[Congressional Record Volume 155, Number 110 (Tuesday, July 21, 2009)]
[Senate]
[Pages S7792-S7793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE:
  S. 1489. A bill to amend the Small Business Act to create parity 
among small business contracting programs, and for other purposes; to 
the Committee on Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee 
on Small Business and Entrepreneurship, I rise to introduce this bill 
in order to correct disparities among the Small Business 
Administration's small business contracting programs. Building on my 
efforts to bring true parity to the program, this bill will create a 
more equitable and flexible method for federal agencies to fairly 
allocate federal procurement dollars to small business contractors 
across the nation. Earlier this year, I filed an amendment, cosponsored 
by my colleague from Maine, Senator Collins, to create parity as part 
of S. 454, the Weapon

[[Page S7793]]

Systems Acquisition Reform Act of 2009. Unfortunately, that amendment 
was not accepted.
  For years it has been unclear to the acquisition community what, if 
any, the true order of preference is for determining which small 
business contracting program is at the top of the agency's priority 
list. The SBA's regulations state that there is parity among the 
programs, and this had been the general practice in effect until two 
Government Accountability Office decisions were released on September 
19, 2008 and May 4, 2009.
  The decisions stated that the Historically Underutilized Business 
Zone, HUBZone, program had preference over all other small business 
contracting programs. While the interpretation benefits HUBZone 
businesses, it comes at the expense of other vital small business 
contracting programs. This targeted bill provides equity for the SBA's 
small business contracting programs.
  The bill provides Federal agencies with the necessary flexibility to 
satisfy their government-wide statutory small business contracting 
goals. This bill makes clear to purchasing agencies that contracting 
officers may award contracts to HUBZone, Service Disabled Veterans, 
8(a), or women-owned firms with equal deference to each program. It 
would provide these agencies with the ability to achieve their goaling 
requirements equally through an award to a HUBZone firm, a service-
disabled veteran-owned small business, and a small business 
participating in the 8(a) business development program. Of course this 
list will also include women-owned small businesses once the women's 
procurement program is fully implemented by the SBA.
  In addition, this bill brings the SBA's contracting programs closer 
to true parity by giving HUBZones a subcontracting goal. HUBZones are 
the only small business contracting program without a subcontracting 
goal. In addition, the bill authorizes mentor protege programs modeled 
after those used in the 8(a) program for HUBZones, service-disabled 
veteran and women-owned firms.
  The essence of true parity is where each program has an equal chance 
of competing and being selected for an award. During these difficult 
economic times, it is imperative that small business contractors 
possess an equal opportunity to compete for Federal contracts on the 
same playing field with each other.
  I urge my colleagues on both sides of the aisle to support this bill.

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