[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4118 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4118

To amend the Small Business Act to provide for increased small business 
   participation in multiple award contracts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2012

  Mr. Critz (for himself, Ms. Velazquez, Mr. Cicilline, and Ms. Hahn) 
 introduced the following bill; which was referred to the Committee on 
   Small Business, and in addition to the Committee on Oversight and 
 Government Reform, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Small Business Act to provide for increased small business 
   participation in multiple award contracts, 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 
Improvement Act of 2012''.

SEC. 2. INCREASING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD 
              CONTRACTS.

    (a) In General.--Section 15(r) of the Small Business Act (15 U.S.C. 
644(r)) is amended--
            (1) by striking ``may, at their discretion'' and inserting 
        the following: ``shall, to the maximum extent practicable, 
        include small business concerns in multiple award contracts, as 
        defined in section 3(v) of this Act, including'';
            (2) in paragraph (1), by striking ``set'' and inserting 
        ``setting'';
            (3) in paragraph (2)--
                    (A) by striking ``set'' and inserting ``setting''; 
                and
                    (B) by striking ``and'' at the end;
            (4) in paragraph (3)--
                    (A) by striking ``reserve'' and inserting 
                ``reserving''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (5) by inserting after paragraph (3) the following:
            ``(4) making full use of the set-aside programs established 
        in sections 8(a), 8(m), 31, and 36 of this Act and any other 
        program under this Act that provides for set-asides of 
        contracts for small businesses.''.
    (b) Agency Outreach.--Section 15 of the Small Business Act (15 
U.S.C. 644) is amended by adding at the end the following:
    ``(s) Agency Outreach Program.--The Administrator, in consultation 
with the Administrator of the Office of Federal Procurement Policy and 
any agency that obtains 5 percent of procurement requirements through a 
multiple award contract, shall carry out a program to increase the 
participation of small business concerns in multiple award contracts, 
as defined in section 3(v) of this Act. Such program shall--
            ``(1) increase awareness among small business concerns 
        regarding multiple award contracts;
            ``(2) provide small business concerns with education and 
        training on Federal agency procedures for the bid and award of 
        multiple award contracting procedures;
            ``(3) assist small business concerns with becoming listed 
        on multiple award contracts, including the Federal Supply 
        Schedules of the General Services Administration; and
            ``(4) develop measures to track small business 
        participation in multiple award contracts, including awards 
        pursuant to those contracts.''.

SEC. 3. DEFINITIONS.

    Section 3 of the Small Business Act (15 U.S.C. 632) is amended--
            (1) in subsection (v)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end; and
                    (B) by redesignating paragraph (2) as paragraph 
                (5), and inserting after paragraph (1) the following:
            ``(2) a contract under the Federal Supply Schedule program 
        of the General Services Administration;
            ``(3) a multi-agency contract which is a contract, or a 
        task order or delivery order awarded pursuant to such a 
        contract, established by one agency for use by Government 
        agencies to obtain supplies, services, or both, in accordance 
        with section 1535 of title 31, United States Code;
            ``(4) a Government-wide acquisition contract which is a 
        contract, task order contract, or delivery order contract for 
        information technology established by one agency for 
        Government-wide use pursuant to section 11302(e) of title 40, 
        United States Code; and''; and
            (2) by adding at the end the following:
    ``(dd) Blanket Purchase Agreement.--In this Act, the term `blanket 
purchase agreement' has the meaning given such term in sections 13.303-
01 and 13.303-2 of title 48, Code of Federal Regulations (as in effect 
on October 1, 2011).
    ``(ee) Basic Ordering Agreement.--In this Act, the term `basic 
ordering agreement' has the meaning given such term in section 16.703 
of title 48, Code of Federal Regulations (as in effect on October 1, 
2011).''.

SEC. 4. ENSURING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD 
              CONTRACTS, MULTI-AGENCY CONTRACTS, AND GOVERNMENT-WIDE 
              ACQUISITION CONTRACTS.

    Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is 
amended--
            (1) by striking ``(g)(1) The President shall'' and 
        inserting ``(g)(1)(A) The President shall''; and
            (2) by inserting after paragraph (1) the following:
                    ``(B) The President shall annually establish 
                Government-wide goals for the total dollar value of all 
                task orders and delivery orders placed against multiple 
                award contracts, blanket purchase agreements, and basic 
                ordering agreements awarded to small business concerns, 
                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.''.

SEC. 5. IMPROVEMENTS TO THE SMALL BUSINESS RESERVE.

    Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is 
amended--
            (1) by striking ``$100,000'' each place it appears and 
        inserting ``$200,000''; and
            (2) by adding at the end the following:
            ``(4) Multiple award contract applicability.--
                    ``(A) This subsection applies to all task or 
                delivery orders placed against multiple award 
                contracts, including any contract under the Federal 
                Supply Schedule program of the General Services 
                Administration.
                    ``(B) The Administrator, in consultation with the 
                Administrator of General Services Administration, shall 
                within 120 days of the date of enactment of this Act, 
                issue regulations regarding--
                            ``(i) how the Administrator of the General 
                        Services Administration will ensure that the 
                        correct size standard is applied to each task 
                        order;
                            ``(ii) how the Administrator of the General 
                        Services Administration will ensure that the 
                        non-manufacturer rule and limitation on 
                        subcontracting provisions are implemented at 
                        the task order level; and
                            ``(iii) how the Administrator of the 
                        General Services Administration will ensure 
                        that its electronic ordering systems display 
                        the correct size information for small business 
                        concerns seeking the set aside of a task 
                        order.''.

SEC. 6. SMALL BUSINESS REPRESENTATION ON THE FEDERAL ACQUISITION 
              REGULATORY COUNCIL.

    (a) In General.--Section 1302(b)(1) of title 41, United States 
Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the Administrator of the Small Business 
                Administration.''.
    (b) Deciding Vote.--Section 1302 of such title is further amended 
by adding at the end the following:
    ``(c) Deciding Vote.--In the case of an equal vote among council 
membership, the Administrator of the Office of Federal Procurement 
Policy will have the deciding vote.''.
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