[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.
                                 <all>