[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3980 Reported in House (RH)]

                                                 Union Calendar No. 525
112th CONGRESS
  2d Session
                                H. R. 3980

                          [Report No. 112-722]

  To amend the Small Business Act with respect to procurement center 
   representatives and acquisition planning, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2012

   Ms. Herrera Beutler (for herself and Mr. Schrader) introduced the 
 following bill; which was referred to the Committee on Small Business

                           December 21, 2012

Additional sponsors: Mr. Graves of Missouri, Mr. Mulvaney, Mr. Chabot, 
Mr. Walsh of Illinois, Mr. West, Mr. Hanna, Mr. Schilling, Mr. Tipton, 
                      Mrs. Ellmers, and Mr. McKeon

                           December 21, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 8, 2012]


_______________________________________________________________________

                                 A BILL


 
  To amend the Small Business Act with respect to procurement center 
   representatives and acquisition planning, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Opportunity Act of 2012''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.

              TITLE I--PROCUREMENT CENTER REPRESENTATIVES

Sec. 101. Procurement center representatives.
Sec. 102. Small Business Act contracting requirements training.

                     TITLE II--ACQUISITION PLANNING

Sec. 201. Acquisition planning.

              TITLE I--PROCUREMENT CENTER REPRESENTATIVES

SEC. 101. PROCUREMENT CENTER REPRESENTATIVES.

    (a) In General.--Section 15(l) of the Small Business Act (15 U.S.C. 
644(l)) is amended by striking the subsection enumerator and inserting 
the following:
    ``(l) Procurement Center Representatives.--''.
    (b) Assignment and Role.--Paragraph (1) of section 15(l) of such 
Act (15 U.S.C. 644(l)) is amended to read as follows:
            ``(1) Assignment and role.--The Administrator shall assign 
        to each major procurement center a procurement center 
        representative with such assistance as may be appropriate.''.
    (c) Activities.--Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) 
is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``(2) In addition to carrying out the responsibilities assigned 
        by the Administration, a breakout'' and inserting the 
        following:
            ``(2) Activities.--A'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) attend any provisioning conference or similar 
                evaluation session during which a determination may be 
                made with respect to the procurement method to be used 
                to satisfy a requirement, review any acquisition plan 
                with respect to a requirement, and make recommendations 
                regarding procurement method determinations and 
                acquisition plans;'';
            (3) in subparagraph (B)--
                    (A) by striking ``(B) review, at any time, 
                restrictions on competition'' and inserting the 
                following:
                    ``(B) review, at any time, barriers to small 
                business participation in Federal contracting'';
                    (B) by striking ``items'' and inserting ``goods and 
                services''; and
                    (C) by striking ``limitations'' and inserting 
                ``barriers'';
            (4) in subparagraph (C) by striking ``(C) review 
        restrictions on competition'' and inserting the following:
                    ``(C) review barriers to small business 
                participation in Federal contracting'';
            (5) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) review any bundled or consolidated 
                solicitation or contract in accordance with this 
                Act;'';
            (6) in subparagraph (E) by striking ``(E) have access to'' 
        and inserting the following:
                    ``(E) have access to''; and
            (7) by striking subparagraphs (F) and (G) and inserting the 
        following:
                    ``(F) receive, from personnel responsible for 
                reviewing unsolicited proposals, copies of unsolicited 
                proposals from small business concerns and any 
                information on outcomes relating to such proposals;
                    ``(G) participate in any session or planning 
                process and review any documents with respect to a 
                decision to convert an activity performed by a small 
                business concern to an activity performed by a Federal 
                employee;
                    ``(H) have electronic access to any acquisition 
                plan developed or in development with respect to a 
                procurement activity;
                    ``(I) be an advocate for the maximum practicable 
                utilization of small business concerns in Federal 
                contracting, including by advocating against the 
                bundling of contract requirements when not justified; 
                and
                    ``(J) carry out any other responsibility assigned 
                by the Administrator.''.
    (d) Appeals.--Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is 
amended by striking ``(3) A breakout procurement center 
representative'' and inserting the following:
            ``(3) Appeals.--A procurement center representative''.
    (e) Notification and Inclusion.--Paragraph (4) of section 15(l) of 
such Act (15 U.S.C. 644(l)) is amended to read as follows:
            ``(4) Notification and inclusion.--A procurement center 
        representative shall be notified of and included in all 
        applicable acquisition planning processes.''.
    (f) Position Requirements.--Section 15(l)(5) of such Act (15 U.S.C. 
644(l)(5)) is amended--
            (1) by striking the paragraph enumerator and inserting the 
        following:
            ``(5) Position requirements.--'';
            (2) by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A) In general.--A procurement center 
                representative assigned under this subsection shall--
                            ``(i) be a full-time employee of the 
                        Administration;
                            ``(ii) be fully qualified, technically 
                        trained, and familiar with the goods and 
                        services procured by the major procurement 
                        center to which that representative is 
                        assigned; and
                            ``(iii) have a Level III Federal 
                        Acquisition Certification in Contracting (or 
                        any successor certification) or the equivalent 
                        Department of Defense certification, except 
                        that any person serving in such a position on 
                        the date of enactment of this clause may 
                        continue to serve in that position for a period 
                        of 5 years without the required 
                        certification.''; and
            (3) in subparagraph (C) by striking ``(C) The 
        Administration shall establish personnel positions for breakout 
        procurement representatives and advisers assigned pursuant to'' 
        and inserting the following:
                    ``(B) Compensation.--The Administrator shall 
                establish personnel positions for procurement center 
                representatives assigned under''.
    (g) Major Procurement Center Defined.--Section 15(l)(6) of such Act 
(15 U.S.C. 644(l)(6)) is amended--
            (1) by striking ``(6) For purposes'' and inserting the 
        following:
            ``(6) Major procurement center defined.--For purposes''; 
        and
            (2) by striking ``other than commercial items and which has 
        the potential to incur significant savings as the result of the 
        placement of a breakout procurement center representative'' and 
        inserting ``goods or services, including goods or services that 
        are commercially available''.
    (h) Training.--Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) 
is amended--
            (1) by striking the paragraph enumerator and inserting the 
        following:
            ``(7) Training.--'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Authorization.--At such times as the 
                Administrator deems appropriate, a procurement center 
                representative shall provide training for contracting 
                officers, other appropriate personnel of the 
                procurement center to which such representative is 
                assigned, and small businesses groups seeking to do 
                business with such procurement center. Such training 
                shall acquaint the participants with the provisions of 
                this subsection and shall instruct the participants in 
                methods designed to further the purposes of this 
                subsection.
                    ``(B) Limitation.--A procurement center 
                representative may provide training under subparagraph 
                (A) only to the extent that the training does not 
                interfere with the representative carrying out other 
                activities under this subsection.''; and
            (3) in subparagraph (B)--
                    (A) by striking ``(B) The breakout procurement 
                center representative'' and inserting the following:
            ``(8) Annual briefing and report.--A procurement center 
        representative''; and
                    (B) by striking ``sixty'' and inserting ``60''.

SEC. 102. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Defense Acquisition University and the 
Federal Acquisition Institute shall each provide a course on 
contracting requirements under the Small Business Act, including the 
requirements for small business concerns owned and controlled by 
service-disabled veterans, qualified HUBZone small business concerns, 
small business concerns owned and controlled by socially and 
economically disadvantaged individuals, and small business concerns 
owned and controlled by women.
    (b) Course Required.--To have a Federal Acquisition Certification 
in Contracting (or any successor certification) or the equivalent 
Department of Defense certification an individual shall be required to 
complete the course established under subsection (a).
    (c) Requirement That Business Opportunity Specialists Be 
Certified.--Section 7(j)(10)(D)(i) of the Small Business Act (15 U.S.C. 
636(j)(10)(D)(i)) is amended by inserting after ``to assist such 
Program Participant.'' the following: ``The Business Opportunity 
Specialist shall have a Level I Federal Acquisition Certification in 
Contracting (or any successor certification) or the equivalent 
Department of Defense certification, except that a Business Opportunity 
Specialist serving at the time of the date of enactment of the Small 
Business Opportunity Act of 2012 may continue to serve as a Business 
Opportunity Specialist for a period of 5 years beginning on that date 
of enactment without such a certification.''.
    (d) GAO Report.--Not later than 365 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study and submit a report to the Committee on Small 
Business of the House of Representatives and the Committee on Small 
Business and Entrepreneurship of the Senate on the relationship between 
the size and quality of the acquisition workforce and the Federal 
government's ability to maximize the utilization of small businesses in 
Federal procurement. The report shall specifcally address the 
following:
            (1) The extent to which training on small business 
        contracting laws affects a contracting officer's determination 
        to use one of the contracting authorities provided in the Small 
        Business Act.
            (2) The relationship between a robust Federal acquisition 
        workforce and small business success in obtaining Federal 
        contracting opportunities.
            (3) The effect on economic growth if small businesses 
        experienced a significant reduction in small business 
        procurement activities.
            (4) The effect of the anticipated acceleration of 
        retirements by the acquisition workforce on small business 
        procurement opportunities.

                     TITLE II--ACQUISITION PLANNING

SEC. 201. ACQUISITION PLANNING.

    Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is 
amended--
            (1) by striking ``the various agencies'' and inserting ``a 
        Federal department or agency''; and
            (2) by striking the period and inserting ``and each such 
        Federal department or agency shall--
                    ``(A) enumerate opportunities for the participation 
                of small business concerns during all acquisition 
                planning processes and in all acquisition plans;
                    ``(B) invite the participation of the appropriate 
                Director of Small and Disadvantaged Business 
                Utilization in all acquisition planning processes and 
                provide that Director access to all acquisition plans 
                in development; and
                    ``(C) invite the participation of the appropriate 
                procurement center representative in all acquisition 
                planning processes and provide that representative 
                access to all acquisition plans in development.''.
                                                 Union Calendar No. 525

112th CONGRESS

  2d Session

                               H. R. 3980

                          [Report No. 112-722]

_______________________________________________________________________

                                 A BILL

  To amend the Small Business Act with respect to procurement center 
   representatives and acquisition planning, and for other purposes.

_______________________________________________________________________

                           December 21, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed