118 HR 6320 IH: Increase Small Business Utilization Act of 2023 U.S. House of Representatives 2023-11-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6320IN THE HOUSE OF REPRESENTATIVESNovember 8, 2023Ms. Velázquez introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo amend the Small Business Act to ensure the application of the Rule of Two to certain acquisitions, and for other purposes.

1.

Short title

This Act may be cited as the Increase Small Business Utilization Act of 2023.

2.

Application of the Rule of Two to certain acquisitions

Section 15(r) of the Small Business Act (15 U.S.C. 644(r)) is amended to read as follows:(r)

Multiple award contracts

(1)

In general

Except as provided by paragraph (2), the head of a Federal agency shall—(A)set aside part or parts of a multiple award contract for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2), unless a contracting officer for the Federal agency is unable to obtain offers from two or more small business concerns that are competitive with market prices and are competitive with regard to the quality and delivery of the goods or services being purchased;(B)notwithstanding the fair opportunity requirements under section 3406(c) of title 10 and section 4106(c) of title 41, United States Code, set aside orders placed against multiple award contracts for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2), unless a contracting officer for the Federal agency is unable to obtain offers from two or more small business concerns that are competitive with market prices and are competitive with regard to the quality and delivery of the goods or services being purchased; and(C)reserve 1 or more contract awards for small business concerns under full and open multiple award procurements, including the subcategories of small business concerns identified in subsection (g)(2).(2)

Exceptions

Paragraph (1) shall not apply with respect to—(A)contracts (including orders) awarded under subpart 8.4 of the Federal Acquisition Regulation (or any successor regulation); or(B)any multiple award contract or order placed against a multiple award contract with a value less than the micro-purchase threshold..