.
Notwithstanding any other provision of law, in ad-
ministering the small business and capital ownership de-
velopment program established by section 7(j)(10) of the
Small Business Act, the Administrator of the Small Busi-
ness Administration shall consider any contract awarded
to a program participant before the date of the enactment
of this Act under section 8(a)(1)(D) of such Act to be
a contract awarded other than pursuant to section 8(a)
of such Act for purposes of attainment of business activity
targets under regulations issued pursuant to section
7(j)(10)(I)(iii) of such Act.
SEC. 3. PROCUREMENT PROCEDURES.
Section 8 of the Small Business Act (15 U.S.C. 637)
is amended by inserting after subsection (b) the following
new subsection:
‘‘(c)(1) To facilitate the attainment of a participating
agency’s goal regarding the participation of small business
concerns owned and controlled by socially and economi-
cally disadvantaged individuals pursuant to section
15(g)(1), the head of a participating agency may enter
into contracts using—
‘‘(A) less than full and open competition by re-
stricting the competition for such awards to such
small business concerns; or
‘‘(B) a price evaluation preference of not more
than 10 percent when evaluating an offer received
from such a small business concern as the result of
an unrestricted solicitation.
‘‘(2) For purposes of this subsection, the term ‘par-
ticipating agency’ means any Federal agency, as defined
in section 3(b), other than the Department of Defense.
‘‘(3) The authority provided for in paragraph (1)
shall remain in effect until September 30, 2000.’’.
SEC. 4. ELIGIBILITY OF PAST DEVELOPMENT PROGRAM
PARTICIPANTS FOR SECTION 8(a) CONTRACT
AWARDS.
Section (8)(a)(1)(C) of the Small Business Act (15
U.S.C. 637(a)(1)(C)) is amended to read as follows:
‘‘(C) to make an award to a small business con-
cern owned and controlled by socially and economi-
cally disadvantaged individuals which has completed
its period of Program Participation as prescribed by
section 7(j)(15) if—
‘‘(i) in the case of a competitive award, the
prospective contract awardee was a Program
Participant eligible for award of the contract on
the date specified for receipt of offers contained
in the contract solicitation; and
‘‘(ii) in the case of a sole source award, the
prospective contract awardee was a Program
Participant eligible for award of the contract on