Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: That this Act may be
cited as the ''Small Business and Minority Small Business Procurement
Opportunities Act of 1994''.

SEC. 2. FUNCTIONS OF SMALL BUSINESS ADMINISTRATION.

The Small Business Act is amended by adding the following new
section:
''Sec. 29. The Administrator of the Small Business Administration,
in coordination with other Federal agencies, shall--
''(1) develop plans to coordinate and promote the use of
the Federal Acquisition Computer Network by small businesses
that incorporate outreach efforts by the Administration, agency
Offices of Small and Disadvantaged Business Utilization, Small
Business Development Centers, and other appropriate
organizations; and
''(2) inform and provide consistent and comprehensive
training on the Network for small businesses.''.

SEC. 3. SMALL BUSINESS RESERVATION.

Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is
amended to read as follows:
''(j)(1) Each contract for the procurement of goods and services
that has an anticipated value not in excess of $100,000 shall be
reserved exclusively for small business concerns unless the contracting
officer is unable to obtain offers from two or more small business
concerns that (A) are competitive with market prices, and (B) are
competitive with regard to the quality and delivery of the goods or
services being procured.
''(2) In carrying out paragraph (1), a contracting officer shall
consider any offer that is responsive and that is received in a timely
manner from an eligible small business offeror.
''(3) Nothing in paragraph (1) shall be construed as precluding an
award of a contract with a value not in excess of $100,000 under the
authority of--
''(A) section 8(a) of this Act;
''(B) section 2323 of title 10, United States Code;
''(C) section 316 of the Federal Property and
Administrative Services Act of 1949; or
''(D) section 12 of the Business Opportunity Development
Reform Act of 1988 (Public Law 100-656; U.S.C. 644 note).
''(4) In the case of contracts referred to in paragraph (1) that
are entered into with small business concerns, contracting officers
shall, wherever circumstances permit, provide for the use of fast
payment terms and the disbursement of payment through electronic fund
transfer.
''(5) A purchase by an executive agency with an anticipated value
of the micro-purchase threshold or less shall not be subject to the
small business reserve requirements of paragraph (1) of this
subsection.''.

SEC. 4. TECHNICAL AND CONFORMING CHANGES.

(a) Section 3(m) of the Small Business Act (15 U.S.C. 632(m)) is
amended to read as follows:
''(m) For purposes of this Act, the term 'simplified acquisition
threshold' has the meaning given such term in section 4A of the Office
of Federal Procurement Policy Act (41 U.S.C. 403A) and the term 'micro-
purchase threshold' has the meaning given such term in section 4B(e) of
the Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.).''.
(b) Section 8(d)(2)(A) of the Small Business Act (15 U.S.C.
637(d)(2)(A)) is amended by striking out ''does not exceed the small
purchase threshold'' and inserting in lieu thereof ''is for an amount
not in excess of the simplified acquisition threshold''.

SEC. 5. CONTRACT GOALS FOR SMALL BUSINESSES OWNED BY ECONOMICALLY AND
SOCIALLY DISADVANTAGED INDIVIDUALS AND FOR CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.

Section 8(g) of the Small Business Act is amended to read as
follows:
''(g)(1) The President annually shall establish Government-wide
goals for procurement contracts awarded to small business concerns and
small business concerns owned and controlled by socially and
economically disadvantaged individuals. The Government-wide goal for
participation by small business concerns shall be established at not
less than 20 percent of the total value of all prime contract awards
for each fiscal year. The Government-wide goal for participation by
small business concerns owned and controlled by socially and
economically disadvantaged individuals shall be established at not less
than 5 percent of the total value of all prime contract and subcontract
awards for each fiscal year.
''(2) A goal of 5 percent of the amount described in paragraph (5)
shall be the objective of an executive agency in each of fiscal years
1994 through 2000 for the total combined amount obligated for contracts
and subcontracts entered into with--
''(A) small business concerns, including mass media and
advertising firms, owned and controlled by socially and
economically disadvantaged individuals, the majority of the
earnings of which directly accrue to such individuals;
''(B) historically Black colleges and universities,
including any nonprofit research institution that was an
integral part of such a college or university before November
14, 1986; and
''(C) minority institutions (as defined in section 1046(3)
of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)),
which, for the purposes of this section, shall include
Hispanic-serving institutions (as defined in section 316(b)(1)
of such Act (20 U.S.C. 1059c(b)(1)).
''(3) The head of the agency shall establish a specific goal within
the overall 5 percent goal for the award of prime contracts and
subcontracts to historically Black colleges and universities and
minority institutions in order to increase the participation of such
colleges and universities in the program provided for by this
subsection.
''(4) The administration, in consultation with the Administrator of
the Office of Federal Procurement Policy, shall provide procedures or
guidelines for contracting officers to set goals which executive agency
prime contractors that are required to submit subcontracting plans
under subsection (d) in furtherance of the agency's program to meet the
5 percent goal specified in paragraph (2) should meet in awarding
subcontracts, including subcontracts to minority-owned media, to
entities described in that paragraph.
''(5) The requirements of paragraphs (2) through (4) for any fiscal
year apply to the total value of all prime contract awards entered into
by the executive agency for such fiscal year.
''(6) (A) To attain the goal specified in paragraph (2), the head
of the agency shall provide technical assistance to the entities
referred to in that subsection and, in the case of historically Black
colleges and universities and minority institutions, shall also provide
infrastructure assistance.
''(B) Technical assistance provided under this section shall
include information about the program, advice about the agency's
procurement procedures, instruction in preparation of proposals, and
other such assistance as the agency head considers appropriate. If the
resources of the executive agency are inadequate to provide such
assistance, the agency head may enter into contracts with minority
private sector entities with experience and expertise in the design,
development, and delivery of technical assistance services to eligible
individuals, business firms and institutions, acquisition agencies, and
prime contractors. Agency contracts with such entities shall be awarded
annually, based upon, among other things, the number of minority small
business concerns, historically Black colleges and universities, and
minority institutions that each such entity brings into the program.
''(C) The agency head shall, to the maximum extent practical, carry
out programs under this section at colleges, universities, and
institutions that agree to bear a substantial portion of the cost
associated with the programs.
''(7) To attain the goal of paragraph (2),
''(A) The head of the agency shall--
''(i) ensure that substantial progress is made in
increasing awards of agency contracts to entities
described in paragraph (2);
''(ii) exercise his utmost authority,
resourcefulness, and diligence; and
''(iii) actively monitor and assess the progress of
prime contractors of the agency in attaining such goal.
''(B) In making the assessment under subparagraph (A)(iii),
the agency head shall evaluate the extent to which use of the
authority provided in paragraphs (C) and (D) and compliance
with the requirement in paragraph (E) is effective for
facilitating the attainment of the goal.
''(C) To the extent practicable and when necessary to
facilitate achievement of the 5 percent goal described in
paragraph (2), the agency head shall make advance payments
under section 305 of title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) to
contractors described in paragraph (2). The Federal Acquisition
Regulation shall provide guidance to contracting officers for
making advance payments to entities described in subsection
(a)(1) under such section.
''(D) To the extent practicable and when necessary to
facilitate achievement of the 5 percent goal described in
paragraph (2), the agency head may enter into contracts using
less than full and open competitive procedures (including
awards under subsection (a) of this section) and partial set
asides for entities described in paragraph (2), but shall pay a
price not exceeding fair market cost by more than 10 percent in
payment per contract to contractors or subcontractors described
in paragraph (2). The agency head shall adjust the percentage
specified in the preceding sentence for any industry category
if available information clearly indicates that
nondisadvantaged small business concerns in such industry
category are generally being denied a reasonable opportunity to
compete for contracts because of the use of that percentage in
the application of this paragraph.
''(E) To the extent practicable, the agency head shall
maximize the number of minority small business concerns,
historically Black colleges and universities, and minority
institutions participating in the program.
''(F) The administration, in consultation with the
Administrator of the Office of Federal Procurement Policy,
shall prescribe regulations which provide for the following:
''(i) Procedures or guidance for contracting
officers to provide incentives for prime contractors
described in paragraph (2) to increase subcontractor
awards to entities described in such paragraph.
''(ii) A requirement that contracting officers
emphasize the award of contracts to entities described
in paragraph (2) in all industry categories, including
those categories in which such entities have not
traditionally dominated.
''(iii) Guidance to executive agency personnel on
the relationship among the following programs:
''(I) The program implementing this
subsection.
''(II) The program established under
subsection (a).
''(III) The small business set-aside
program established under section 15(a) of this
Act (15 U.S.C. 644(a)).
''(iv) With respect to an agency procurement which
is reasonably likely to be set aside for entities
described in paragraph (2), a requirement that (to the
maximum extent practicable) the procurement be
designated as such a set-aside before the solicitation
for the procurement is issued.
''(v) Policies and procedures which, to the maximum
extent practicable, will ensure that current levels in
the number or dollar value of contracts awarded under
the program established under subsection (a) (15 U.S.C.
637(a)) and under the small business set-aside program
established under section 15(a) of this Act (15 U.S.C.
644(a)) are maintained and that every effort is made to
provide new opportunities for contract awards to
eligible entities, in order to meet the goal of
paragraph (2).
''(vi) Implementation of this section in a manner
which will not alter the procurement process under the
program established under subsection (a) of this Act
(15 U.S.C. 637(a)).
''(vii) A requirement that one factor used in
evaluating the performance of a contracting officer be
the ability of the officer to increase contract awards
to entities described in paragraph (2).
''(viii) Increased technical assistance to entities
described in paragraph (2).
''(8)(A) Whoever for the purpose of securing a contract or
subcontract under paragraph (2), misrepresents the status of any
concern or person as a small business concern owned and controlled by a
minority (as described in paragraph (2), shall be punished by
imprisonment for not more than one year or a fine of not less than
$10,000, or both.
''(B) The Federal Acquisition Regulation shall prohibit awarding a
contract under this section to an entity described in paragraph (2)
unless the entity agrees to comply with the requirements of section
15(o)(1) of this Act (15 U.S.C. 644(o)(1)).
''(9)(A) To the maximum extent practicable, the head of the agency
shall--
''(i) ensure that no particular industry category bears a
disproportionate share of the contracts awarded to attain the
goal established by paragraph (2); and
''(ii) ensure that contracts awarded to attain the goal
established by paragraph (2) are made across the broadest
possible range of industry categories.
''(B) Under procedures prescribed by the head of the agency and
approved by the administration, a person may request the agency head to
determine whether the use of small disadvantaged business set asides by
a contracting activity of the agency has caused a particular industry
category to bear a disproportionate share of the contracts awarded to
attain the goal established for that contracting activity for the
purposes of this subsection. Upon making a determination that a
particular industry category is bearing a disproportionate share, the
agency head shall take appropriate actions to limit the contracting
activity's use of set asides in awarding contracts in that particular
industry category.
''(10)(A) The administration shall issue regulations to ensure that
potential contractors submitting sealed bids or competitive proposals
to the executive agency for procurement contracts to be awarded under
the program provided for by this subsection are complying with
applicable subcontracting plan requirements of subsection (d) of this
Act (15 U.S.C. 637(d)).
''(B) The regulations required by paragraph (A) shall ensure that,
with respect to a sealed bid or competitive proposal for which the
bidder or offeror is required to negotiate or submit a subcontracting
plan under subsection (d) of this Act (15 U.S.C. 637(d)), the
subcontracting plan shall be a factor in evaluating the bid or
proposal.
''(11)(A) Not later than December 15 of each year, the
administration shall submit to Congress a report on the progress of
each executive agency toward attaining the goal of paragraph (2) during
the preceding fiscal year.
''(B) The report required under paragraph (A) shall include a
description of--
''(i) the degree of participation by small businesses owned
and controlled by socially and economically disadvantaged
individuals in procurements conducted by each executive agency;
and
''(ii) the extent of compliance by executive agencies with
the goals for participation by such businesses required by
paragraph (1), relating to Government-wide small business and
small disadvantaged business goals for procurement contracts.
''(12) This subsection shall not be construed as modifying or
superseding any other provision of law establishing a goal or
requirement for an agency to obligate 5 percent or more of the total
value of all prime contract awards entered into by the agency for a
fiscal year with any entity described in paragraph (2).
''(13) The Coast Guard and the National Aeronautics and Space
Administration (notwithstanding section 302(a)(1)) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.) shall each be considered to be an executive agency for the
purposes of this subsection.
''(14) This subsection applies to each of fiscal years 1994 through
2000.''.

SEC. 6. TEST OF INNOVATIVE AND ALTERNATIVE PROCUREMENT PROCEDURES.

Section 8(g) of the Small Business Act (15 U.S.C. 637(g)) (as
amended by section 5 of this Act) is further amended by inserting the
following:
''(15) The requirements of subsections (e) and (f) of this
section may be waived by the Administrator of the Office of
Federal Procurement Policy after consultation with the
Administrator of the Small Business Administration in
conducting innovative and alternative procurement test programs
under section 9001 of the Federal Acquisition Improvement Act
of 1994.''.

HR 4263 IH----2
Output:
Small Business and Minority Small Business Procurement Opportunities Act of 1994 - Amends the Small Business Act (the Act) to direct the Administrator of the Small Business Administration (SBA) to: (1) develop plans to coordinate and promote the use of the Federal Acquisition Computer Network by small businesses that incorporate outreach efforts by various agencies and organizations; (2) inform and provide consistent and comprehensive training on the Network for small businesses; and (3) provide Minority Business Development Centers and other Department of Commerce minority assistance programs information on procurement opportunities and access to the Network.
(Sec. 2) Requires each Federal contract for the procurement of goods and services not in excess of $100,000 or the simplified acquisition threshold, whichever is higher, to be reserved exclusively for small businesses unless the contracting officer is unable to obtain competitive offers from two or more small businesses.
(Sec. 5) Revises provisions regarding contract goals for small businesses and small businesses owned by socially disadvantaged individuals. Expands such program to include small businesses owned by women. Increases the percentage goal for small business participation to at least 25 (currently, 20) percent of the total value of all prime contract awards in a fiscal year. Sets a minimum goal of five percent of the total value of all prime contract and subcontract awards in a fiscal year for participation by small businesses owned by women.
Requires all executive agencies to establish a goal of at least five percent of contract and subcontract dollars per year to be expended through small businesses owned by socially disadvantaged individuals for fiscal years 1994 through 2000. Outlines administrative procedures with respect to the attainment of such goals, including the provision of appropriate technical assistance.
Authorizes the use of advance payments and less than full and open competitive procedures when determined appropriate and in furtherance of the attainment of the contract goals. Requires appropriate regulations by the Administrator for Federal Procurement Policy. Provides civil and criminal penalties for the misrepresentation of a business as a business owned by socially disadvantaged individuals. Requires an agency head, upon request, to determine whether the use of small disadvantaged business set asides by a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such contracting activity. Requires appropriate corrective action upon a positive finding.
(Sec. 8) Requires procuring activities, until October 1, 1999, to report procurement awards with a dollar value between $10,000 and $100,000 in conformity with the procedures or the reporting of a contract award in excess of $25,000 that were in effect on October 1, 1992.
Directs the SBA Administrator to propose a modification to the Federal Acquisition Regulation that provides for the use of specified fast payment terms.
(Sec. 9) Provides deadlines for responses to requests by small businesses regarding contract administration matters.
(Sec. 10) Prohibits contracting procurement agencies from using any market acceptance criterion that would preclude small businesses from being eligible for a contract award solely on the basis of being unable to supply a quantity of product when the same amount of product could be obtained from a number of small business suppliers.
(Sec. 12) Requires the President to report annually to the Congress on the progress that small businesses owned by socially disadvantaged individuals and women are making in obtaining Federal procurement dollars.
(Sec. 13) Makes certain requirements regarding the participation of small businesses and small businesses owned by socially disadvantaged individuals in contracts and subcontracts applicable to small businesses owned by women as well.