[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4118 Reported in House (RH)]
Union Calendar No. 529
112th CONGRESS
2d Session
H. R. 4118
[Report No. 112-726, Part I]
To amend the Small Business Act to provide for increased small business
participation in multiple award contracts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2012
Mr. Critz (for himself, Ms. Velazquez, Mr. Cicilline, and Ms. Hahn)
introduced the following bill; which was referred to the Committee on
Small Business, and in addition to the Committee on Oversight and
Government Reform, 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
December 21, 2012
Additional sponsors: Ms. Chu, Mr. Richmond, Mr. Peters, and Ms. Clarke
of New York
December 21, 2012
Reported from the Committee on Small Business
December 21, 2012
The Committee on Oversight and Government Reform discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
_______________________________________________________________________
A BILL
To amend the Small Business Act to provide for increased small business
participation in multiple award contracts, 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 ``Small Business Procurement
Improvement Act of 2012''.
SEC. 2. INCREASING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD
CONTRACTS.
(a) In General.--Section 15(r) of the Small Business Act (15 U.S.C.
644(r)) is amended--
(1) by striking ``may, at their discretion'' and inserting
the following: ``shall, to the maximum extent practicable,
include small business concerns in multiple award contracts, as
defined in section 3(v) of this Act, including'';
(2) in paragraph (1), by striking ``set'' and inserting
``setting'';
(3) in paragraph (2)--
(A) by striking ``set'' and inserting ``setting'';
and
(B) by striking ``and'' at the end;
(4) in paragraph (3)--
(A) by striking ``reserve'' and inserting
``reserving''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by inserting after paragraph (3) the following:
``(4) making full use of the set-aside programs established
in sections 8(a), 8(m), 31, and 36 of this Act and any other
program under this Act that provides for set-asides of
contracts for small businesses.''.
(b) Agency Outreach.--Section 15 of the Small Business Act (15
U.S.C. 644) is amended by adding at the end the following:
``(s) Agency Outreach Program.--The Administrator, in consultation
with the Administrator of the Office of Federal Procurement Policy and
any agency that obtains 5 percent of procurement requirements through a
multiple award contract, shall carry out a program to increase the
participation of small business concerns in multiple award contracts,
as defined in section 3(v) of this Act. Such program shall--
``(1) increase awareness among small business concerns
regarding multiple award contracts;
``(2) provide small business concerns with education and
training on Federal agency procedures for the bid and award of
multiple award contracting procedures;
``(3) assist small business concerns with becoming listed
on multiple award contracts, including the Federal Supply
Schedules of the General Services Administration; and
``(4) develop measures to track small business
participation in multiple award contracts, including awards
pursuant to those contracts.''.
SEC. 3. DEFINITIONS.
Section 3 of the Small Business Act (15 U.S.C. 632) is amended--
(1) in subsection (v)--
(A) in paragraph (1), by striking ``and'' at the
end; and
(B) by redesignating paragraph (2) as paragraph
(5), and inserting after paragraph (1) the following:
``(2) a contract under the Federal Supply Schedule program
of the General Services Administration;
``(3) a multi-agency contract which is a contract, or a
task order or delivery order awarded pursuant to such a
contract, established by one agency for use by Government
agencies to obtain supplies, services, or both, in accordance
with section 1535 of title 31, United States Code;
``(4) a Government-wide acquisition contract which is a
contract, task order contract, or delivery order contract for
information technology established by one agency for
Government-wide use pursuant to section 11302(e) of title 40,
United States Code; and''; and
(2) by adding at the end the following:
``(dd) Blanket Purchase Agreement.--In this Act, the term `blanket
purchase agreement' has the meaning given such term in sections 13.303-
01 and 13.303-2 of title 48, Code of Federal Regulations (as in effect
on October 1, 2011).
``(ee) Basic Ordering Agreement.--In this Act, the term `basic
ordering agreement' has the meaning given such term in section 16.703
of title 48, Code of Federal Regulations (as in effect on October 1,
2011).''.
SEC. 4. ENSURING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD
CONTRACTS, MULTI-AGENCY CONTRACTS, AND GOVERNMENT-WIDE
ACQUISITION CONTRACTS.
Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is
amended--
(1) by striking ``(g)(1) The President shall'' and
inserting ``(g)(1)(A) The President shall''; and
(2) by inserting after paragraph (1) the following:
``(B) The President shall annually establish
Government-wide goals for the total dollar value of all
task orders and delivery orders placed against multiple
award contracts, blanket purchase agreements, and basic
ordering agreements awarded to small business concerns,
small business concerns owned and controlled by service
disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled
by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women.''.
SEC. 5. IMPROVEMENTS TO THE SMALL BUSINESS RESERVE.
Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is
amended--
(1) by striking ``$100,000'' each place it appears and
inserting ``$200,000''; and
(2) by adding at the end the following:
``(4) Multiple award contract applicability.--
``(A) This subsection applies to all task or
delivery orders placed against multiple award
contracts, including any contract under the Federal
Supply Schedule program of the General Services
Administration.
``(B) The Administrator, in consultation with the
Administrator of General Services Administration, shall
within 120 days of the date of enactment of this Act,
issue regulations regarding--
``(i) how the Administrator of the General
Services Administration will ensure that the
correct size standard is applied to each task
order;
``(ii) how the Administrator of the General
Services Administration will ensure that the
non-manufacturer rule and limitation on
subcontracting provisions are implemented at
the task order level; and
``(iii) how the Administrator of the
General Services Administration will ensure
that its electronic ordering systems display
the correct size information for small business
concerns seeking the set aside of a task
order.''.
SEC. 6. SMALL BUSINESS REPRESENTATION ON THE FEDERAL ACQUISITION
REGULATORY COUNCIL.
(a) In General.--Section 1302(b)(1) of title 41, United States
Code, is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the Administrator of the Small Business
Administration.''.
(b) Deciding Vote.--Section 1302 of such title is further amended
by adding at the end the following:
``(c) Deciding Vote.--In the case of an equal vote among council
membership, the Administrator of the Office of Federal Procurement
Policy will have the deciding vote.''.
Union Calendar No. 529
112th CONGRESS
2d Session
H. R. 4118
[Report No. 112-726, Part I]
_______________________________________________________________________
A BILL
To amend the Small Business Act to provide for increased small business
participation in multiple award contracts, and for other purposes.
_______________________________________________________________________
December 21, 2012
Reported from the Committee on Small Business
December 21, 2012
The Committee on Oversight and Government Reform discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed