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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-944
======================================================================
CLARITY ON SMALL BUSINESS PARTICIPATION IN CATEGORY MANAGEMENT ACT OF
2018
_______
September 12, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Chabot, from the Committee on Small Business, submitted the
following
R E P O R T
[To accompany H.R. 6382]
The Committee on Small Business, to whom was referred the
bill (H.R. 6382) to amend the Small Business Act to require the
Administrator of the Small Business Administration to report
certain information to the Congress and to the President, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
I. Purpose and Bill Summary........................................2
II. Need for Legislation............................................2
III. Hearings........................................................7
IV. Committee Consideration.........................................7
V. Committee Votes.................................................7
VI. Section-by-Section of H.R. 6382.................................9
VII. Congressional Budget Office Cost Estimate.......................9
VIII. Unfunded Mandates...............................................9
IX. New Budget Authority, Entitlement Authority, and Tax Expenditure9
X. Oversight Findings..............................................9
XI. Statement of Constitutional Authority..........................10
XII. Congressional Accountability Act...............................10
XIII. Federal Advisory Committee Act Statement.......................10
XIV. Statement of No Earmarks.......................................10
XV. Statement of Duplication of Federal Programs...................10
XVI. Disclosure of Directed Rule Makings............................10
XVII. Performance Goals and Objectives...............................10
XVIII.Changes in Existing Law, Made by the Bill, As Reported.........10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clarity on Small Business
Participation in Category Management Act of 2018''.
SEC. 2. REPORTING.
Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended
by adding at the end the following:
``(4) Best in class small business participation reporting.--
``(A) Addendum.--The Administrator, in addition to
the requirements under paragraph (2), shall include in
the report required by such paragraph, for each best in
class designation--
``(i) the total amount of spending government
wide in such designation;
``(ii) the number of small business concerns
awarded contracts and the dollar amount of
contracts within such category awarded to each
of the following--
``(I) HUBZone small business
concerns;
``(II) small business concerns owned
and controlled by women;
``(III) small business concerns owned
and controlled by service-disabled
veterans; and
``(IV) socially and economically
disadvantaged small business concerns.
``(B) Best in class.--The term `best in class' has
the meaning given to it by the Director of the Office
of Management and Budget.
``(C) Effective date.--The Administrator shall be
required to report on the information described by
subparagraph (A) beginning on the date that such
information is available in the Federal Procurement
Data System, the System for Award Management, or any
successor to such systems.''.
I. Purpose and Bill Summary
The purpose of H.R. 6382, the ``Clarity on Small Business
Participation in Category Management Act of 2018,'' is to allow
Congress to obtain critical information regarding the
participation of small businesses in specially-designated
multiple award contracts known as ``best-in-class'' contracts.
H.R. 6382 requires the Small Business Administration (SBA)
to report federal spending made through designated ``best-in-
class'' vehicles, and to report on the dollars awarded through
these vehicles to small businesses. Additionally, the bill
requires the SBA to report the dollar amount of contracts
awarded to HUBZone, women-owned, service-disabled veteran-
owned, and socially and economically disadvantaged (also known
as 8(a)) small businesses. The bill becomes effective on the
date in which this information becomes available on the
appropriate government run procurement tracking system.
II. Background and Need for Legislation
H.R. 6382 was introduced by Rep. Alma Adams (D-NC) and
Chairman Steve Chabot (R-OH) on July 16, 2018. Background on
each of the bill's provisions is provided below, along with an
explanation of the need for legislation.
A. CATEGORY MANAGEMENT--A HISTORICAL PERSPECTIVE
The United States federal government is the single largest
buyer in the world, spending over $300 billion on goods and
services each year.\1\ Historically, the majority of common
federal agency needs were acquired in a disaggregated manner,
creating duplicative contracts with different requirements and
prices.\2\ This fragmented purchasing approach resulted in
inefficiencies that the Office of Management and Budget (OMB)
has sought to mitigate for many years\3\ through government-
wide initiatives such as the Federal Strategic Sourcing
Initiative (FSSI) and Category Management (CM). These
procurement approaches attempted to eliminate redundancies,
increase efficiency, and deliver value and savings to the
taxpayer. Today, the Office of Federal Procurement Policy's
(OFPP) primary goal through CM is to simplify federal
contracting by ``leveraging common contracts and best practices
to drive savings and maximize efficiencies.''\4\ While the goal
is noble, the federal government has struggled in the past to
reconcile implementing these initiatives while also maintaining
the protections afforded to small businesses under the Small
Business Act.
---------------------------------------------------------------------------
\1\The White House, President's Management Agenda 36 (2018),
available at https://www.whitehouse.gov/wp-content/uploads/2018/03/The-
Presidents-Management-Agenda.pdf.
\2\Agencies have paid different prices for the same item, sometimes
at as much as a 300% difference. Michelle E. Litteken, Category
Management 101: What Every Contractor Needs to Know, Piliero Mazza
(June 28, 2016), http://www.pilieromazza.com/blog/category-management-
101-what-every-contractor-needs-to-know.
\3\Category Management, 81 Fed. Reg. 69,860 (Oct. 7, 2016).
\4\Supra note 1.
---------------------------------------------------------------------------
a. Contract bundling and consolidation
Several executive branch initiatives have promoted the use
of contract bundling and consolidation in past years through
initiatives such as FSSI and CM.\5\ As previously examined by
this Committee,\6\ unjustified contract bundling\7\ and
consolidation\8\ remain among the greatest challenges for small
businesses wishing to compete in the federal marketplace.\9\
Contract bundling or consolidation occurs when several
separate, smaller contracts are combined into one unnecessarily
large contract, often with numerous and complex contract
requirements.\10\ While in some cases the benefits of bundling
and consolidation justify this procurement strategy, in others
it simply limits competition to the detriment of small firms.
This results in a decline in the number of small businesses
choosing to do business with the federal government. Thus,
contract bundling is a key issue for the health of the
industrial base.
---------------------------------------------------------------------------
\5\For a historical look at FSSI and category management, please
refer to: Contracting and the Industrial Base II: Bundling, Goaling,
and the Office of Hearings and Appeals: Hearing Before the Subcomm. on
Contracting and Workforce, 114th Cong. 7-17 (2015).
\6\The Committee has a long history of oversight with respect to
contract bundling. Throughout several Congresses, the Committee has
held a number of hearings on contract bundling, submitted letters
objecting to various procurement strategies that bundle contracts, and
met with procurement officials to express concerns over these
contracting strategies and how they may interfere with objectives to
expand procurement opportunities for small businesses. Several
legislative efforts have been undertaken to pursue common sense reforms
on bundling and consolidation.
\7\The Small Business Act (the Act) defines contract bundling as
``consolidating 2 or more procurement requirements for goods or
services previously provided or performed under separate smaller
contracts into a solicitation of offers for a single contract that is
likely to be unsuitable for award to a small-business concern.'' 15
U.S.C. 632(o)(2).
\8\A consolidated contract is one that satisfies ``2 or more
requirements of the Federal agency for goods or services that have been
provided to or performed for the Federal agency under 2 or more
separate contracts lower in cost than the total cost'' of the new
contract. 15 U.S.C. 657q(a)(2). The key distinction between contract
bundling and contract consolidation is that consolidation does not
require a finding that a contract will not be suitable for award to
small business. Therefore, a contract may be consolidated but not
bundled, but all bundled contracts are consolidated.
\9\Supra note 5.
\10\Contract bundling and consolidation, although used in tandem
throughout this memorandum, are different. For an analysis of the
difference between bundling and consolidation, please refer to:
Bungling Bundling: How Contract Bundling and Consolidation Remain
Challenges to Small Business Success: Hearing Before the Subcomm. on
Contracting and Workforce, 113th Cong. (2013).
---------------------------------------------------------------------------
b. A brief history of category management
The transition from strategic sourcing to category
management as a more holistic approach to procurement began in
2014 when the OFPP announced the intention to begin ``buying as
one through category management.''\11\ The CM approach would
allow procurement personnel to pay more attention to the data
behind how they spend and what they buy. However, the lack of
mechanisms for new entrants into the market and limiting the
number of companies able to compete still retained the risks
inherent in bundling and consolidation.
---------------------------------------------------------------------------
\11\OFPP, Transforming the Marketplace: Simplifying Federal
Procurement to Improve Performance, Drive Innovation and Increase
Savings 2 (Dec. 4, 2014), available at http://www.whitehouse.gov/sites/
default/files/omb/procurement/memo/simplifying-federal-procurement-to-
improve-performance-drive-innovation-increase-savings.pdf.
---------------------------------------------------------------------------
The 2016 OMB Circular,\12\ published at the end of the
previous Administration, proposed to ``establish a government-
wide approach to acquiring common goods and services'' and
``promote, to the fullest extent possible, maximum adoption of
category management principles, strategies, and
requirements.''\13\ Additionally, the Circular prescribed the
designation and use of Best-In-Class (BIC) vehicles.\14\ BIC is
a designation by OMB that a particular contract vehicle is a
``preferred government-wide solution''\15\ and are
``recommended--and in some cases required--for use.''\16\ The
Circular does acknowledge that increasing small business
participation in the CM initiative is a priority, promising to
monitor small business participation and meet or exceed
baseline small business use under the current procurement
framework.\17\ However, due to the nature of CM as a
procurement strategy, ensuring the health of the small business
industrial base would be difficult to achieve, as will be
described later in this memorandum.
---------------------------------------------------------------------------
\12\Supra note 3.
\13\Supra note 3.
\14\Supra note 3.
\15\According to the GSA, BIC ``allows acquisition experts to take
advantage of pre-vetted, government-wide solutions; supports a
government-wide migration to solutions that are mature and market-
proven; assists in the optimization of spend, within the government-
wide category management framework; and increase the transactional data
available for agency level and government-wide analysis of buying
behavior.'' GSA, Best-In-Class, available at https://www.gsa.gov/
acquisition/category-management/bestinclass.
\16\GSA, Government-Wide Category Management: Best-In-Class & Spend
Under Management, available at https://www.gsa.gov/cdnstatic/
BIC_%26_SUM_One-pager_252018.pdf.
\17\Id.
---------------------------------------------------------------------------
B. CATEGORY MANAGEMENT IN THE PRESENT
The President's Management Agenda (PMA) published on March
20, 2018, specifically identifies CM as the preferred approach
to ``leverage common contracts and best practices to drive
savings and efficiencies.''\18\ The strategies outlined by the
PMA CM solution identify four key actions, including the
``establishment of annual goals to leverage common contract
solutions while meeting small business and other statutory
socio-economic goals.''\19\ The current approach utilizes a
tiered, ``spend under management'' (SUM) approach that includes
three tiers of spending, organized from tier 0 (one-to-one
contracts categorized as unaligned spend) up to tier 3, or
``best-in-class'' solutions (government-wide multiple-award
contracts meeting OMB's strict best-in-class criteria).
---------------------------------------------------------------------------
\18\Supra note 1.
\19\Supra note 1.
---------------------------------------------------------------------------
Targets for FY18 as established by the President's
Management Council directed agencies to ``(i) decrease their
unaligned spend [Tier 0] by 20 percent and (ii) increase the
use of BICs to 35 percent of spend [move spend from Tiers 1 & 2
up to Tier 3] that could suitably be made through those
vehicles.''\20\ There is no indication at this time whether
these targets will grow in later years, further decreasing Tier
0 spend while pushing a significant portion of contracting
activity to Tier 3; however, it remains a possibility.
---------------------------------------------------------------------------
\20\Office of Federal Procurement Policy, Harmonizing Category
Management & Small Business Goals 9 (May 24, 2018).
---------------------------------------------------------------------------
Furthermore, the federal government currently applies
category management principles to 42 percent of its good and
services spending through the use of common contracts (MACs and
GWACs at tiers 1-3).\21\ The goal, by fiscal year 2020, is to
increase this amount to 70 percent,\22\ which would mean that
the vast majority of federal spend would be managed using CM
principles.
---------------------------------------------------------------------------
\21\Supra note 1, at 37.
\22\Supra note 1, at 37.
---------------------------------------------------------------------------
C. POTENTIAL IMPLICATIONS FOR SMALL BUSINESS AND THE SHRINKING
INDUSTRIAL BASE
The industrial base has been trending downward. Even though
the federal government has met its small business goal for
several consecutive years, some research indicates that
contract consolidation efforts by the federal government
contributed to a quarter of small prime contractors
disappearing from the federal marketplace since 2010, even
while the total dollar amount awarded to small businesses
remained level.\23\ This data implies that the government's
focus on total contract dollars going to small businesses may
be misguided; attention should also be paid to the number of
businesses in the marketplace.
---------------------------------------------------------------------------
\23\Jason Miller, Number of Small Business Prime Contractors Down
by 25 Percent Since 2010, FED. News Radio (Oct. 16, 2017), https://
federalnewsradio.com/reporters-notebook-jason-miller/2017/10/number-of-
small-business-prime-contractors-down-by-25-percent-since-2010/.
---------------------------------------------------------------------------
a. Potential impact of targeted reductions in tier 0 spend
There is a perception among the small business community
that as the federal government prioritizes streamlining
acquisitions to achieve price reductions, the number of
solicitations appropriate for small businesses continues to
shrink.\24\ OMB is promoting spending at the higher tiers,
disincentivizing spending at Tier 0, which is where many one-
on-one small business contracts reside (i.e., through set-
asides and contracts below the simplified acquisition
threshold); thus, these targets may result in a decline in
opportunities and contract dollars for small firms. In addition
to the 20 percent target reduction in unaligned spend (Tier 0),
another target set by the Administration is a 13 percent
reduction of contracts by 2020 out of the 425,000 contracts
that are within Tier 0.\25\ While there is no confirmation that
OFPP is moving to further increase these targets in future
years, the current strategy appears to encourage overall
reductions in Tier 0 spending and thus, small business
contracts.
---------------------------------------------------------------------------
\24\Supra note 10, (statement of Juanita H. Beauford, President,
Assoc. of Procurement Technical Assistance Centers).
\25\Supra note 35.
---------------------------------------------------------------------------
b. Potential impact of increasing use of Tier 3 BICs to 35 percent
The use of the GSA Schedules and certain GWACs are an
attractive option for small businesses as these contract
vehicles have made increasingly diligent efforts to include
small businesses in their portfolio.\26\ Currently, there are
thousands of MACs and GWACs in the federal marketplace\27\ and
only a handful of BICs (in FY17 there were 26 BICs\28\). While
there may be an excess of MACs and GWACs, the targeted 35
percent increase in Tier 3 FY18 spending scales back the use of
huge numbers of non-BIC MACs and GWACs, which will have a
significant impact on the federal contracting market,
particularly for those that were not ``lucky'' enough to have
won a spot on a BIC.\29\
---------------------------------------------------------------------------
\26\Aaron Boyd, OMB Memo Ushers Major Shift in Federal Procurement,
Fed. Times (Oct. 20, 2015), https://www.federaltimes.com/acquisition/
2015/10/20/omb-memo-ushers-major-shift-in-federal-procurement/.
\27\Supra note 40.
\28\Supra note 30, at 10.
\29\Supra note 42.
---------------------------------------------------------------------------
Therefore, not only does it matter if a small business wins
a spot on a MAC or GWAC; there is mounting pressure to win
spots on the right contract, Tier 3 BICs. Particularly with the
target 35 percent increase in Tier 3 spending, GWACs and MACs
at lower tiers could become less attractive options for
contracting officers striving to meet that 35 percent goal.
Unfortunately, the implication is that for small businesses
that have already spent the time and resources competing for
positions on GWACs and MACs at lower tiers, their investment
has become less valuable.
D. SMALL BUSINESS INVOLVEMENT IN CATEGORY MANAGEMENT
The President's Management Agenda requires agencies to: 1)
continue to meet or exceed their small business goals; and 2)
meet their CM targets.\30\ Similarly to the way in which SBA
negotiates specific small business goals with each agency
individually, OFPP intends to tailor CM solutions to suit each
individual agency based on their baseline contracting
activities and needs, however, they are still expected to bring
their spend under management.\31\ While these are positive
steps recognizing the importance of small businesses, Office of
Small and Disadvantaged Business Utilization (OSDBU) directors
have raised concerns whether category management and small
business as a socioeconomic policy can successfully coexist.
Furthermore, OFPP's CM strategy essentially requires agencies
to spend target amounts through specific vehicles. This may
minimize agencies' flexibility in using the best procurements
suitable for their particular needs, which may impede agencies
from meeting their missions.
---------------------------------------------------------------------------
\30\Supra note 30, at 8.
\31\Supra note 30, at 12.
---------------------------------------------------------------------------
Even though SBA and OSDBUs are involved in CM
implementation, there is still significant concern among the
small business community that these policies will significantly
reduce the small business contracting workforce. H.R. 6382
takes an important first step, requiring the collection of
critical data which will be used as the basis to determine if
CM will have a negative impact on the industrial base.
III. Hearings
In the 115th Congress, the Committee held a hearing
examining the issues covered in H.R. 6382. On June 13, 2018,
the Committee on Small Business met for a hearing titled ``The
Impact of Category Management on the Small Business Industrial
Base.'' This hearing continued the Committee's longstanding
oversight over the use of contract bundling and consolidation
in the federal procurement system by scrutinizing the
Administration's approach to utilizing category management
principles. These category management principles were examined
in the context of past Executive Branch initiatives and
discussed the impact the current approach may have on small
businesses and the industrial base. Witnesses included subject
matter experts representing the HUBZone Contractors National
Council, Professional Services Council, National Defense
Industrial Association, and the U.S. Women's Chamber of
Commerce.
IV. Committee Consideration
The Committee on Small Business met in open session, with a
quorum being present, on July 18, 2018 and ordered H.R. 6382
favorably reported to the House. During the markup, one
amendment was offered.
Amendment Number One was offered by Rep. Stephanie Murphy
of Florida. This amendment clarified that the bill becomes
effective when the information required to be reported becomes
available on a federal procurement tracking system. The
amendment passed by voice vote at 11:57 am.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto. The Committee voted by voice vote to favorably report
H.R. 6382 to the House at 11:58 am.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
VI. Section-by-Section Analysis of H.R. 6382
Section 1. Short title
This section designates the short title as the ``Clarity on
Small Business Participation in Category Management Act of
2018''.
Section 2. Reporting
This section amends Section 15(h) of the Small Business
pertaining to the small business goaling report by adding a new
section requiring the Small Business Administration report on
the total amount of spending government wide through contract
vehicles designated as ``best-in-class,'' as defined by the
Office of Management and Budget, including spending broken down
by each of the socioeconomic categories: HUBZone small business
concerns, women-owned small business concerns, service-disabled
veteran-owned small business concerns, and socially and
economically disadvantaged (otherwise known as 8(a)) small
business concerns. This reporting requirement becomes effective
when the information becomes available on a federal procurement
tracking system.
VII. Congressional Budget Office Cost Estimate
At the time H.R. 6382 was reported to the House, the
Congressional Budget Office had not provided a cost estimate.
VIII. Unfunded Mandates
H.R. 6382 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act, Public
Law No. 104-4, and would impose no costs on state, local, or
tribal governments.
IX. New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement
authority, and tax expenditures. While the Committee has not
received an estimate of new budget authority contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to Sec. 402 of the Congressional Budget
Act of 1974, the Committee does not believe that there will be
any additional costs attributable to this legislation. H.R.
6382 does not direct new spending, but instead reallocates
funding independently authorized and appropriated.
X. Oversight Findings
In accordance with clause 2(b)(1) of rule X of the Rules of
the House, the oversight findings and recommendations of the
Committee on Small Business with respect to the subject matter
contained in H.R. 6382 are incorporated into the descriptive
portions of this report.
XI. Statement of Constitutional Authority
Pursuant to clause 7 of rule XII of the Rules of the House,
the Committee finds that the authority for this legislation in
Art. I, Sec. 8, cl.1.
XII Congressional Accountability Act
H.R. 6382 does not relate to the terms and conditions of
employment or access to public services or accommodations
within the meaning of Sec. 102(b)(3) of Public Law No. 104-1.
XIII. Federal Advisory Committee Act Statement
H.R. 6382 does not establish or authorize the establishment
of any new advisory committees as that term is defined in the
Federal Advisory Committee Act, 5 U.S.C. App.2.
XIV. Statement of No Earmarks
Pursuant to clause 9 of rule XXI, H.R. 6382 does not
contain any congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in subsections (d), (e), or
(f) of clause 9 of rule XXI of the Rules of the House.
XV. Statement of Duplication of Federal Programs
Pursuant to clause 3 of rule XIII of the Rules of the
House, no provision of H.R. 6382 establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the United States Government Accountability Office
pursuant to Sec. 21 of Pub. L. No. 111-139, or a program
related to a program identified in the most recent catalog of
federal domestic assistance.
XVI. Disclosure of Directed Rulemakings
Pursuant to clause 3 of the rule XIII of the Rules of the
House, H.R. 6382 does not direct any rulemaking.
XVII. Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House, the Committee establishes the following performance-
related goals and objectives for this legislation:
H.R. 6382 requires the SBA to report on small
business dollars spent through multiple award contract
vehicles specially designated as ``best-in-class'' or
otherwise by the Office of Management and Budget. The
objective is collect critical information regarding the
participation of small businesses in these contract
vehicles as these contract vehicles become increasingly
utilized among federal agencies.
XVIII. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause (E) of rule XIII of the Rules of
the House, changes in existing law made by the bill, as
reported, are shown as follows: existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SMALL BUSINESS ACT
* * * * * * *
Sec. 15.
(a) Small Business Procurements.--
(1) In general.--For purposes of this Act, small
business concerns shall receive any award or contract
if such award or contract is, in the determination of
the Administrator and the contracting agency, in the
interest of--
(A) maintaining or mobilizing the full
productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the
total purchases and contracts for goods and
services of the Government in each industry
category (as defined under paragraph (2)) are
awarded to small business concerns.
(2) Industry category defined.--
(A) In general.--In this subsection, the term
``industry category'' means a discrete group of
similar goods and services, as determined by
the Administrator in accordance with the North
American Industry Classification System codes
used to establish small business size
standards, except that the Administrator shall
limit an industry category to a greater extent
than provided under the North American Industry
Classification System codes if the
Administrator receives evidence indicating that
further segmentation of the industry category
is warranted--
(i) due to special capital equipment
needs;
(ii) due to special labor
requirements;
(iii) due to special geographic
requirements, except as provided in
subparagraph (B);
(iv) due to unique Federal buying
patterns or requirements; or
(v) to recognize a new industry.
(B) Exception for geographic requirements.--
The Administrator may not further segment an
industry category based on geographic
requirements unless--
(i) the Government typically
designates the geographic area where
work for contracts for goods or
services is to be performed;
(ii) Government purchases comprise
the major portion of the entire
domestic market for such goods or
services; and
(iii) it is unreasonable to expect
competition from business concerns
located outside of the general
geographic area due to the fixed
location of facilities, high
mobilization costs, or similar economic
factors.
(3) Determinations with respect to awards or
contracts.--Determinations made pursuant to paragraph
(1) may be made for individual awards or contracts, any
part of an award or contract or task order, or for
classes of awards or contracts or task orders.
(4) Increasing prime contracting opportunities for
small business concerns.--
(A) Description of covered proposed
procurements.--The requirements of this
paragraph shall apply to a proposed procurement
that includes in its statement of work goods or
services currently being supplied or performed
by a small business concern and, as determined
by the Administrator--
(i) is in a quantity or of an
estimated dollar value which makes the
participation of a small business
concern as a prime contractor unlikely;
(ii) in the case of a proposed
procurement for construction, seeks to
bundle or consolidate discrete
construction projects; or
(iii) is a solicitation that involves
an unnecessary or unjustified bundling
of contract requirements.
(B) Notice to procurement center
representatives.--With respect to proposed
procurements described in subparagraph (A), at
least 30 days before issuing a solicitation and
concurrent with other processing steps required
before issuing the solicitation, the
contracting agency shall provide a copy of the
proposed procurement to the procurement center
representative of the contracting agency (as
described in subsection (l)) along with a
statement explaining--
(i) why the proposed procurement
cannot be divided into reasonably small
lots (not less than economic production
runs) to permit offers on quantities
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 Government;
(iii) why the proposed procurement
cannot be offered to increase the
likelihood of the participation of
small business concerns;
(iv) in the case of a proposed
procurement for construction, why the
proposed procurement cannot be offered
as separate discrete projects; or
(v) why the contracting agency has
determined that the bundling of
contract requirements is necessary and
justified.
(C) Alternatives to increase prime
contracting opportunities for small business
concerns.--If the procurement center
representative believes that the proposed
procurement will make the participation of
small business concerns as prime contractors
unlikely, the procurement center
representative, within 15 days after receiving
the statement described in subparagraph (B),
shall recommend to the contracting agency
alternative procurement methods for increasing
prime contracting opportunities for small
business concerns.
(D) Failure to agree on an alternative
procurement method.--If the procurement center
representative and the contracting agency fail
to agree on an alternative procurement method,
the Administrator shall submit the matter to
the head of the appropriate department or
agency for a determination.
(5) Contracts for sale of Government property.--With
respect to a contract for the sale of Government
property, small business concerns shall receive any
such contract if, in the determination of the
Administrator and the disposal agency, the award of
such contract is in the interest of assuring that a
fair proportion of the total sales of Government
property be made to small business concerns.
(6) Sale of electrical power or other property.--
Nothing in this subsection shall be construed to change
any preferences or priorities established by law with
respect to the sale of electrical power or other
property by the Federal Government.
(7) Costs exceeding fair market price.--A contract
may not be awarded under this subsection if the cost of
the contract to the awarding agency exceeds a fair
market price.
(b) With respect to any work to be performed the amount of
which would exceed the maximum amount of any contract for which
a surety may be guaranteed against loss under section 411 of
the Small Business Investment Act of 1958 (15 U.S.C. 694(b)),
the contracting procurement agency shall, to the extent
practicable, place contracts so as to allow more than one small
business concern to perform such work.
(c)(1) As used in this subsection:
(A) The term ``Committee'' means the Committee for
Purchase from the Blind and Other Severely Handicapped
established under the first section of the Act entitled
``An Act to create a Committee on Purchases of Blind-
made Products, and for other purposes'', approved June
25, 1938 (41 U.S.C. 46).
(B) The term ``public or private organization for the
handicapped'' has the same meaning given such term in
section 3(e).
(C) The term ``handicapped individual'' has the same
meaning given such term in section 3(f).
(2)(A) During fiscal year 1995, public or private
organizations for the handicapped shall be eligible to
participate in programs authorized under this section in an
aggregate amount not to exceed $40,000,000.
(B) None of the amounts authorized for participation by
subparagraph (A) may be placed on the procurement list
maintained by the Committee pursuant to section 2 of the Act
entitled ``An Act to create a Committee on Purchases of Blind-
made Products, and for other purposes'', approved June 25, 1938
(41 U.S.C. 47).
(3) The Administrator shall monitor and evaluate such
participation.
(4)(A) Not later than ten days after the announcement of a
proposed award of a contract by an agency or department to a
public or private organization for the handicapped, a for-
profit small business concern that has experienced or is likely
to experience severe economic injury as the result of the
proposed award may file an appeal of the proposed award with
the Administrator.
(B) If such a concern files an appeal of a proposed award
under subparagraph (A) and the Administrator, after
consultation with the Executive Director of the Committee,
finds that the concern has experienced or is likely to
experience severe economic injury as the result of the proposed
award, not later than thirty days after the filing of the
appeal, the Administration shall require each agency and
department having procurement powers to take such action as may
be appropriate to alleviate economic injury sustained or likely
to be sustained by the concern.
(5) Each agency and department having procurement powers
shall report to the Office of Federal Procurement Policy each
time a contract subject to paragraph (2)(A) is entered into,
and shall include in its report the amount of the next higher
bid submitted by a for-profit small business concern. The
Office of Federal Procurement Policy shall collect data
reported under the preceding sentence through the Federal
procurement data system and shall report to the Administration
which shall notify all such agencies and departments when the
maximum amount of awards authorized under paragraph (2)(A) has
been made during any fiscal year.
(6) For the purpose of this subsection, a contract may be
awarded only if at least 75 per centum of the direct labor
performed on each item being produced under the contract in the
sheltered workshop or performed in providing each type of
service under the contract by the sheltered workshop is
performed by handicapped individuals.
(7) Agencies awarding one or more contracts to such an
organization pursuant to the provisions of this subsection may
use multiyear contracts, if appropriate.
(d) For purposes of this section priority shall be given to
the awarding of contracts and the placement of subcontracts to
small business concerns which shall perform a substantial
proportion of the production on those contracts and
subcontracts within areas of concentrated unemployment or
underemployment or within labor surplus areas. Notwithstanding
any other provison of law, total labor surplus area set-asides
pursuant to Defense Manpower Policy Number 4 (32A C.F.R.
Chapter 1) or any successor policy shall be authorized if the
Secretary or his designee specifically determines that there is
a reasonable expectation that offers will be obtained from a
sufficient number of eligible concerns so that awards will be
made at reasonable prices. As soon as practicable and to the
extent possible, in determining labor surplus areas,
consideration shall be given to those persons who would be
available for employment were suitable employment available.
Until such definition reflects such number, the present
criteria of such policy shall govern.
(e) Procurement Strategies; Contract Bundling.--
(1) In general.--To the maximum extent practicable,
procurement strategies used by a Federal department or
agency having contracting authority shall facilitate
the maximum participation of small business concerns as
prime contractors, subcontractors, and suppliers, and
each such Federal department or agency shall--
(A) provide opportunities for the
participation of small business concerns during
acquisition planning processes and in
acquisition plans; and
(B) invite the participation of the
appropriate Director of Small and Disadvantaged
Business Utilization in acquisition planning
processes and provide that Director access to
acquisition plans.
(2) Market research.--
(A) In general.--Before proceeding with an
acquisition strategy that could lead to a
contract containing consolidated procurement
requirements, the head of an agency shall
conduct market research to determine whether
consolidation of the requirements is necessary
and justified.
(B) Factors.--For purposes of subparagraph
(A), consolidation of the requirements may be
determined as being necessary and justified if,
as compared to the benefits that would be
derived from contracting to meet those
requirements if not consolidated, the Federal
Government would derive from the consolidation
measurably substantial benefits, including any
combination of benefits that, in combination,
are measurably substantial. Benefits described
in the preceding sentence may include the
following:
(i) Cost savings.
(ii) Quality improvements.
(iii) Reduction in acquisition cycle
times.
(iv) Better terms and conditions.
(v) Any other benefits.
(C) Reduction of costs not determinative.--
The reduction of administrative or personnel
costs alone shall not be a justification for
bundling of contract requirements unless the
cost savings are expected to be substantial in
relation to the dollar value of the procurement
requirements to be consolidated.
(3) Strategy specifications.--If the head of a
contracting agency determines that an acquisition plan
for a procurement involves a substantial bundling of
contract requirements, the head of a contracting agency
shall publish a notice on a public website that such
determination has been made not later than 7 days after
making such determination. Any solicitation for a
procurement related to the acquisition plan may not be
published earlier than 7 days after such notice is
published. Along with the publication of the
solicitation, the head of a contracting agency shall
publish a justification for the determination, which
shall include the following information:
(A) The specific benefits anticipated to be
derived from the bundling of contract
requirements and a determination that such
benefits justify the bundling.
(B) An identification of any alternative
contracting approaches that would involve a
lesser degree of bundling of contract
requirements.
(C) An assessment of--
(i) the specific impediments to
participation by small business
concerns as prime contractors that
result from the bundling of contract
requirements; and
(ii) the specific actions designed to
maximize participation of small
business concerns as subcontractors
(including suppliers) at various tiers
under the contract or contracts that
are awarded to meet the requirements.
(4) Contract teaming.--
(A) In general.--In the case of a
solicitation of offers for a bundled or
consolidated contract that is issued by the
head of an agency, a small business concern
that provides for use of a particular team of
subcontractors or a joint venture of small
business concerns may submit an offer for the
performance of the contract.
(B) Evaluation of offers.--The head of the
agency shall evaluate an offer described in
subparagraph (A) in the same manner as other
offers, with due consideration to the
capabilities of all of the proposed
subcontractors or members of the joint venture
as follows:
(i) Teams.--When evaluating an offer
of a small business prime contractor
that includes a proposed team of small
business subcontractors, the head of
the agency shall consider the
capabilities and past performance of
each first tier subcontractor that is
part of the team as the capabilities
and past performance of the small
business prime contractor.
(ii) Joint ventures.--When evaluating
an offer of a joint venture of small
business concerns, if the joint venture
does not demonstrate sufficient
capabilities or past performance to be
considered for award of a contract
opportunity, the head of the agency
shall consider the capabilities and
past performance of each member of the
joint venture as the capabilities and
past performance of the joint venture.
(C) Status as a small business concern.--
Participation of a small business concern in a
team or a joint venture under this paragraph
shall not affect the status of that concern as
a small business concern for any other purpose.
(f) Contracting Preference for Small Business Concerns in a
Major Disaster Area.--
(1) Definition.--In this subsection, the term
``disaster area'' means the area for which the
President has declared a major disaster, during the
period of the declaration.
(2) Contracting preference.--An agency shall provide
a contracting preference for a small business concern
located in a disaster area if the small business
concern will perform the work required under the
contract in the disaster area.
(3) Credit for meeting contracting goals.--If an
agency awards a contract to a small business concern
under the circumstances described in paragraph (2), the
value of the contract shall be doubled for purposes of
determining compliance with the goals for procurement
contracts under subsection (g)(1)(A).
(g)
(1) Governmentwide goals.--
(A) Establishment.--The President shall
annually establish Governmentwide goals for
procurement contracts awarded to small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women in accordance with the
following:
(i) The Governmentwide goal for
participation by small business
concerns shall be established at not
less than 23 percent of the total value
of all prime contract awards for each
fiscal year. In meeting this goal, the
Government shall ensure the
participation of small business
concerns from a wide variety of
industries and from a broad spectrum of
small business concerns within each
industry.
(ii) The Governmentwide goal for
participation by small business
concerns owned and controlled by
service-disabled veterans shall be
established at not less than 3 percent
of the total value of all prime
contract and subcontract awards for
each fiscal year.
(iii) The Governmentwide goal for
participation by qualified HUBZone
small business concerns shall be
established at not less than 3 percent
of the total value of all prime
contract and subcontract awards for
each fiscal year.
(iv) The Governmentwide goal for
participation by small business
concerns owned and controlled by
socially and economically disadvantaged
individuals shall be established at not
less than 5 percent of the total value
of all prime contract and subcontract
awards for each fiscal year.
(v) The Governmentwide goal for
participation by small business
concerns owned and controlled by women
shall be established at not less than 5
percent of the total value of all prime
contract and subcontract awards for
each fiscal year.
(B) Achievement of governmentwide goals.--
Each agency shall have an annual goal that
presents, for that agency, the maximum
practicable opportunity for small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women to participate in the
performance of contracts let by such agency.
The Small Business Administration and the
Administrator for Federal Procurement Policy
shall, when exercising their authority pursuant
to paragraph (2), insure that the cumulative
annual prime contract goals for all agencies
meet or exceed the annual Governmentwide prime
contract goal established by the President
pursuant to this paragraph.
(2)(A) The head of each Federal agency shall, after
consultation with the Administration, establish goals for the
participation by small business concerns, by small business
concerns owned and controlled by service-disabled veterans, by
qualified HUBZone small business concerns, by small business
concerns owned and controlled by socially and economically
disadvantaged individuals, and by small business concerns owned
and controlled by women in procurement contracts of such
agency. Such goals shall separately address prime contract
awards and subcontract awards for each category of small
business covered.
(B) Goals established under this subsection shall be jointly
established by the Administration and the head of each Federal
agency and shall realistically reflect the potential of small
business concerns, small business concerns owned and controlled
by service-disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled by
socially and economically disadvantaged individuals, and small
business concerns owned and controlled by women to perform such
contracts and to perform subcontracts under such contracts.
(C) Whenever the Administration and the head of any Federal
agency fail to agree on established goals, the disagreement
shall be submitted to the Administrator for Federal Procurement
Policy for final determination.
(D) After establishing goals under this paragraph for a
fiscal year, the head of each Federal agency shall develop a
plan for achieving such goals at both the prime contract and
the subcontract level, which shall apportion responsibilities
among the agency's acquisition executives and officials. In
establishing goals under this paragraph, the head of each
Federal agency shall make a consistent effort to annually
expand participation by small business concerns from each
industry category in procurement contracts and subcontracts of
such agency, including participation by small business concerns
owned and controlled by service-disabled veterans, qualified
HUBZone small business concerns, small business concerns owned
and controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women.
(E) The head of each Federal agency, in attempting to
attain expanded participation under subparagraph (D),
shall consider--
(i) contracts awarded as the result of
unrestricted competition; and
(ii) contracts awarded after competition
restricted to eligible small business concerns
under this section and under the program
established under section 8(a).
(F)(i) Each procurement employee or program manager
described in clause (ii) shall communicate to the
subordinates of the procurement employee or program
manager the importance of achieving goals established
under subparagraph (A).
(ii) A procurement employee or program
manager described in this clause is a senior
procurement executive, senior program manager,
or Director of Small and Disadvantaged Business
Utilization of a Federal agency having
contracting authority.
(3) First tier subcontracts that are awarded by Management
and Operating contractors sponsored by the Department of Energy
to small business concerns, small businesses concerns owned and
controlled by service disabled veterans, qualified HUBZone
small business concerns, small business concerns owned and
controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women, shall be considered toward the annually established
agency and Government-wide goals for procurement contracts
awarded.
(h) Reporting on Goals for Procurement Contracts Awarded to
Small Business Concerns.--
(1) Agency reports.--At the conclusion of each fiscal
year, the head of each Federal agency shall submit to
the Administrator a report describing--
(A) the extent of the participation by small
business concerns, small business concerns
owned and controlled by veterans (including
service-disabled veterans), qualified HUBZone
small business concerns, small business
concerns owned and controlled by socially and
economically disadvantaged individuals, and
small business concerns owned and controlled by
women in the procurement contracts of such
agency during such fiscal year;
(B) whether the agency achieved the goals
established for the agency under subsection
(g)(2) with respect to such fiscal year;
(C) any justifications for a failure to
achieve such goals; and
(D) a remediation plan with proposed new
practices to better meet such goals, including
analysis of factors leading to any failure to
achieve such goals.
(2) Reports by administrator.--Not later than 60 days
after receiving a report from each Federal agency under
paragraph (1) with respect to a fiscal year, the
Administrator shall submit to the President and
Congress, and to make available on a public Web site, a
report that includes--
(A) a copy of each report submitted to the
Administrator under paragraph (1);
(B) a determination of whether each goal
established by the President under subsection
(g)(1) for such fiscal year was achieved;
(C) a determination of whether each goal
established by the head of a Federal agency
under subsection (g)(2) for such fiscal year
was achieved;
(D) the reasons for any failure to achieve a
goal established under paragraph (1) or (2) of
subsection (g) for such fiscal year and a
description of actions planned by the
applicable agency to address such failure,
including the Administrator's comments and
recommendations on the proposed remediation
plan; and
(E) for the Federal Government and each
Federal agency, an analysis of the number and
dollar amount of prime contracts awarded during
such fiscal year to--
(i) small business concerns--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through unrestricted
competition;
(V) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns for purposes of the
initial contract; and
(VI) that were awarded using
a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, qualified HUBZone
small business concerns, small
business concerns owned and
controlled by socially and
economically disadvantaged
individuals, small business
concerns owned and controlled
by women, or a subset of any
such concerns;
(ii) small business concerns owned
and controlled by service-disabled
veterans--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through competitions
restricted to small business
concerns owned and controlled
by service-disabled veterans;
(V) through unrestricted
competition;
(VI) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned and controlled
by service-disabled veterans
for purposes of the initial
contract; and
(VII) that were awarded using
a procurement method that
restricted competition to
qualified HUBZone small
business concerns, small
business concerns owned and
controlled by socially and
economically disadvantaged
individuals, small business
concerns owned and controlled
by women, or a subset of any
such concerns;
(iii) qualified HUBZone small
business concerns--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through competitions
restricted to qualified HUBZone
small business concerns;
(V) through unrestricted
competition where a price
evaluation preference was used;
(VI) through unrestricted
competition where a price
evaluation preference was not
used;
(VII) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be qualified HUBZone
small business concerns for
purposes of the initial
contract; and
(VIII) that were awarded
using a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, small business
concerns owned and controlled
by socially and economically
disadvantaged individuals,
small business concerns owned
and controlled by women, or a
subset of any such concerns;
(iv) small business concerns owned
and controlled by socially and
economically disadvantaged
individuals--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals;
(V) through unrestricted
competition;
(VI) by reason of that
concern's certification as a
small business owned and
controlled by socially and
economically disadvantaged
individuals;
(VII) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned and controlled
by socially and economically
disadvantaged individuals for
purposes of the initial
contract; and
(VIII) that were awarded
using a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, qualified HUBZone
small business concerns, small
business concerns owned and
controlled by women, or a
subset of any such concerns;
(v) small business concerns owned by
an Indian tribe (as such term is
defined in section 8(a)(13)) other than
an Alaska Native Corporation--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals;
(V) through unrestricted
competition; and
(VI) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned by an Indian
tribe other than an Alaska
Native Corporation for purposes
of the initial contract;
(vi) small business concerns owned by
a Native Hawaiian Organization--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals;
(V) through unrestricted
competition; and
(VI) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned by a Native
Hawaiian Organization for
purposes of the initial
contract;
(vii) small business concerns owned
by an Alaska Native Corporation--
(I) in the aggregate;
(II) through sole source
contracts;
(III) through competitions
restricted to small business
concerns;
(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals;
(V) through unrestricted
competition; and
(VI) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned by an Alaska
Native Corporation for purposes
of the initial contract; and
(viii) small business concerns owned
and controlled by women--
(I) in the aggregate;
(II) through competitions
restricted to small business
concerns;
(III) through competitions
restricted using the authority
under section 8(m)(2);
(IV) through competitions
restricted using the authority
under section 8(m)(2) and in
which the waiver authority
under section 8(m)(3) was used;
(V) through sole source
contracts awarded using the
authority under subsection
8(m)(7);
(VI) through sole source
contracts awarded using the
authority under section
8(m)(8);
(VII) by industry for
contracts described in
subclause (III), (IV), (V), or
(VI);
(VIII) through unrestricted
competition;
(IX) that were purchased by
another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned and controlled
by women for purposes of the
initial contract; and
(X) that were awarded using a
procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, qualified HUBZone
small business concerns, small
business concerns owned and
controlled by socially and
economically disadvantaged
individuals, or a subset of any
such concerns; and
(F) for the Federal Government, the number,
dollar amount, and distribution with respect to
the North American Industry Classification
System of subcontracts awarded during such
fiscal year to small business concerns, small
business concerns owned and controlled by
service-disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by socially and
economically disadvantaged individuals, and
small business concerns owned and controlled by
women, provided that such information is
publicly available through data systems
developed pursuant to the Federal Funding
Accountability and Transparency Act of 2006
(Public Law 109-282), or otherwise available as
provided in paragraph (3).
(3) Procurement data.--
(A) Federal procurement data system.--
(i) In general.--To assist in the
implementation of this section, the
Administrator shall have access to
information collected through the
Federal Procurement Data System,
Federal Subcontracting Reporting
System, or any new or successor system.
(ii) GSA report.--On the date that
the Administrator makes available the
report required under paragraph (2),
the Administrator of the General
Services Administration shall submit to
the President and Congress, and shall
make available on a public website, a
report in the same form and manner, and
including the same information, as the
report required under paragraph (2).
The report shall include all
procurements made for the period
covered by the report and may not
exclude any contract awarded.
(B) Agency procurement data sources.--To
assist in the implementation of this section,
the head of each contracting agency shall
provide, upon request of the Administrator,
procurement information collected through
agency data collection sources in existence at
the time of the request. Contracting agencies
shall not be required to establish new data
collection systems to provide such data.
(4) Best in class small business participation
reporting.--
(A) Addendum.--The Administrator, in addition
to the requirements under paragraph (2), shall
include in the report required by such
paragraph, for each best in class designation--
(i) the total amount of spending
government wide in such designation;
(ii) the number of small business
concerns awarded contracts and the
dollar amount of contracts within such
category awarded to each of the
following--
(I) HUBZone small business
concerns;
(II) small business concerns
owned and controlled by women;
(III) small business concerns
owned and controlled by
service-disabled veterans; and
(IV) socially and
economically disadvantaged
small business concerns.
(B) Best in class.--The term ``best in
class'' has the meaning given to it by the
Director of the Office of Management and
Budget.
(C) Effective date.--The Administrator shall
be required to report on the information
described by subparagraph (A) beginning on the
date that such information is available in the
Federal Procurement Data System, the System for
Award Management, or any successor to such
systems.
(i) Nothing in this Act or any other provision of law
precludes exclusive small business set-asides for procurements
of architectural and engineering services, research,
development, test and evaluation, and each Federal agency is
authorized to develop such set-asides to further the interests
of small business in those areas.
(j)(1) Each contract for the purchase of goods and services
that has an anticipated value greater than the micro-purchase
threshold, but not greater than the simplified acquisition
threshold shall be reserved exclusively for small business
concerns unless the contracting officer is unable to obtain
offers from two or more small business concerns that are
competitive with market prices and are competitive with regard
to the quality and delivery of the goods or services being
purchased.
(2) In carrying out paragraph (1), a contracting officer
shall consider a responsive offer timely received from an
eligible small business offeror.
(3) Nothing in paragraph (1) shall be construed as precluding
an award of a contract with a value not greater than $100,000
under the authority of subsection (a) of section 8 of this Act,
section 2323 of title 10, United States Code, section 712 of
the Business Opportunity Development Reform Act of 1988 (Public
Law 100-656; 15 U.S.C. 644 note), or section 7102 of the
Federal Acquisition Streamlining Act of 1994.
(k) There is hereby established in each Federal agency having
procurement powers an office to be known as the ``Office of
Small and Disadvantaged Business Utilization''. The management
of each such office shall be vested in an officer or employee
of such agency, with experience serving in any combination of
the following roles: program manager, deputy program manager,
or assistant program manager for Federal acquisition program;
chief engineer, systems engineer, assistant engineer, or
product support manager for Federal acquisition program;
Federal contracting officer; small business technical advisor;
contracts administrator for Federal Government contracts;
attorney specializing in Federal procurement law; small
business liaison officer; officer or employee who managed
Federal Government contracts for a small business; or
individual whose primary responsibilities were for the
functions and duties of section 8, 15, 31, 36, or 44 of this
Act. Such officer or employee--
(1) shall be known as the ``Director of Small and
Disadvantaged Business Utilization'' for such agency;
(2) shall be appointed by the head of such agency to
a position that is a Senior Executive Service position
(as such term is defined under section 3132(a) of title
5, United States Code), except that, for any agency in
which the positions of Chief Acquisition Officer and
senior procurement executive (as such terms are defined
under section 44(a) of this Act) are not Senior
Executive Service positions, the Director of Small and
Disadvantaged Business Utilization may be appointed to
a position compensated at not less than the minimum
rate of basic pay payable for grade GS-15 of the
General Schedule under section 5332 of such title
(including comparability payments under section 5304 of
such title);
(3) shall be responsible only to (including with
respect to performance appraisals), and report directly
and exclusively to, the head of such agency or to the
deputy of such head, except that the Director for the
Office of the Secretary of Defense shall be responsible
only to (including with respect to performance
appraisals), and report directly and exclusively to,
such Secretary or the Secretary's designee;
(4) shall be responsible for the implementation and
execution of the functions and duties under sections 8,
15, 31, 36, and 44 of this Act which relate to such
agency;
(5) shall identify proposed solicitations that
involve significant bundling of contract requirements,
and work with the agency acquisition officials and the
Administration to revise the procurement strategies for
such proposed solicitations where appropriate to
increase the probability of participation by small
businesses as prime contractors, or to facilitate small
business participation as subcontractors and suppliers,
if a solicitation for a bundled contract is to be
issued;
(6) shall assist small business concerns to obtain
payments, required late payment interest penalties, or
information regarding payments due to such concerns
from an executive agency or a contractor, in conformity
with chapter 39 of title 31, United States Code, or any
other protection for contractors or subcontractors
(including suppliers) that is included in the Federal
Acquisition Regulation or any individual agency
supplement to such Government-wide regulation;
(7) shall have supervisory authority over personnel
of such agency to the extent that the functions and
duties of such personnel relate to functions and duties
under sections 8, 15, 31, 36, and 44 of this Act;
(8) shall assign a small business technical adviser
to each office to which the Administration has assigned
a procurement center representative--
(A) who shall be a full-time employee of the
procuring activity and shall be well qualified,
technically trained and familiar with the
supplies or services purchased at the activity;
and
(B) whose principal duty shall be to assist
the Administration procurement center
representative in his duties and functions
relating to sections 8, 15, 31, 36, and 44 of
this Act,
(9) shall cooperate, and consult on a regular basis,
with the Administration with respect to carrying out
the functions and duties described in paragraph (4) of
this subsection;
(10) shall make recommendations to contracting
officers as to whether a particular contract
requirement should be awarded pursuant to subsection
(a), section 8, 15, 31, or 36 of this Act, or section
2323 of title 10, United States Code, which shall be
made with due regard to the requirements of subsection
(m), and the failure of the contracting officer to
accept any such recommendations shall be documented and
included within the appropriate contract file;
(11) shall review and advise such agency on any
decision to convert an activity performed by a small
business concern to an activity performed by a Federal
employee;
(12) shall provide to the Chief Acquisition Officer
and senior procurement executive of such agency advice
and comments on acquisition strategies, market
research, and justifications related to section 44 of
this Act;
(13) may provide training to small business concerns
and contract specialists, except that such training may
only be provided to the extent that the training does
not interfere with the Director carrying out other
responsibilities under this subsection;
(14) shall receive unsolicited proposals and, when
appropriate, forward such proposals to personnel of the
activity responsible for reviewing such proposals;
(15) shall carry out exclusively the duties
enumerated in this Act, and shall, while the Director,
not hold any other title, position, or responsibility,
except as necessary to carry out responsibilities under
this subsection;
(16) shall submit, each fiscal year, to the Committee
on Small Business of the House of Representatives and
the Committee on Small Business and Entrepreneurship of
the Senate a report describing--
(A) the training provided by the Director
under paragraph (13) in the most recently
completed fiscal year;
(B) the percentage of the budget of the
Director used for such training in the most
recently completed fiscal year;
(C) the percentage of the budget of the
Director used for travel in the most recently
completed fiscal year; and
(D) any failure of the agency to comply with
section 8, 15, 31, or 36;
(17) shall, when notified by a small business concern
prior to the award of a contract that the small
business concern believes that a solicitation, request
for proposal, or request for quotation unduly restricts
the ability of the small business concern to compete
for the award--
(A) submit the notice of the small business
concern to the contracting officer and, if
necessary, recommend ways in which the
solicitation, request for proposal, or request
for quotation may be altered to increase the
opportunity for competition;
(B) inform the advocate for competition of
such agency (as established under section 1705
of title 41, United States Code, or section
2318 of title 10, United States Code) of such
notice; and
(C) ensure that the small business concern is
aware of other resources and processes
available to address unduly restrictive
provisions in a solicitation, request for
proposal, or request for quotation, even if
such resources and processes are provided by
such agency, the Administration, the
Comptroller General, or a procurement technical
assistance program established under chapter
142 of title 10, United States Code;
(18) shall review summary data provided by purchase
card issuers of purchases made by the agency greater
than the micro-purchase threshold (as defined under
section 1902 of title 41, United Stated Code) and less
than the simplified acquisition threshold to ensure
that the purchases have been made in compliance with
the provisions of this Act and have been properly
recorded in the Federal Procurement Data System, if the
method of payment is a purchase card issued by the
Department of Defense pursuant to section 2784 of title
10, United States Code, or by the head of an executive
agency pursuant to section 1909 of title 41, United
States Code;
(19) shall provide assistance to a small business
concern awarded a contract or subcontract under this
Act or under title 10 or title 41, United States Code,
in finding resources for education and training on
compliance with contracting regulations (including the
Federal Acquisition Regulation) after award of such a
contract or subcontract; and
(20) shall review all subcontracting plans required
by paragraph (4) or (5) of section 8(d) to ensure that
the plan provides maximum practicable opportunity for
small business concerns to participate in the
performance of the contract to which the plan applies.
This subsection shall not apply to the Administration.
(l) Procurement Center Representatives.--
(1) Assignment and role.--The Administrator shall
assign to each major procurement center a procurement
center representative with such assistance as may be
appropriate.
(2) Activities.--A procurement center representative
is authorized to--
(A) attend any provisioning conference or similar
evaluation session during which determinations are made
as to whether requirements are to be procured through
other than full and open competition and make
recommendations with respect to such requirements to
the members of such conference or session;
(B) review, at any time, barriers to small
business participation in Federal contracting
previously imposed on goods and services
through acquisition method coding or similar
procedures, and recommend to personnel of the
appropriate activity the prompt reevaluation of
such barriers;
(C) review barriers to small business
participation in Federal contracting arising
out of restrictions on the rights of the United
States in technical data, and, when
appropriate, recommend that personnel of the
appropriate activity initiate a review of the
validity of such an asserted restriction;
(D) review any bundled or consolidated
solicitation or contract in accordance with
this Act;
(E) have access to procurement records and
other data of the procurement center
commensurate with the level of such
representative's approved security clearance
classification, with such data provided upon
request in electronic format, when available;
(F) receive unsolicited proposals from small
business concerns and transmit such proposals
to personnel of the activity responsible for
reviewing such proposals, who shall furnish the
procurement center representative with
information regarding the disposition of any
such proposal;
(G) consult with the Director the Office of
Small and Disadvantaged Business Utilization of
that agency and the agency personnel described
in paragraph (7) and (8) of subsection (k) with
regard to agency insourcing decisions covered
by subsection (k)(11);
(H) be an advocate for the maximum
practicable utilization of small business
concerns in Federal contracting, including by
advocating against the consolidation or
bundling of contract requirements when not
justified;
(I) assist small business concerns with
finding resources for education and training on
compliance with contracting regulations
(including the Federal Acquisition Regulation)
after award of a contract or subcontract; and
(J) carry out any other responsibility
assigned by the Administrator.
(3) Appeals.--A procurement center representative is
authorized to appeal the failure to act favorably on
any recommendation made pursuant to paragraph (2). Such
appeal shall be filed and processed in the same manner
and subject to the same conditions and limitations as
an appeal filed by the Administrator pursuant to
subsection (a).
(4) The Administration shall assign and co-locate at least
two small business technical advisers to each major procurement
center in addition to such other advisers as may be authorized
from time to time. The sole duties of such advisers shall be to
assist the procurement center representative for the center to
which such advisers are assigned in carrying out the functions
described in paragraph (2) and the representatives referred to
in subsection (k)(6).
(5) Position requirements.--
(A) In general.--A procurement center
representative assigned under this subsection
shall--
(i) be a full-time employee of the
Administration;
(ii) be fully qualified, technically
trained, and familiar with the goods
and services procured by the major
procurement center to which that
representative is assigned; and
(iii) have the certification
described in subparagraph (C).
(B) Compensation.--The Administrator shall
establish personnel positions for procurement
center representatives assigned under this
subsection, which are classified at a grade
level of the General Schedule sufficient to
attract and retain highly qualified personnel.
(C) Certification requirements.--
(i) In general.--Consistent with the
requirements of clause (ii), a
procurement center representative shall
have a Level III Federal Acquisition
Certification in Contracting (or any
successor certification) or the
equivalent Department of Defense
certification, except that any person
serving in such a position on or before
January 3, 2013, may continue to serve
in that position for a period of 5
years without the required
certification.
(ii) Delay of certification
requirements.--
(I) Timing.--The
certification described in
clause (i) is not required for
any person serving as a
procurement center
representative until the date
that is one calendar year after
the date such person is
appointed as a procurement
center representative.
(II) Application.--The
requirements of subclause (I)
shall--
(aa) be included in
any initial job posting
for the position of a
procurement center
representative; and
(bb) apply to any
person appointed as a
procurement center
representative after
January 3, 2013.
(6) Major procurement center defined.--For purposes
of this subsection, the term ``major procurement
center'' means a procurement center that, in the
opinion of the Administrator, purchases substantial
dollar amounts of goods or services, including goods or
services that are commercially available.
(7) Training.--
(A) Authorization.--At such times as the
Administrator deems appropriate, the breakout
procurement center representative shall conduct
familiarization sessions for contracting
officers and other appropriate personnel of the
procurement center to which such representative
is assigned. Such sessions shall acquaint the
participants with the provisions of this
subsection and shall instruct them in methods
designed to further the purposes of such
subsection.
(B) Limitation.--A procurement center
representative may provide training under
subparagraph (A) only to the extent that the
training does not interfere with the
representative carrying out other activities
under this subsection.
(8) Annual briefing and report.--A procurement center
representative shall prepare and personally deliver an
annual briefing and report to the head of the
procurement center to which such representative is
assigned. Such briefing and report shall detail the
past and planned activities of the representative and
shall contain such recommendations for improvement in
the operation of the center as may be appropriate. The
head of such center shall personally receive such
briefing and report and shall, within 60 calendar days
after receipt, respond, in writing, to each
recommendation made by such representative.
(9) Scope of review.--The Administrator--
(A) may not limit the scope of review by the
procurement center representative for any
solicitation of a contract or task order
without regard to whether the contract or task
order or part of the contract or task order is
set aside for small business concerns, whether
1 or more contracts or task order awards are
reserved for small business concerns under a
multiple award contract, or whether or not the
solicitation would result in a bundled or
consolidated contract (as defined in subsection
(s)) or a bundled or consolidated task order;
and
(B) shall, unless the contracting agency
requests a review, limit the scope of review by
the procurement center representative for any
solicitation of a contract or task order if
such solicitation is awarded by or for the
Department of Defense and--
(i) is conducted pursuant to section
22 of the Arms Export Control Act (22
U.S.C. 2762);
(ii) is a humanitarian operation as
defined in section 401(e) of title 10,
United States Code;
(iii) is for a contingency operation,
as defined in section 101(a)(13) of
title 10, United States Code;
(iv) is to be awarded pursuant to an
agreement with the government of a
foreign country in which Armed Forces
of the United States are deployed; or
(v) both the place of award and the
place of performance are outside of the
United States and its territories.
(m)(1) Each agency subject to the requirements of section
2323 of title 10, United States Code, shall, when implementing
such requirements--
(A) establish policies and procedures that insure
that there will be no reduction in the number of dollar
value of contracts awarded pursuant to this section and
section 8(a) in order to achieve any goal or other
program objective; and
(B) assure that such requirements will not alter or
change the procurement process used to implement this
section or section 8(a).
(2) All procurement center representatives (including those
referred to in subsection (k)(6)), in addition to such other
duties as may be assigned by the Administrator, shall--
(A) monitor the performance of the procurement
activities to which they are assigned to ascertain the
degree of compliance with the requirements of paragraph
(1);
(B) report to their immediate supervisors all
instances of noncompliance with such requirements; and
(C) increase, insofar as possible, the number and
dollar value of procurements that may be used for the
programs established under this section, section 8(a),
and section 2323 of title 10, United States Code.
(n) For purposes of this section, the determination of labor
surplus areas shall be made on the basis of the criteria in
effect at the time of the determination, except that any
minimum population criteria shall not exceed twenty-five
thousand. Such determination, as modified by the preceding
sentence, shall be made by the Secretary of Labor.
(o) Limitations on Subcontracting.--A concern may not be
awarded a contract under subsection (a) as a small business
concern unless the concern agrees to satisfy the requirements
of section 46.
(p) Access to Data.--
(1) Bundled contract defined.--In this subsection,
the term ``bundled contract'' has the meaning given
such term in section 3(o)(1).
(2) Database.--
(A) In general.--Not later than 180 days
after the date of the enactment of this
subsection, the Administrator of the Small
Business Administration shall develop and shall
thereafter maintain a database containing data
and information regarding--
(i) each bundled contract awarded by
a Federal agency; and
(ii) each small business concern that
has been displaced as a prime
contractor as a result of the award of
such a contract.
(3) Analysis.--For each bundled contract that is to
be recompeted as a bundled contract, the Administrator
shall determine--
(A) the amount of savings and benefits (in
accordance with subsection (e)) achieved under
the bundling of contract requirements; and
(B) whether such savings and benefits will
continue to be realized if the contract remains
bundled, and whether such savings and benefits
would be greater if the procurement
requirements were divided into separate
solicitations suitable for award to small
business concerns.
(4) Annual report on contract bundling.--
(A) In general.--Not later than 1 year after
the date of the enactment of this paragraph,
and annually in March thereafter, the
Administration shall transmit a report on
contract bundling to the Committees on Small
Business of the House of Representatives and
the Senate.
(B) Contents.--Each report transmitted under
subparagraph (A) shall include--
(i) data on the number, arranged by
industrial classification, of small
business concerns displaced as prime
contractors as a result of the award of
bundled contracts by Federal agencies;
and
(ii) a description of the activities
with respect to previously bundled
contracts of each Federal agency during
the preceding year, including--
(I) data on the number and
total dollar amount of all
contract requirements that were
bundled; and
(II) with respect to each
bundled contract, data or
information on--
(aa) the
justification for the
bundling of contract
requirements;
(bb) the cost savings
realized by bundling
the contract
requirements over the
life of the contract;
(cc) the extent to
which maintaining the
bundled status of
contract requirements
is projected to result
in continued cost
savings;
(dd) the extent to
which the bundling of
contract requirements
complied with the
contracting agency's
small business
subcontracting plan,
including the total
dollar value awarded to
small business concerns
as subcontractors and
the total dollar value
previously awarded to
small business concerns
as prime contractors;
and
(ee) the impact of
the bundling of
contract requirements
on small business
concerns unable to
compete as prime
contractors for the
consolidated
requirements and on the
industries of such
small business
concerns, including a
description of any
changes to the
proportion of any such
industry that is
composed of small
business concerns.
(5) Access to data.--
(A) Federal procurement data system.--To
assist in the implementation of this section,
the Administration shall have access to
information collected through the Federal
Procurement Data System.
(B) Agency procurement data sources.--To
assist in the implementation of this section,
the head of each contracting agency shall
provide, upon request of the Administration,
procurement information collected through
existing agency data collection sources.
(q) Reports Related to Procurement Center Representatives.--
(1) Teaming and joint venture requirements.--
(A) In general.--Each Federal agency shall
include in each solicitation for any multiple
award contract above the substantial bundling
threshold of the Federal agency a provision
soliciting bids from any responsible source,
including responsible small business concerns
and teams or joint ventures of small business
concerns.
(B) Teams.--When evaluating an offer of a
small business prime contractor that includes a
proposed team of small business subcontractors
for any multiple award contract above the
substantial bundling threshold of the Federal
agency, the head of the agency shall consider
the capabilities and past performance of each
first tier subcontractor that is part of the
team as the capabilities and past performance
of the small business prime contractor.
(C) Joint ventures.--When evaluating an offer
of a joint venture of small business concerns
for any multiple award contract above the
substantial bundling threshold of the Federal
agency, if the joint venture does not
demonstrate sufficient capabilities or past
performance to be considered for award of a
contract opportunity, the head of the agency
shall consider the capabilities and past
performance of each member of the joint venture
as the capabilities and past performance of the
joint venture.
(2) Policies on reduction of contract bundling.--
(A) In general.--Not later than 1 year after
the date of enactment of this subsection, the
Federal Acquisition Regulatory Council
established under section 25(a) of the Office
of Federal Procurement Policy Act (41 U.S.C.
4219(a)) shall amend the Federal Acquisition
Regulation issued under section 25 of such Act
to--
(i) establish a Government-wide
policy regarding contract bundling,
including regarding the solicitation of
teaming and joint ventures under
paragraph (1); and
(ii) require that the policy
established under clause (i) be
published on the website of each
Federal agency.
(B) Rationale for contract bundling.--Not
later than 30 days after the date on which the
head of a Federal agency submits data
certifications to the Administrator for Federal
Procurement Policy, the head of the Federal
agency shall publish on the website of the
Federal agency a list and rationale for any
bundled contract for which the Federal agency
solicited bids or that was awarded by the
Federal agency.
(3) Reporting.--Not later than 90 days after the date
of enactment of this subsection, and every 3 years
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report regarding procurement
center representatives and commercial market
representatives, which shall--
(A) identify each area for which the
Administration has assigned a procurement
center representative or a commercial market
representative;
(B) explain why the Administration selected
the areas identified under subparagraph (A);
and
(C) describe the activities performed by
procurement center representatives and
commercial market representatives.
(r) Multiple Award Contracts.--Not later than 1 year after
the date of enactment of this subsection, the Administrator for
Federal Procurement Policy and the Administrator, in
consultation with the Administrator of General Services, shall,
by regulation, establish guidance under which Federal agencies
may, at their discretion--
(1) set aside part or parts of a multiple award
contract for small business concerns, including the
subcategories of small business concerns identified in
subsection (g)(2);
(2) notwithstanding the fair opportunity requirements
under section 2304c(b) of title 10, United States Code,
and section 303J(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253j(b)), set aside orders placed against multiple
award contracts for small business concerns, including
the subcategories of small business concerns identified
in subsection (g)(2); and
(3) reserve 1 or more contract awards for small
business concerns under full and open multiple award
procurements, including the subcategories of small
business concerns identified in subsection (g)(2).
(s) Data Quality Improvement Plan.--
(1) In general.--Not later than October 1, 2015, the
Administrator of the Small Business Administration, in
consultation with the Small Business Procurement
Advisory Council, the Administrator for Federal
Procurement Policy, and the Administrator of General
Services, shall develop a plan to improve the quality
of data reported on bundled or consolidated contracts
in the Federal procurement data system (described in
section 1122(a)(4)(A) of title 41, United States Code).
(2) Plan requirements.--The plan shall--
(A) describe the roles and responsibilities
of the Administrator of the Small Business
Administration, each Director of Small and
Disadvantaged Business Utilization, the
Administrator for Federal Procurement Policy,
the Administrator of General Services, senior
procurement executives, and Chief Acquisition
Officers in--
(i) improving the quality of data
reported on bundled or consolidated
contracts in the Federal procurement
data system; and
(ii) contributing to the annual
report required by subsection (p)(4);
(B) recommend changes to policies and
procedures, including training procedures of
relevant personnel, to properly identify and
mitigate the effects of bundled or consolidated
contracts;
(C) recommend requirements for periodic and
statistically valid data verification and
validation; and
(D) recommend clear data verification
responsibilities.
(3) Plan submission.--The Administrator of the Small
Business Administration shall submit the plan to the
Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate not later than December
1, 2016.
(4) Implementation.--Not later than October 1, 2016,
the Administrator of the Small Business Administration
shall implement the plan described in this subsection.
(5) Certification.--The Administrator shall annually
provide to the Committee on Small Business of the House
of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate a certification of
the accuracy and completeness of data reported on
bundled and consolidated contracts.
(6) Definitions.--In this subsection, the following
definitions apply:
(A) Chief acquisition officer; senior
procurement executive.--The terms ``Chief
Acquisition Officer'' and ``senior procurement
executive'' have the meanings given such terms
in section 44(a) of this Act.
(B) Bundled or consolidated contract.--The
term ``bundled or consolidated contract'' means
a bundled contract (as defined in section 3(o))
or a contract resulting from the consolidation
of contracting requirements (as defined in
section 44(a)(2)).
(t) GAO Report on Small Business Administration Programs in
Puerto Rico.--Not later than one year after the date of
enactment of this subsection, the Comptroller General of the
United States shall submit to the Committee on Small Business
of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate a report on the
application and utilization of contracting activities of the
Administration (including contracting activities relating to
HUBZone small business concerns) in Puerto Rico. The report
shall also identify any provisions of Federal law that may
create an obstacle to the efficient implementation of such
contracting activities.
(u) Post-Award Compliance Resources.--The Administrator shall
provide to small business development centers and entities
participating in the Procurement Technical Assistance
Cooperative Agreement Program under chapter 142 of title 10,
United States Code, and shall make available on the website of
the Administration, a list of resources for small business
concerns seeking education and assistance on compliance with
contracting regulations (including the Federal Acquisition
Regulation) after award of a contract or subcontract.
(v) Regulatory Changes and Training Materials.--Not less than
annually, the Administrator shall provide to the Defense
Acquisition University (established under section 1746 of title
10, United States Code), the Federal Acquisition Institute
(established under section 1201 of title 41, United States
Code), the individual responsible for mandatory training and
education of the acquisition workforce of each agency
(described under section 1703(f)(1)(C) of title 41, United
States Code), small business development centers, and entities
participating in the Procurement Technical Assistance
Cooperative Agreement Program under chapter 142 of title 10,
United States Code--
(1) a list of all changes made in the prior year to
regulations promulgated--
(A) by the Administrator that affect Federal
acquisition; and
(B) by the Federal Acquisition Council that
implement amendments to this Act; and
(2) any materials the Administrator has developed
that explain, train, or assist Federal agencies or
departments or small business concerns with compliance
with the regulations described in paragraph (1).
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