[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 190 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 190
To amend the Small Business Act to eliminate the inclusion of option
years in the award price for sole source contracts, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2019
Mr. Marshall (for himself and Mr. Schneider) introduced the following
bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to eliminate the inclusion of option
years in the award price for sole source 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 ``Expanding Contracting Opportunities
for Small Businesses Act of 2019''.
SEC. 2. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN SMALL BUSINESS
CONCERNS.
(a) Qualified HUBZone Small Business Concerns.--Subparagraph (A) of
section 31(b)(2) of the Small Business Act (15 U.S.C. 657a(b)(2)) is
amended to read as follows:
``(A) Sole source contracts.--A contracting officer
may award sole source contracts under this section to
any qualified HUBZone small business concern, if--
``(i) the qualified HUBZone small business
concern is determined to be a responsible
contractor with respect to performance of such
contract opportunity;
``(ii) the contracting officer does not
have a reasonable expectation that two or more
qualified HUBZone small business concerns will
submit offers for the contracting opportunity;
``(iii) the anticipated award price of the
contract will not exceed--
``(I) $7,000,000, in the case of a
contract opportunity assigned a
standard industrial classification code
for manufacturing; or
``(II) $4,000,000, in the case of
all other contract opportunities; and
``(iv) in the estimation of the contracting
officer, the contract award can be made at a
fair and reasonable price.''.
(b) Small Business Concern Owned and Controlled by Service-Disabled
Veterans.--Subsection (a) of section 36 of the Small Business Act (15
U.S.C. 657f) is amended to read as follows:
``(a) Sole Source Contracts.--In accordance with this section, a
contracting officer may award a sole source contract to any small
business concern owned and controlled by service-disabled veterans if--
``(1) such concern is determined to be a responsible
contractor with respect to performance of such contract
opportunity;
``(2) the contracting officer does not have a reasonable
expectation that two or more small business concerns owned and
controlled by service-disabled veterans will submit offers for
the contracting opportunity;
``(3) the anticipated award price of the contract will not
exceed--
``(A) $7,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(B) $4,000,000, in the case of any other contract
opportunity;
``(4) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price;
``(5) the contracting officer has notified the
Administration of the intent to make such award and requested
that the Administration determine the concern's eligibility for
award; and
``(6) the Administration has determined that such concern
is eligible for award.''.
(c) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is
amended--
(1) by amending paragraph (7) to read as follows:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women.--A contracting officer may award a sole source contract
under this subsection to any small business concern owned and
controlled by women described in paragraph (2)(A) and certified
under paragraph (2)(E) if--
``(A) such concern is determined to be a
responsible contractor with respect to performance of
the contract opportunity;
``(B) the contracting officer does not have a
reasonable expectation that two or more businesses
described in paragraph (2)(A) will submit offers;
``(C) the anticipated award price of the contract
will not exceed--
``(i) $7,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(ii) $4,000,000, in the case of any other
contract opportunity;
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price;
``(E) the contracting officer has notified the
Administration of the intent to make such award and
requested that the Administration determine the
concern's eligibility for award; and
``(F) the Administration has determined that such
concern is eligible for award.''; and
(2) by amending paragraph (8) to read as follows:
``(8) Authority for sole source contracts for small
business concerns owned and controlled by women in
substantially underrepresented industries.--A contracting
officer may award a sole source contract under this subsection
to any small business concern owned and controlled by women
certified under paragraph (2)(E) that is in an industry in
which small business concerns owned and controlled by women are
substantially underrepresented (as determined by the
Administrator under paragraph (3)) if--
``(A) such concern is determined to be a
responsible contractor with respect to performance of
the contract opportunity;
``(B) the contracting officer does not have a
reasonable expectation that two or more businesses in
an industry that has received a waiver under paragraph
(3) will submit offers;
``(C) the anticipated award price of the contract
will not exceed--
``(i) $7,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(ii) $4,000,000, in the case of any other
contract opportunity;
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price;
``(E) the contracting officer has notified the
Administration of the intent to make such award and
requested that the Administration determine the
concern's eligibility for award; and
``(F) the Administration has determined that such
concern is eligible for award.''.
(d) Elimination of the Inclusion of Option Years in the Award Price
for Contracts.--Section 8 of the Small Business Act (15 U.S.C. 637) is
amended by striking ``(including options)'' each place such term
appears.
SEC. 3. SBA CERTIFICATION PROGRAM NOTIFICATION.
(a) In General.--The Administrator of the Small Business
Administration shall notify the Committee on Small Business of the
House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate when the Administrator has implemented
each of the following:
(1) A program to certify small business concerns owned and
controlled by women (as defined in section 8(m) of the Small
Business Act (15 U.S.C. 637(m))).
(2) A program to certify small business concerns owned and
controlled by service-disabled veterans (as defined in section
3(q)(1) of the Small Business Act (15 U.S.C. 632(q))).
(b) Additional Notice.--The Administrator of the Small Business
Administration shall submit a copy of a notification required under
subsection (a) to the Law Revision Counsel of the House of
Representatives so that the Law Revision Counsel may execute the
amendments required under section 4.
SEC. 4. REMOVAL OF ELIGIBILITY DETERMINATION UPON IMPLEMENTATION OF
CERTIFICATION PROGRAMS.
Effective upon the notification described under section 3, the
Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8(m)--
(A) in paragraph (7)--
(i) in subparagraph (C), by adding ``and''
at the end;
(ii) in subparagraph (D), by striking the
semicolon at the end and inserting a period;
and
(iii) by striking subparagraphs (E) and
(F); and
(B) in paragraph (8)--
(i) in subparagraph (C), by adding ``and''
at the end;
(ii) in subparagraph (D), by striking the
semicolon at the end and inserting a period;
and
(iii) by striking subparagraphs (E) and
(F); and
(2) in section 36(a)--
(A) in paragraph (3), by adding ``and'' at the end;
(B) in paragraph (4), by striking the semicolon at
the end and inserting a period; and
(C) by striking paragraphs (5) and (6).
SEC. 5. GAO REPORT.
(a) Study.--With respect to the procurement programs of the Small
Business Administration for small business concerns owned and
controlled by women (as defined in section 8(m) of the Small Business
Act (15 U.S.C. 637(m))) and for small business concerns owned and
controlled by service-disabled veterans (as defined in section 3(q)(1)
of the Small Business Act (15 U.S.C. 632(q))), the Comptroller General
of the United States shall conduct an evaluation of the policies and
practices used by the Administration and other Federal agencies to
provide assurances that contracting officers are properly classifying
sole source awards under those programs in the Federal Procurement Data
System and that sole source contracts awarded under those programs are
being awarded to eligible concerns.
(b) Report.--Not later than 18 months after the Small Business
Administration implements the certification programs described under
section 3, the Comptroller General shall issue a report to the
Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
containing the findings made in carrying out the study required under
subsection (a).
(c) SBA Consideration of GAO Report.--
(1) In general.--The Administrator of the Small Business
Administration shall review the report issued under subsection
(b) and take such actions as the Administrator may determine
appropriate to address any concerns raised in such report and
any recommendations contained in such report.
(2) Report to congress.--After the review described under
paragraph (1), the Administrator shall issue a report to
Congress--
(A) stating that no additional actions were
necessary to address any concerns or recommendations
contained in the report; or
(B) describing the actions taken by the
Administrator to resolve such concerns or implement
such recommendations.
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