117 HR 8941 IH: Preserving Small Business Prime Contracting Opportunities Act of 2022 U.S. House of Representatives 2022-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8941IN THE HOUSE OF REPRESENTATIVESSeptember 21, 2022Mr. Mfume (for himself and Mr. Meuser) introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo amend the Small Business Act to increase, prime contracting opportunities for small business concerns, and for other purposes.

1.

Short title

This Act may be cited as the Preserving Small Business Prime Contracting Opportunities Act of 2022.

2.

Increasing prime contracting opportunities for small business concerns

Section 15(a)(4) of the Small Business Act (15 U.S.C. 644(a)(4)) is amended—(1)in subsection (A)(iii), by striking an unnecessary or unjustified and inserting a;(2)in subparagraph (B)—(A)in the matter preceding clause (i), by striking With respect to and all that follows through issuing a solicitation and inserting Not later than 30 days before issuing a solicitation for a proposed procurement,; and(B)by amending clause (i) to read as follows:(i)why the proposed procurement cannot be divided into smaller quantities, lots, or tasks to permit offers on less than the total requirement;; and(3)by amending subparagraph (D) to read as follows:(D)

Failure to agree on an alternative procurement method

(i)

Selection

If the procurement center representative and the contracting agency fail to agree on an alternative procurement method under subparagraph (C), the Administrator shall select an alternative procurement method from the recommendations presented by the procurement center representative under such subparagraph and notify the head of the appropriate Federal agency.(ii)

Determination

Not later than 60 calendar days after receipt of a notification under clause (i), such head shall adopt the selected alternative procurement method unless such head, on a nondelegable basis, issues a determination to the Administrator that includes—(I) a cost-benefit analysis of the proposed procurement; and(II)an explanation of how the benefits of the proposed procurement outweigh the harm to small business concerns compared to the selected alternative procurement method.(iii)

Submission

The Administrator shall submit any determinations issued under clause (ii) along with the report required under subsection (p)(4). .