[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3934 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3934

  To provide protections against bundling of contract requirements in 
                          Federal procurement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1996

   Mr. Zeliff (for himself, Mr. Paxon, and Mr. Quinn) introduced the 
    following bill; which was referred to the Committee on National 
  Security, and in addition to the Committee on Government Reform and 
 Oversight, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisidiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide protections against bundling of contract requirements in 
                          Federal procurement.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENT FOR FEDERAL ACQUISITION REGULATION TO ENSURE 
              AVOIDANCE OF UNNECESSARY BUNDLING OF CONTRACT 
              REQUIREMENTS.

    (a) Armed Services Acquisitions.--Section 2304 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(l) The Federal Acquisition Regulation shall ensure that this 
chapter is implemented in a manner that avoids the unnecessary bundling 
of contract requirements.''.
    (b) Civilian Agency Acquisitions.--Section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) is 
amended by adding at the end the following new subsection:
    ``(j) The Federal Acquisition Regulation shall ensure that this 
title is implemented in a manner that avoids the unnecessary bundling 
of contract requirements.''.

SEC. 2. DEFINITION OF BUNDLING OF CONTRACT REQUIREMENTS.

    (a) Definition.--Section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) is amended by adding at the end the 
following new paragraph:
            ``(16) The term `bundling of contract requirements' means 
        the practice of consolidating two or more procurement 
        requirements of a type that were previously solicited and 
        awarded as separate smaller contracts into a single large 
        contract solicitation likely to be unsuitable for award to a 
        small business concern because of--
                    ``(A) the diversity and size of the elements of 
                performance specified;
                    ``(B) the aggregate dollar value of the anticipated 
                award;
                    ``(C) the geographical dispersion of the contract 
                performance sites; or
                    ``(D) any combination of the factors described in 
                subparagraphs (A), (B), and (C).''.
    (b) Cross References.--(1) Section 2302(3) of title 10, United 
States Code, is amended by adding at the end the following new 
subparagraph:
                    ``(M) The term `bundling of contract 
                requirements'.''
    (2) Section 309(c) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 259(c)) is amended by adding at the end 
the following new paragraph:
            ``(15) The term `bundling of contract requirements'.''.

SEC. 3. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES.

    The Federal Procurement Data System described in section 6(d)(4)(A) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 
405(d)(4)(A)) shall be modified to collect data regarding bundling of 
contract requirements.
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