[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7401 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7401
To amend title 10, United States Code, to establish a goal for the
Department of Defense for participation by certain veteran-owned small
businesses in procurement contracts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Waltz (for himself and Mr. Panetta) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to establish a goal for the
Department of Defense for participation by certain veteran-owned small
businesses in procurement 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 ``Contract Our Veterans Act of 2024''.
SEC. 2. DEPARTMENT OF DEFENSE GOALS FOR PARTICIPATION BY CERTAIN
VETERAN-OWNED SMALL BUSINESSES IN PROCUREMENT CONTRACTS.
Chapter 287 of part V of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 3906. Small business concerns owned and controlled by veterans:
contracting goals and preferences
``(a) Contracting Goals.--In order to increase contracting
opportunities for small business concerns owned and controlled by
veterans and small business concerns owned and controlled by service-
disabled veterans, the Secretary shall--
``(1) establish a goal for each fiscal year for
participation in Department contracts (including subcontracts)
by small business concerns owned and controlled by veterans who
are not service-disabled veterans that is not less than the
governmentwide goal for that fiscal year for participation by
small business concerns owned and controlled by service-
disabled veterans under section 15(g)(1) of the Small Business
Act (15 U.S.C. 644(g)(1)); and
``(2) establish a goal for each fiscal year for
participation in Department contracts (including subcontracts)
by small business concerns owned and controlled by veterans
with service-connected disabilities that is not less than the
governmentwide goal for that fiscal year for participation by
small business concerns owned and controlled by service-
disabled veterans under section 15(g)(1) of the Small Business
Act (15 U.S.C. 644(g)(1)).
``(b) Sole Source Contracts for Contracts Above Simplified
Acquisition Threshold.--For purposes of meeting the goals under
subsection (a) and in accordance with this section, a contracting
officer may award a contract to a small business concern owned and
controlled by veterans or small business concerns owned and controlled
by service-disabled veterans using procedures other than competitive
procedures if--
``(1) such concern is determined to be a responsible source
with respect to performance of such contract opportunity;
``(2) the anticipated award price of the contract
(including options) will not exceed the amounts established in
section 36(c)(2) of the Small Business Act (15 U.S.C.
657f(c)(2)); and
``(3) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price that
offers best value to the United States.
``(c) Use of Restricted Competition.--Except as provided in
subsections (b) and (c), for purposes of meeting the goals under
subsection (a) and in accordance with this section, a contracting
officer shall award contracts on the basis of competition restricted to
small business concerns owned and controlled by veterans or small
business concerns owned and controlled by service-disabled veterans if
the contracting officer has a reasonable expectation that two or more
small business concerns owned and controlled by veterans or small
business concerns owned and controlled by service-disabled veterans (as
applicable) will submit offers and that the award can be made at a fair
and reasonable price that offers best value to the United States.
``(d) Eligibility of Small Business Concerns.--A small business
concern may be awarded a contract under this section only if the small
business concern and the veteran owner of the small business concern
are listed in the database described in section 36(f)(1) of the Small
Business Act (15 U.S.C. 657f(f)(1)).
``(e) Priority for Contracting Preferences.--Preferences for
awarding contracts to small business concerns shall be applied in the
following order of priority:
``(1) Contracts awarded pursuant to subsection (b) or (c)
to small business concerns owned and controlled by service-
disabled veterans.
``(2) Contracts awarded pursuant to subsection (b) or (c)
to small business concerns owned and controlled by veterans
that are not covered by paragraph (1).
``(3) Contracts awarded pursuant to--
``(A) section 8(a) of the Small Business Act (15
U.S.C. 637(a)); or
``(B) section 31 of such Act (15 U.S.C. 657a).
``(4) Contracts awarded pursuant to any other contracting
preference for small business concerns.
``(f) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given under section 3 of the Small Business Act (15 U.S.C.
632).
``(2) The terms `service-disabled veteran', `small business
concern owned and controlled by veterans', and `small business
concern owned and controlled by service-disabled veterans' have
the meanings given, respectively, under section 3(q) of the
Small Business Act (15 U.S.C. 632(q)).''.
<all>