[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6369 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6369
To amend the Small Business Act to eliminate the inclusion of option
years in the award price for sole source contracts, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2018
Mr. Marshall (for himself and Mr. Schneider) introduced the following
bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to eliminate the inclusion of option
years in the award price for sole source 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 ``Expanding Contracting Opportunities
for Small Businesses Act of 2018''.
SEC. 2. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN SMALL BUSINESS
CONCERNS.
(a) Qualified HUBZone Small Business Concerns.--Subparagraph (A) of
section 31(b)(2) of the Small Business Act (15 U.S.C. 657a(b)(2)) is
amended to read as follows:
``(A) Sole source contracts.--A contracting officer
may award sole source contracts under this section to
any qualified HUBZone small business concern, if--
``(i) the qualified HUBZone small business
concern is determined to be a responsible
contractor with respect to performance of such
contract opportunity;
``(ii) the contracting officer does not
have a reasonable expectation that two or more
qualified HUBZone small business concerns will
submit offers for the contracting opportunity;
``(iii) the anticipated award price of the
contract will not exceed--
``(I) $7,000,000, in the case of a
contract opportunity assigned a
standard industrial classification code
for manufacturing; or
``(II) $4,000,000, in the case of
all other contract opportunities; and
``(iv) in the estimation of the contracting
officer, the contract award can be made at a
fair and reasonable price.''.
(b) Small Business Concern Owned and Controlled by Service-Disabled
Veterans.--Subsection (a) of section 36 of the Small Business Act (15
U.S.C. 657f) is amended to read as follows:
``(a) Sole Source Contracts.--In accordance with this section, a
contracting officer may award a sole source contract to any small
business concern owned and controlled by service-disabled veterans if--
``(1) such concern is determined to be a responsible
contractor with respect to performance of such contract
opportunity;
``(2) the contracting officer does not have a reasonable
expectation that two or more small business concerns owned and
controlled by service-disabled veterans will submit offers for
the contracting opportunity;
``(3) the anticipated award price of the contract will not
exceed--
``(A) $7,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(B) $4,000,000, in the case of any other contract
opportunity;
``(4) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price;
``(5) the contracting officer has notified the
Administration of the intent to make such award and requested
that the Administration determine the concern's eligibility for
award; and
``(6) the Administration has determined that such concern
is eligible for award.''.
(c) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is
amended--
(1) by amending paragraph (7) to read as follows:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women.--A contracting officer may award a sole source contract
under this subsection to any small business concern owned and
controlled by women described in paragraph (2)(A) and certified
under paragraph (2)(E) if--
``(A) such concern is determined to be a
responsible contractor with respect to performance of
the contract opportunity;
``(B) the contracting officer does not have a
reasonable expectation that two or more businesses
described in paragraph (2)(A) will submit offers;
``(C) the anticipated award price of the contract
will not exceed--
``(i) $7,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(ii) $4,000,000, in the case of any other
contract opportunity;
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price;
``(E) the contracting officer has notified the
Administration of the intent to make such award and
requested that the Administration determine the
concern's eligibility for award; and
``(F) the Administration has determined that such
concern is eligible for award.''; and
(2) by amending paragraph (8) to read as follows:
``(8) Authority for sole source contracts for small
business concerns owned and controlled by women in
substantially underrepresented industries.--A contracting
officer may award a sole source contract under this subsection
to any small business concern owned and controlled by women
certified under paragraph (2)(E) that is in an industry in
which small business concerns owned and controlled by women are
substantially underrepresented (as determined by the
Administrator under paragraph (3)) if--
``(A) such concern is determined to be a
responsible contractor with respect to performance of
the contract opportunity;
``(B) the contracting officer does not have a
reasonable expectation that two or more businesses in
an industry that has received a waiver under paragraph
(3) will submit offers;
``(C) the anticipated award price of the contract
will not exceed--
``(i) $7,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(ii) $4,000,000, in the case of any other
contract opportunity;
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price;
``(E) the contracting officer has notified the
Administration of the intent to make such award and
requested that the Administration determine the
concern's eligibility for award; and
``(F) the Administration has determined that such
concern is eligible for award.''.
SEC. 3. SBA CERTIFICATION PROGRAM NOTIFICATION.
The Administrator of the Small Business Administration shall notify
the Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate when the
Administrator has implemented each of the following:
(1) A program to certify small business concerns owned and
controlled by women.
(2) A program to certify small business concerns owned and
controlled by service-disabled veterans.
SEC. 4. GAO REPORT.
(a) Study.--With respect to the Small Business Administration's
procurement programs for women-owned small business concerns and for
small business concerns owned and controlled by service-disabled
veterans, the Comptroller General of the United States shall conduct an
evaluation of the policies and practices used by the Administration and
other Federal agencies to provide assurance that contracting officers
are properly classifying sole source awards under those programs in the
Federal Procurement Data System and that sole source contracts awarded
under those programs are being awarded to eligible concerns.
(b) Report.--No later than 18 months after the Small Business
Administration implements the certification programs described under
section 3, the Comptroller General shall issue a report to the
Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
containing the findings made in carrying out the study required under
subsection (a).
(c) SBA Consideration of GAO Report.--
(1) In general.--The Administrator of the Small Business
Administration shall review the report issued under subsection
(b) and take such actions as the Administrator may determine
appropriate to address any concerns raised in such report and
any recommendations contained in such report.
(2) Report to congress.--After the review described under
paragraph (1), the Administrator shall issue a report to the
Congress--
(A) stating that no additional actions were
necessary to address any concerns or recommendations
contained in the report; or
(B) describing the actions taken by the
Administrator to resolve such concerns or implement
such recommendations.
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