[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5146 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 5146
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2020
Received; read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
AN ACT
To amend the Small Business Act to require contracting officers to take
a small business concern's past performance as part of a joint venture
into account when evaluating the small business concern, 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 ``Unlocking Opportunities for Small
Businesses Act of 2019''.
SEC. 2. PAST PERFORMANCE RATINGS OF JOINT VENTURES FOR SMALL BUSINESS
CONCERNS.
Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is
amended by adding at the end the following:
``(5) Past performance ratings of joint ventures for small
business concerns.--With respect to evaluating an offer for a
prime contract made by a small business concern that previously
participated in a joint venture with another business concern
(whether or not such other business concern was itself a small
business concern), the Administrator shall establish
regulations--
``(A) requiring contracting officers to consider
the record of past performance of the joint venture
when evaluating the past performance of the small
business concern; and
``(B) requiring the small business concern to
inform the contracting officer what duties and
responsibilities the small business concern carried out
as part of the joint venture.''.
SEC. 3. PAST PERFORMANCE RATINGS OF FIRST-TIER SMALL BUSINESS
SUBCONTRACTORS.
Section 8(d)(17) of the Small Business Act (15 U.S.C. 637(d)(17))
is amended to read as follows:
``(17) Past performance ratings for certain small business
subcontractors.--
``(A) In general.--Upon request by a small business
concern that performed as a first tier subcontractor on
a covered contract (as defined in paragraph 13(A)) that
is submitting an offer for a solicitation, the prime
contractor for such covered contract shall submit to
the contracting agency issuing the solicitation or to
such small business concern a record of past
performance for such small business concern with
respect to such covered contract.
``(B) Consideration.--A contracting officer shall
consider the record of past performance of a small
business concern provided under subparagraph (A) when
evaluating an offer for a prime contract made by such
small business concern.''.
SEC. 4. RULEMAKING.
(a) SBA Rules.--Not later than the end of the 120-day period
beginning on the date of enactment of this Act, the Administrator of
the Small Business Administration shall issue rules to carry out this
Act and the amendments made by this Act.
(b) Federal Acquisition Regulation.--Not later than the end of the
120-day period beginning on the date that rules are issued under
subsection (a), the Federal Acquisition Regulation shall be revised to
reflect such rules.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives January 8, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.