[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1038 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 198
115th CONGRESS
  1st Session
                                S. 1038

 To require the Administrator of the Small Business Administration to 
submit to Congress a report on the utilization of small businesses with 
                 respect to certain Federal contracts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2017

     Mrs. Ernst (for herself, Mrs. Gillibrand, Ms. Hirono, and Ms. 
  Duckworth) introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

                             August 2, 2017

                Reported by Mr. Risch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require the Administrator of the Small Business Administration to 
submit to Congress a report on the utilization of small businesses with 
                 respect to certain Federal contracts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) since the passage of the Budget Control Act of 
        2011 (Public Law 112-25; 125 Stat. 240), many Federal agencies 
        have started favoring longer-term Federal contracts, including 
        multiple award contracts, over direct individual 
        awards;</DELETED>
        <DELETED>    (2) these multiple award contracts have grown to 
        more than one-fifth of Federal contract spending, with the 
        fastest growing multiple award contracts surpassing 
        $100,000,000 in obligations for the first time between 2013 and 
        2014;</DELETED>
        <DELETED>    (3) in fiscal year 2017, 17 of the 20 largest 
        Federal contract opportunities are multiple award 
        contracts;</DELETED>
        <DELETED>    (4) while Federal agencies may choose to use any 
        or all of the various socio-economic groups on a multiple award 
        contract, the Small Business Administration only examines 
        socio-economic performance through the small business 
        procurement scorecard and does not examine potential 
        opportunities by those groups; and</DELETED>
        <DELETED>    (5) Congress and the Department of Justice have 
        been clear that no individual socio-economic group shall be 
        given preference over another.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act--</DELETED>
        <DELETED>    (1) the term ``Administrator'' means the 
        Administrator of the Small Business Administration;</DELETED>
        <DELETED>    (2) the term ``covered small business concerns'' 
        means--</DELETED>
                <DELETED>    (A) HUBZone small business 
                concerns;</DELETED>
                <DELETED>    (B) small business concerns owned and 
                controlled by service-disabled veterans;</DELETED>
                <DELETED>    (C) small business concerns owned and 
                controlled by women; and</DELETED>
                <DELETED>    (D) socially and economically 
                disadvantaged small business concerns, as defined in 
                section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 
                637(a)(4)(A)), receiving assistance under such section 
                8(a); and</DELETED>
        <DELETED>    (3) the terms ``HUBZone small business concern'', 
        ``small business concern'', ``small business concern owned and 
        controlled by service-disabled veterans'', and ``small business 
        concern owned and controlled by women'' have the meanings given 
        those terms in section 3 of the Small Business Act (15 U.S.C. 
        632).</DELETED>

<DELETED>SEC. 3. REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Small Business and Entrepreneurship of the Senate and the Committee 
on Small Business of the House of Representatives a report that 
includes--</DELETED>
        <DELETED>    (1) a determination as to whether small business 
        concerns and each category of covered small business concerns 
        described in subparagraphs (A) through (D) of section 3(2) are 
        being utilized in a significant portion of the Federal market 
        on multiple award contracts, including--</DELETED>
                <DELETED>    (A) whether awards are being reserved for 
                one or more of those categories; and</DELETED>
                <DELETED>    (B) whether each such category is being 
                given the opportunity to perform on multiple award 
                contracts;</DELETED>
        <DELETED>    (2) a determination as to whether performance 
        requirements for multiple award contracts, as in effect on the 
        day before the date of enactment of this Act, are feasible and 
        appropriate for small business concerns; and</DELETED>
        <DELETED>    (3) any additional information as the 
        Administrator may determine necessary.</DELETED>
<DELETED>    (b) Requirement.--In making the determinations required 
under subsection (a), the Administrator shall use information from 
multiple award contracts--</DELETED>
        <DELETED>    (1) with varied assigned North American Industry 
        Classification System codes; and</DELETED>
        <DELETED>    (2) that were awarded by not less than eight 
        Federal agencies.</DELETED>

SECTION 1. FINDINGS.

    Congress finds that--
            (1) since the passage of the Budget Control Act of 2011 
        (Public Law 112-25; 125 Stat. 240), many Federal agencies have 
        started favoring longer-term Federal contracts, including 
        multiple award contracts, over direct individual awards;
            (2) these multiple award contracts have grown to more than 
        one-fifth of Federal contract spending, with the fastest 
        growing multiple award contracts surpassing $100,000,000 in 
        obligations for the first time between 2013 and 2014;
            (3) in fiscal year 2017, 17 of the 20 largest Federal 
        contract opportunities are multiple award contracts;
            (4) while Federal agencies may choose to use any or all of 
        the various socio-economic groups on a multiple award contract, 
        the Small Business Administration only examines socio-economic 
        performance through the small business procurement scorecard 
        and does not examine potential opportunities by those groups; 
        and
            (5) Congress and the Department of Justice have been clear 
        that no individual socio-economic group shall be given 
        preference over another.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Small Business Administration;
            (2) the term ``covered small business concerns'' means--
                    (A) HUBZone small business concerns;
                    (B) small business concerns owned and controlled by 
                service-disabled veterans;
                    (C) small business concerns owned and controlled by 
                women; and
                    (D) socially and economically disadvantaged small 
                business concerns, as defined in section 8(a)(4)(A) of 
                the Small Business Act (15 U.S.C. 637(a)(4)(A)), 
                receiving assistance under such section 8(a); and
            (3) the terms ``HUBZone small business concern'', ``small 
        business concern'', ``small business concern owned and 
        controlled by service-disabled veterans'', and ``small business 
        concern owned and controlled by women'' have the meanings given 
        those terms in section 3 of the Small Business Act (15 U.S.C. 
        632).

SEC. 3. REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Small Business and Entrepreneurship of the Senate and the Committee 
on Small Business of the House of Representatives a report that 
includes--
            (1) a determination as to whether small business concerns 
        and each category of covered small business concerns described 
        in subparagraphs (A) through (D) of section 2(2) are being 
        utilized in a significant portion of the Federal market on 
        multiple award contracts, including--
                    (A) whether awards are being reserved for 1 or more 
                of those categories; and
                    (B) whether each such category is being given the 
                opportunity to perform on multiple award contracts;
            (2) a determination as to whether performance requirements 
        for multiple award contracts, as in effect on the day before 
        the date of enactment of this Act, are feasible and appropriate 
        for small business concerns; and
            (3) any additional information as the Administrator may 
        determine necessary.
    (b) Requirement.--In making the determinations required under 
subsection (a), the Administrator shall use information from multiple 
award contracts--
            (1) with varied assigned North American Industry 
        Classification System codes; and
            (2) that were awarded by not less than 8 Federal agencies.
                                                       Calendar No. 198

115th CONGRESS

  1st Session

                                S. 1038

_______________________________________________________________________

                                 A BILL

 To require the Administrator of the Small Business Administration to 
submit to Congress a report on the utilization of small businesses with 
                 respect to certain Federal contracts.

_______________________________________________________________________

                             August 2, 2017

                       Reported with an amendment