[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1472 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1472
To amend the Small Business Act to promote the involvement of small
business concerns and small business joint ventures in certain types of
procurement contracts, to establish the Small Business Procurement
Competition Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2001
Mr. Kerry (for himself and Mr. Bond) introduced the following bill;
which was read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Act to promote the involvement of small
business concerns and small business joint ventures in certain types of
procurement contracts, to establish the Small Business Procurement
Competition Program, 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 ``Small Business Procurement
Competition Act of 2001''.
SEC. 2. DEFINITION OF COVERED CONTRACTS.
Section 15(e)(4) of the Small Business Act (15 U.S.C. 644(e)(4)) is
amended--
(1) by inserting after ``bundled contract'' the following:
``, the aggregate dollar value of which is anticipated to be
less than $8,000,000, or any contract, whether or not the
contract is a bundled contract, the aggregate dollar value of
which is anticipated to be $8,000,000 or more'';
(2) by striking ``In the'' and inserting the following:
``(A) In general.--In the''; and
(3) by adding at the end the following:
``(B) Contracting goals.--
``(i) In general.--A contract award under
this paragraph to a team that is comprised
entirely of small business concerns shall be
counted toward the small business contracting
goals of the contracting agency, as required by
this Act.
``(ii) Preponderance test.--The ownership
of the small business that conducts the
preponderance of the work in a contract awarded
to a team described in clause (i) shall
determine the category or type of award for
purposes of meeting the contracting goals of
the contracting agency.''.
SEC. 3. PROPORTIONATE WORK REQUIREMENTS FOR BUNDLED CONTRACTS.
(a) Section 8.--Section 8(a)(14)(A) of the Small Business Act (15
U.S.C. 637(a)(14)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) notwithstanding clauses (i) and (ii), in the case
of a bundled contract--
``(I) the concern will perform work for at least 33
percent of the aggregate dollar value of the
anticipated award;
``(II) no other concern will perform a greater
proportion of the work on that contract; and
``(III) no other concern that is not a small
business concern will perform work on the contract.''.
(b) Qualified HUBZone Small Business Concerns.--Section
3(p)(5)(A)(i)(III) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(III)) is amended--
(1) in item (bb), by striking ``and'' at the end;
(2) by redesignating item (cc) as item (dd); and
(3) by inserting after item (bb) the following:
``(cc) notwithstanding
items (aa) and (bb), in the
case of a bundled contract, the
concern will perform work for
at least 33 percent of the
aggregate dollar value of the
anticipated award, no other
concern will perform a greater
proportion of the work on that
contract, and no other concern
that is not a small business
concern will perform work on
the contract; and''.
(c) Section 15.--Section 15(o)(1) of the Small Business Act (15
U.S.C. 644(o)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) notwithstanding subparagraphs (A) and (B), in the
case of a bundled contract--
``(i) the concern will perform work for at least 33
percent of the aggregate dollar value of the
anticipated award;
``(ii) no other concern will perform a greater
proportion of the work on that contract; and
``(iii) no other concern that is not a small
business concern will perform work on the contract.''.
SEC. 4. SMALL BUSINESS PROCUREMENT COMPETITION PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``Federal agency'' has the same meaning as in
section 3 of the Small Business Act (15 U.S.C. 632);
(3) the term ``Program'' means the Small Business
Procurement Competition Program established under subsection
(b);
(4) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(5) the term ``small business-only joint ventures'' means a
team described in section 15(e)(4) of the Small Business Act
(15 U.S.C. 644(e)(4)) comprised of only small business
concerns.
(b) Establishment of Program.--The Administrator shall establish in
the Small Business Administration a pilot program to be known as the
``Small Business Procurement Competition Program''.
(c) Purposes of Program.--The purposes of the Program are--
(1) to encourage small business-only joint ventures to
compete for contract awards to fulfill the procurement needs of
Federal agencies;
(2) to facilitate the formation of joint ventures for
procurement purposes among small business concerns;
(3) to engage in outreach to small business-only joint
ventures for Federal agency procurement purposes; and
(4) to engage in outreach to the Director of the Office of
Small and Disadvantaged Business Utilization and the
procurement officer within each Federal agency.
(d) Outreach.--Under the Program, the Administrator shall establish
procedures to conduct outreach to small business concerns interested in
forming small business-only joint ventures for the purpose of
fulfilling procurement needs of Federal agencies, subject to the rules
of the Administrator, in consultation with the heads of those Federal
agencies.
(e) Regulatory Authority.--The Administrator shall promulgate such
regulations as may be necessary to carry out this section.
(f) Small Business Administration Database.--The Administrator
shall establish and maintain a permanent database that identifies small
business concerns interested in forming small business-only joint
ventures, and shall make the database available to each Federal agency
and to small business concerns in electronic form to facilitate the
formation of small business-only joint ventures.
(g) Termination of Program.--The Program (other than the database
established under subsection (f)) shall terminate 3 years after the
date of enactment of this Act.
(h) Report to Congress.--Not later than 60 days before the date of
termination of the Program, the Administrator shall submit a report to
Congress on the results of the Program, together with any
recommendations for improvements to the Program and its potential for
use Governmentwide.
(i) Relationship to Other Laws.--Nothing in this section waives or
modifies the applicability of any other provision of law to
procurements of any Federal agency in which small business-only joint
ventures may participate under the Program.
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