IIB
106TH CONGRESS
2D SESSION
H. R. 4945
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 21, 2000
Received; read twice and referred to the Committee on Small Business
AN ACT
To amend the Small Business Act to strengthen existing
protections for small business participation in the Fed-
eral procurement contracting process, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Small Business Competition Preservation Act of 2000’’.
SEC. 2. DATABASE, ANALYSIS, AND ANNUAL REPORT WITH
RESPECT TO BUNDLED CONTRACTS.
Section 15 of the Small Business Act (15 U.S.C. 644)
is amended by adding at the end the following new sub-
section:
‘‘(p) DATABASE, ANALYSIS, AND ANNUAL REPORT
WITH RESPECT TO BUNDLED CONTRACTS.—
‘‘(1) BUNDLED CONTRACT DEFINED.—In this
subsection, the term ‘bundled contract’ includes—
‘‘(A) each contract that meets the defini-
tion set forth in section 3(o) regardless of
whether the contracting agency has conducted a
study of the effects of the solicitation for the
contract on civilian or military personnel of the
United States; and
‘‘(B) each new procurement requirement
that permits the consolidation of two or more
procurement requirements.
‘‘(2) DATABASE.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of the enactment of this
subsection, the Administrator of the Small
Business Administration shall develop and shall
thereafter maintain a database containing data
and information regarding—
‘‘(i) each bundled contract awarded by
a Federal agency; and
‘‘(ii) each small business concern that
has been displaced as a prime contractor
as a result of the award of such a contract.
‘‘(3) ANALYSIS.—For each bundled contract
that is to be recompeted as a bundled contract, the
Administrator shall determine—
‘‘(A) the amount of savings and benefits
(in accordance with subsection (e)) achieved
under the bundling of contract requirements;
and
‘‘(B) whether such savings and benefits
will continue to be realized if the contract re-
mains bundled, and whether such savings and
benefits would be greater if the procurement re-
quirements were divided into separate solicita-
tions suitable for award to small business con-
cerns.
‘‘(4) ANNUAL
REPORT
ON
CONTRACT
BUN-
DLING.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of the enactment of this para-
graph, and annually in March thereafter, the
Administration shall transmit a report on con-
tract bundling to the Committees on Small
Business of the House of Representatives and
the Senate.
‘‘(B) 
CONTENTS.—Each 
report 
trans-
mitted 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 con-
tracts of each Federal agency during the
preceding year, including—
‘‘(I) data on the number and
total dollar amount of all contract re-
quirements that were bundled; and
‘‘(II) with respect to each bun-
dled contract, data or information
on—
‘‘(aa) the justification for
the bundling of contract require-
ments;
‘‘(bb) the cost savings real-
ized by bundling the contract re-
quirements over the life of the
contract;
‘‘(cc) the extent to which
maintaining the bundled status
of contract requirements is pro-
jected to result in continued cost
savings;
‘‘(dd) the extent to which
the bundling of contract require-
ments complied with the con-
tracting agency’s small business
subcontracting 
plan, 
including
the total dollar value awarded to
small business concerns as sub-
contractors and the total dollar
value previously awarded to small
business concerns as prime con-
tractors; 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, includ-
ing a description of any changes
to the proportion of any such in-
dustry that is composed of small
business concerns.’’.
Passed the House of Representatives September 20,
2000.
Attest:
JEFF TRANDAHL,
Clerk.