Preserving Small Business Prime Contracting Opportunities Act of 2022
Bill: H.R.8941 | Sponsor: Rep. Mfume, Kweisi (D-MD)
Policy area: Commerce

Summary:
Preserving Small Business Prime Contracting Opportunities Act of 2022
This bill revises the procedures for federal agencies to select alternative procurement methods when the participation of small businesses as prime contractors is unlikely.

To amend the Small Business Act to increase, prime contracting 
   opportunities for small business concerns, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Small Business Prime 
Contracting Opportunities Act of 2022''.

SEC. 2. INCREASING PRIME CONTRACTING OPPORTUNITIES FOR SMALL BUSINESS 
              CONCERNS.

    Section 15(a)(4) of the Small Business Act (15 U.S.C. 644(a)(4)) is 
amended--
            (1) in subsection (A)(iii), by striking ``an unnecessary or 
        unjustified'' and inserting ``a'';
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``With respect to'' and all that follows through 
                ``issuing a solicitation'' and inserting ``Not later 
                than 30 days before issuing a solicitation for a 
                proposed procurement,''; and
                    (B) by amending clause (i) to read as follows:
                            ``(i) why the proposed procurement cannot 
                        be divided into smaller quantities, lots, or 
                        tasks to permit offers on less than the total 
                        requirement;''; and
            (3) by amending subparagraph (D) to read as follows:
                    ``(D) Failure to agree on an alternative 
                procurement method.--
                            ``(i) Selection.--If the procurement center 
                        representative and the contracting agency fail 
                        to agree on an alternative procurement method 
                        under subparagraph (C), the Administrator shall 
                        select an alternative procurement method from 
                        the recommendations presented by the 
                        procurement center representative under such 
                        subparagraph and notify the head of the 
                        appropriate Federal agency.
                            ``(ii) Determination.--Not later than 60 
                        calendar days after receipt of a notification 
                        under clause (i), such head shall adopt the 
                        selected alternative procurement method unless 
                        such head, on a nondelegable basis, issues a 
                        determination to the Administrator that 
                        includes--
                                    ``(I) a cost-benefit analysis of 
                                the proposed procurement; and
                                    ``(II) an explanation of how the 
                                benefits of the proposed procurement 
                                outweigh the harm to small business 
                                concerns compared to the selected 
                                alternative procurement method.
                            ``(iii) Submission.--The Administrator 
                        shall submit any determinations issued under 
                        clause (ii) along with the report required 
                        under subsection (p)(4).''.
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