Helping Small Business Compete Act of 2010

Bill: 111-hr-4496
Sponsor: Rep. Graves, Sam [R-MO-6]
Introduced: 2010-01-21 in the House
Policy area: Commerce
Subjects: Administrative law and regulatory procedures
Fraud offenses and financial crimes
Public contracts and procurement
Small Business Administration
Small business

Summary:
action_date: 2010-01-21
text: 
Helping Small Business Compete Act of 2010 - Amends the Small Business Act to increase from 23% to 25% the government-wide small business procurement contract goal. Requires the President, before the close of each fiscal year, to establish new goals. Requires each federal agency to have an anuual goal at least equal to the federal goal. Sets forth provisions concerning methods for goal achievement, including requiring procurement training for senior executives and a limitation on incentive awards for failure to meet goals.
 
Redefines the term: (1) &quot;bundled contract&quot; to mean a contract or order entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made; and (2) &quot;bundling of contract requirements&quot; to mean any bundling methodology to satisfy two or more procurement requirements for new or existing goods or services, including any construction services, that is likely to be unsuitable for award to a small business due to the specialized nature of performance, the dollar value of the award, or the geographical dispersion of the contract or order performance. Makes the revised definitions inapplicable for contracts under $65 million for construction services and, for all other types of contracts, under $5 million.
 
Requires notification to Small Business Administration (SBA) procurement center representatives of identifying information on incumbent contract holders, a description of the industries potentially interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is bundled.
 
Allows the SBA Administrator, if there is cause to believe a contract combines requirements or a contract or task or delivery order for construction services or includes unjustified bundling, to request a statement of work for goods and services, and to request that the solicitation process be postponed at least 10 days (but not more than 30) to allow the Administrator to review the statement and make recommendations.
 
Allows a small business adversely affected by a proposed procurement that includes contract bundling to take specified actions.
 
Allows the SBA, whenever the head of a contracting agency makes a decision concerning the Administrator's challenge to a bundling of contract requirements, to file a challenge with the appropriate agency board of contract appeals.
 
Requires the Administrator to promulgate regulations concerning good faith compliance with small business subcontracting plans and requirements.
 
Provides criminal penalties for violators making false statements in an effort to obtain a federal contract.


Legislative actions:
action_date: 2010-02-12
text: Referred to the Subcommittee on Government Management, Organization, and Procurement.
action_date: 2010-02-12
text: Referred to the Subcommittee on Contracting and Technology .
action_date: 2010-01-21
text: Referred to House Judiciary
action_date: 2010-01-21
text: Referred to House Oversight and Government Reform
action_date: 2010-01-21
text: Referred to the Committee on Small Business, and in addition to the Committees on Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2010-01-21
text: Referred to House Small Business
action_date: 2010-01-21
text: Introduced in House
action_date: 2010-01-21
text: Introduced in House