[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4945 Engrossed in House (EH)]


  2d Session

                               H. R. 4945

_______________________________________________________________________

                                 AN ACT

To amend the Small Business Act to strengthen existing protections for 
  small business participation in the Federal procurement contracting 
                    process, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4945

_______________________________________________________________________

                                 AN ACT


 
To amend the Small Business Act to strengthen existing protections for 
  small business participation in the Federal procurement contracting 
                    process, 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.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Competition Preservation Act of 2000''.

SEC. 2. DATABASE, ANALYSIS, AND ANNUAL REPORT WITH RESPECT TO BUNDLED 
              CONTRACTS.

    Section 15 of the Small Business Act (15 U.S.C. 644) is amended by 
adding at the end the following new subsection:
    ``(p) Database, Analysis, and Annual Report With Respect to Bundled 
Contracts.--
            ``(1) Bundled contract defined.--In this subsection, the 
        term `bundled contract' includes--
                    ``(A) each contract that meets the definition set 
                forth in section 3(o) regardless of whether the 
                contracting agency has conducted a study of the effects 
                of the solicitation for the contract on civilian or 
                military personnel of the United States; and
                    ``(B) each new procurement requirement that permits 
                the consolidation of two or more procurement 
                requirements.
            ``(2) Database.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this subsection, the 
                Administrator of the Small Business Administration 
                shall develop and shall thereafter maintain a database 
                containing data and information regarding--
                            ``(i) each bundled contract awarded by a 
                        Federal agency; and
                            ``(ii) each small business concern that has 
                        been displaced as a prime contractor as a 
                        result of the award of such a contract.
            ``(3) Analysis.--For each bundled contract that is to be 
        recompeted as a bundled contract, the Administrator shall 
        determine--
                    ``(A) the amount of savings and benefits (in 
                accordance with subsection (e)) achieved under the 
                bundling of contract requirements; and
                    ``(B) whether such savings and benefits will 
                continue to be realized if the contract remains 
                bundled, and whether such savings and benefits would be 
                greater if the procurement requirements were divided 
                into separate solicitations suitable for award to small 
                business concerns.
            ``(4) Annual report on contract bundling.--
                    ``(A) In general.--Not later than 1 year after the 
                date of the enactment of this paragraph, and annually 
                in March thereafter, the Administration shall transmit 
                a report on contract bundling to the Committees on 
                Small Business of the House of Representatives and the 
                Senate.
                    ``(B) Contents.--Each report transmitted under 
                subparagraph (A) shall include--
                            ``(i) data on the number, arranged by 
                        industrial classification, of small business 
                        concerns displaced as prime contractors as a 
                        result of the award of bundled contracts by 
                        Federal agencies; and
                            ``(ii) a description of the activities with 
                        respect to previously bundled contracts of each 
                        Federal agency during the preceding year, 
                        including--
                                    ``(I) data on the number and total 
                                dollar amount of all contract 
                                requirements that were bundled; and
                                    ``(II) with respect to each bundled 
                                contract, data or information on--
                                            ``(aa) the justification 
                                        for the bundling of contract 
                                        requirements;
                                            ``(bb) the cost savings 
                                        realized by bundling the 
                                        contract requirements over the 
                                        life of the contract;
                                            ``(cc) the extent to which 
                                        maintaining the bundled status 
                                        of contract requirements is 
                                        projected to result in 
                                        continued cost savings;
                                            ``(dd) the extent to which 
                                        the bundling of contract 
                                        requirements complied with the 
                                        contracting agency's small 
                                        business subcontracting plan, 
                                        including the total dollar 
                                        value awarded to small business 
                                        concerns as subcontractors and 
                                        the total dollar value 
                                        previously awarded to small 
                                        business concerns as prime 
                                        contractors; and
                                            ``(ee) the impact of the 
                                        bundling of contract 
                                        requirements on small business 
                                        concerns unable to compete as 
                                        prime contractors for the 
                                        consolidated requirements and 
                                        on the industries of such small 
                                        business concerns, including a 
                                        description of any changes to 
                                        the proportion of any such 
                                        industry that is composed of 
                                        small business concerns.''.

            Passed the House of Representatives September 20, 2000.

            Attest:

                                                                 Clerk.