[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5778-S5780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2443. Mr. CARDIN (for himself, Ms. Murkowski, Mr. Sullivan, and 
Ms. Hirono) submitted an amendment intended to be proposed to amendment 
SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. 
Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. 90___. SMALL BUSINESS CONTRACTING.

       (a) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``covered procurement'' means a procurement 
     that the Administrator determines--
       (A) is in a quantity or of an estimated dollar value which 
     makes the participation of a small business concern as a 
     prime contractor unlikely;
       (B) in the case of a procurement for construction, seeks to 
     bundle or consolidate discrete construction projects; or
       (C) is a solicitation that consolidates procurement 
     requirements for goods or services, 1 or more of which were 
     previously provided or performed by a small business concern 
     for any Federal agency, into a solicitation of offers for a 
     single contract, agreement, or order that is likely to be 
     unsuitable for award to a small business concern; and
       (3) the terms ``Federal agency'' and ``small business 
     concern'' have the meanings given

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     those terms in section 3 of the Small Business Act (15 U.S.C. 
     632); and
       (4) the term ``procurement center representative'' means--
       (A) a procurement center representative as described in 
     section 15(l) of the Small Business Act (15 U.S.C. 644(l)); 
     or
       (B) if a procurement center representative described in 
     subparagraph (A) is not assigned to the procuring activity, 
     the Office of Government Contracting of the Administration 
     serving the area of the procuring activity.
       (b) Expanding Surety Bond Program.--Section 411(a)(1) of 
     the Small Business Investment Act of 1958 (15 U.S.C. 
     694b(a)(1)) is amended--
       (1) in subparagraph (A), by striking ``$6,500,000'' and 
     inserting ``$10,000,000''; and
       (2) by amending subparagraph (B) to read as follows:
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract entered 
     into by a Federal agency in an amount that does not exceed 
     $20,000,000.''.
       (c) Large and Small Prime Contract Opportunities.--
       (1) Notice to procurement center representatives.--Not 
     later than 30 days before issuing a solicitation for a 
     proposed covered procurement, and concurrent with other 
     processing steps required before issuing the solicitation, a 
     Federal agency shall provide to the procurement center 
     representative of the Federal agency the following:
       (A) A copy of the proposed covered procurement.
       (B) A statement explaining, as applicable to the proposed 
     covered procurement:
       (i) Why the proposed covered procurement cannot be divided 
     into smaller quantities, lots, or tasks to permit offers on 
     less than the total requirement.
       (ii) Why delivery schedules cannot be established on a 
     realistic basis that will encourage the participation of 
     small business concerns in a manner consistent with the 
     actual requirements of the Federal agency.
       (iii) Why the proposed covered procurement cannot be 
     offered to increase the likelihood of the participation of 
     small business concerns.
       (iv) In the case of a proposed covered procurement for 
     construction, why the proposed covered procurement cannot be 
     offered as separate, discrete projects.
       (v) Why the Federal agency has determined that 
     consolidating contract requirements is necessary and 
     justified.
       (2) Alternatives to increase prime contracting 
     opportunities for small business concerns.--Not later than 15 
     days after the date on which a procurement center 
     representative receives a statement described in paragraph 
     (1)(B) with respect to a proposed covered procurement, and if 
     the procurement center representative determines that the 
     proposed covered procurement will make the participation of 
     small business concerns as prime contractors unlikely, the 
     procurement center representative shall recommend to the 
     Federal agency 1 or more alternative procurement methods for 
     increasing prime contracting opportunities for small business 
     concerns.
       (3) Failure to agree on an alternative procurement 
     method.--
       (A) In general.--If a procurement center representative 
     proposes 1 or more alternative procurement methods to a 
     Federal agency under paragraph (2) and the procurement center 
     representative and the Federal agency are unable to agree on 
     an alternative procurement method, the Administrator shall 
     submit the matter to the head of the appropriate Federal 
     agency, who shall adopt the recommended alternative 
     procurement method proposed by the Administrator unless such 
     head issues a determination that the benefit of the proposed 
     covered procurement as compared to the alternative 
     procurement method exceeds the harm to small business 
     concerns.
       (B) Nondelegable.--The duties and authorities of the head 
     of a Federal agency under subparagraph (A) may not be 
     delegated.
       (d) Contract Cap Amounts and Sole Source Award Authority.--
       (1) Qualified hubzone small business concerns.--Section 
     31(c)(2)(A) of the Small Business Act (15 U.S.C. 
     657a(c)(2)(A)) is amended to read as follows:
       ``(A) Sole source contracts.--A contracting officer may 
     award a sole source contract 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 the contract opportunity;
       ``(ii) the contracting officer does not have a reasonable 
     expectation that 2 or more qualified HUBZone small business 
     concerns will submit offers for the contracting opportunity;
       ``(iii) the anticipated award price of the contract 
     (including options and options periods) will not exceed--

       ``(I) $10,000,000 in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(II) $8,000,000 in the case of any other contract 
     opportunity; and

       ``(iv) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''.
       (2) Small business concern owned and controlled by service-
     disabled veterans.--Section 36(c) of the Small Business Act 
     (15 U.S.C. 657f(c)) is amended to read as follows:
       ``(c) Sole Source Contracts.--A contracting officer may 
     award a sole source contract under this section to any small 
     business concern owned and controlled by service-disabled 
     veterans if--
       ``(1) the concern is determined to be a responsible 
     contractor with respect to performance of the contract 
     opportunity;
       ``(2) the contracting officer does not have a reasonable 
     expectation that 2 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 
     (including options and options periods) will not exceed--
       ``(A) $10,000,000, in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(B) $8,000,000, in the case of any other contract 
     opportunity; and
       ``(4) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''.
       (3) 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--
       (A) 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) the 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 2 or more small business concerns owned and 
     controlled by women described in paragraph (2)(A) will submit 
     offers for the contracting opportunity;
       ``(C) the anticipated award price of the contract 
     (including options and options periods) will not exceed--
       ``(i) $10,000,000, in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(ii) $8,000,000, in the case of all other contract 
     opportunities; and
       ``(D) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''; 
     and
       (B) 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) the 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 2 or more small business concerns owned and 
     controlled by women that are certified under paragraph (2)(E) 
     and are in an industry that has received a waiver under 
     paragraph (3) will submit offers for the contract 
     opportunity;
       ``(C) the anticipated award price of the contract 
     (including options and options periods) will not exceed--
       ``(i) $10,000,000, in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(ii) $8,000,000, in the case of any other contract 
     opportunity; and
       ``(D) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''.
       (4) 8(a) contracts.--Section 8(a)(1)(D)(i) of the Small 
     Business Act (15 U.S.C. 637(a)(1)(D)(i)) is amended by 
     striking subclause (II) and inserting the following:
       ``(II) the anticipated award price of the contract 
     (including options and options periods) will exceed--
       ``(aa) $10,000,000 in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(bb) $8,000,000 in the case of any other contract 
     opportunity.''.
       (e) Governmentwide Contracting Goals.--Section 15(g)(1)(A) 
     of the Small Business Act (15 U.S.C. 644(g)(1)(A)) is 
     amended--
       (1) in clause (i), by striking ``23 percent'' and inserting 
     ``25 percent'';
       (2) in clause (ii), by striking ``3 percent'' and inserting 
     ``5 percent'';
       (3) in clause (iii), by striking ``3 percent'' and 
     inserting ``4 percent'';
       (4) in clause (iv), by striking ``at not less than'' and 
     all that follows and inserting the following: ``at not less 
     than--

       ``(I) 11 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2022;
       ``(II) 12 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2023;

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       ``(III) 13 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2024;
       ``(IV) 15 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2025 and each fiscal 
     year thereafter.''; and

       (5) in clause (v), by striking ``at not less than'' and all 
     that follows and inserting the following: ``at not less 
     than--

       ``(I) 6 percent of the total value of all prime contract 
     and subcontract awards for each of fiscal years 2022 and 
     2023; and
       ``(II) 7 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2024 and each fiscal 
     year thereafter.''.

       (f) Repeal of Bona Fide Office Rule.--
       (1) In general.--Section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)) is amended by striking paragraph (11).
       (2) Conforming amendments.--The Small Business Act (15 
     U.S.C. 631 et seq.) is amended--
       (A) in section 8(a) (15 U.S.C. 637(a))--
       (i) in paragraph (9)(B)(iv), by striking ``paragraph 
     (21)(B)'' and inserting ``paragraph (20)(B)''; and
       (ii) by redesignating paragraphs (12) through (21) as 
     paragraphs (11) through (20), respectively;
       (B) in section 15(h)(2)(E)(v) (15 U.S.C. 644(h)(2)(E)(v)), 
     in the matter preceding subclause (I), by striking ``section 
     8(a)(13)'' and inserting ``section 8(a)(12)''; and
       (C) in section 31(b)(2)(D)(i) (15 U.S.C. 657a(b)(2)(D)(i)), 
     by striking ``section 8(a)(15)'' and inserting ``section 
     8(a)(14)''.
       (g) 8(a) Waivers.--Section 8(a)(20) of the Small Business 
     Act (15 U.S.C. 637(a)(20)), as redesignated subsection (f)(2) 
     of this section, is amended--
       (1) in subparagraph (A), in the first sentence, by striking 
     ``subparagraph (B)'' and inserting ``subparagraphs (B) and 
     (F)'';
       (2) in subparagraph (B)--
       (A) by striking clause (iii); and
       (B) by redesignating clauses (iv) and (v) as clauses (iii) 
     and (iv), respectively;
       (3) by striking subparagraph (C) and inserting the 
     following:
       ``(C) The Administrator may waive the requirements of 
     subparagraph (A) if, in the case of clauses (i), (ii), and 
     (iii) of subparagraph (B), the Administrator is requested to 
     do so prior to the actual relinquishment of ownership or 
     control.''; and
       (4) by adding at the end the following:
       ``(F) If a contract or ownership and control of the concern 
     that initially received a contract awarded pursuant to this 
     subsection passes to another small business concern that is 
     an eligible Program Participant, the requirements of 
     subparagraph (A), including the termination described in the 
     second sentence of that subparagraph, shall not apply.''.
       (h) Interim Rules.--Not later than 90 days after the date 
     of enactment of this Act, the Administrator may issue rules, 
     including interim final rules, as necessary to carry out this 
     section and the amendments made by this section.
                                 ______