ting forth the proposed procurement strategy required 
by subsection (e), and— 
‘‘(A) explaining why the proposed acquisi-
tion cannot be further divided into reasonably 
small lots or discrete tasks in order to permit of-
fers by small business concerns; 
‘‘(B) listing, if applicable, the incumbent 
contractors disaggregated by and including 
names, addresses, and whether or not the con-
tractor is a small business concern; 
‘‘(C) describing the industries that might be 
interested in bidding on the contract require-
ments; 
‘‘(D) delineating the number of small busi-
ness concerns listed in the industry categories 
that could be excluded from future bidding if the 
contract is a bundled contract, including any 
small business bidders that had bid on previous 
procurement requirements that are included in 
the bundling of contract requirements; 
‘‘(E) delineating the number of existing 
small business concerns whose contracts will 
cease if the contract bundling proceeds; 
‘‘(F) explaining why the delivery schedules 
cannot be established on a realistic basis that 
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will encourage small business participation to 
the extent consistent with the actual require-
ments of the Government; 
‘‘(G) explaining why the proposed acquisi-
tion cannot be offered so as to make small busi-
ness participation likely; 
‘‘(H) explaining why construction cannot be 
procured as separate discrete projects; and 
‘‘(I) explaining why the agency has deter-
mined that the bundled contract is necessary and 
justified. 
‘‘(3) PUBLICATION
OF
NOTICE
STATEMENT.— 
Concurrently, the statement required in paragraph 
(2) shall be published in the Federal contracting op-
portunities database. 
‘‘(4) RECOMPETITION
OF
A
PREVIOUSLY
BUN-
DLED CONTRACT.—If the proposed procurement is a 
previously bundled contract, that is to be recompeted 
as a bundled contract, the Administrator shall deter-
mine, with the assistance of the agency proposing the 
procurement— 
‘‘(A) the amount of savings and benefits (in 
accordance with subsection (d)) achieved under 
the bundling of contract requirements; 
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‘‘(B) whether such savings and benefits will 
continue to be realized if the contract remains 
bundled, and whether such savings and benefits 
would be greater if the procurement requirements 
were divided into separate solicitations suitable 
for award to small business concerns; 
‘‘(C) the dollar value of subcontracts award-
ed to small business concerns under the bundled 
contract, disaggregated by North American In-
dustrial Classification System Code; 
‘‘(D) the percentage of subcontract dollars 
awarded to small businesses under the bundled 
contract, disaggregated by North American In-
dustrial Classification System Code; and 
‘‘(E) the dollar amount and percentage of 
prime contract dollars awarded to small busi-
nesses in the primary North American Indus-
trial Classification System Code for that bundled 
contract during each of the two fiscal years pre-
ceding the award of the bundled contract and 
during each fiscal year of the performance of the 
bundled contract. 
‘‘(5) FAILURE TO PROVIDE NOTICE.— 
‘‘(A) NO
NOTIFICATION
RECEIVED.—If no 
notification of the proposed procurement or ac-
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companying statement is received, but the Ad-
ministrator determines that the proposed pro-
curement is a proposed procurement described in 
paragraph (1), then the Administrator shall re-
quire that such a statement of work be completed 
by the Procurement Activity and sent to the pro-
curement center representative and postpone the 
solicitation process for at least 10 days but not 
more than 45 days to allow the Administrator to 
review the statement and make recommendations 
as described in this section before the procure-
ment process is continued. 
‘‘(B) NO WORK CONTINUED.—If the Admin-
istrator requires a Procurement Activity to pro-
vide a statement of work pursuant to subpara-
graph (A), the Procurement Activity shall not be 
permitted to continue with the procurement until 
such time as the Procurement Activity complies 
with the requirements of subparagraph (A). 
‘‘(6) RESPONSIBILITY
OF
THE
PROCUREMENT 
CENTER REPRESENTATIVE.—Within 15 days after re-
ceipt of the proposed procurement and accompanying 
statement, if the procurement center representative be-
lieves that the procurement as proposed will render 
small business prime contract participation unlikely, 
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the representative shall recommend to the Procure-
ment Activity alternative procurement methods which 
would increase small business prime contracting op-
portunities. 
‘‘(7) DISAGREEMENT
BETWEEN
THE
ADMINIS-
TRATOR AND THE PROCUREMENT ACTIVITY.— 
‘‘(A) IN
GENERAL.—The Administrator 
may take action under this paragraph to further 
the interests of small businesses if— 
‘‘(i) a small business concern would be 
adversely affected, directly or indirectly, by 
the proposed procurement, and that small 
business concern or a trade association rep-
resenting such small business concern so re-
quests; or 
‘‘(ii) if the Administrator determines 
that a small business concern would be ad-
versely affected, directly or indirectly, by 
the proposed procurement. 
‘‘(B) APPEAL TO AGENCY HEAD.—First, the 
proposed procurement shall be submitted for de-
termination to the head of the contracting agen-
cy by the Administrator. 
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‘‘(C) FAILURE
TO
AGREE.—Whenever the 
Administrator and the head of the contracting 
agency fail to agree— 
‘‘(i) the Administrator, within ten 
days after such decision, may file an appeal 
with the appropriate agency board of con-
tract appeals; 
‘‘(ii) the board shall provide the Ad-
ministrator and the head of the contracting 
agency the opportunity to provide their 
views on the disputed contract, except that 
no oral testimony or oral argument shall be 
permitted; 
‘‘(iii) the board shall permit interested 
bidders to intervene; and 
‘‘(iv) the board shall render its deci-
sion, which shall be final agency action for 
purposes of chapter 7 of title 5, United 
States Code, within 30 days after the ap-
peal has been filed. 
‘‘(D) APPEAL BY AFFECTED SMALL BUSI-
NESS CONCERN TO GAO.—If the Administrator 
takes no action pursuant to subparagraph (C), a 
small business concern that would be adversely 
affected, directly or indirectly, by the procure-
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