Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	3,423	n/a	n/a
Reported in House	3,530	12	6%
Engrossed in House	4,540	46	48%
Referred in Senate	4,522	5 Show Changes Hide Changes	1%

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HR 3867 EHRFSCommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 3867 AN ACT

To update and expand the procurement programs of the Small Business Administration, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Small Business Contracting Program Improvements Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--ENSURING GOVERNMENT CONTRACT OPPORTUNITIES FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS

Sec. 101. Expanding procurement opportunities.CommentsClose CommentsPermalink





Sec. 102. Penalties for misrepresentation.CommentsClose CommentsPermalink





Sec. 103. Implementation of Executive Order No. 13360.CommentsClose CommentsPermalink





Sec. 104. Priority for severely disabled veterans.CommentsClose CommentsPermalink

TITLE II--PROTECTING TAXPAYERS AND ENSURING PROGRAM CONSISTENCY

Sec. 201. Requiring business integrity of small business concerns.CommentsClose CommentsPermalink





Sec. 202. Establishment of goals.CommentsClose CommentsPermalink





Sec. 203. Small business concern subcontracting policy.CommentsClose CommentsPermalink





Sec. 204. Increased size of available contracts.CommentsClose CommentsPermalink





Sec. 205. Expanding protest authorization.CommentsClose CommentsPermalink





Sec. 206. Prohibition on contract awards to contractors in violation of immigration laws.CommentsClose CommentsPermalink

TITLE III--EXPANDING OPPORTUNITIES FOR WOMEN ENTREPRENEURS

Sec. 301. Implement the women's procurement program.CommentsClose CommentsPermalink

TITLE IV--STRENGTHENING COMMUNITY DEVELOPMENT

Sec. 401. On-site verification.CommentsClose CommentsPermalink





Sec. 402. Limitation on construction contracts.CommentsClose CommentsPermalink





Sec. 403. Study on effectiveness of HUBZone program in reaching rural areas.CommentsClose CommentsPermalink

TITLE V--MODERNIZING THE 8(a) PROGRAM

Sec. 501. Modernizing the section 8(a) program net worth limitations.CommentsClose CommentsPermalink





Sec. 502. Extension of the section 8(a) program term.CommentsClose CommentsPermalink





Sec. 503. Report on implementation.CommentsClose CommentsPermalink





Sec. 504. Assistance study.CommentsClose CommentsPermalink





Sec. 505. Examination of list of groups the members of which are presumed to be socially disadvantaged for purposes of small disadvantaged business program.CommentsClose CommentsPermalink

TITLE VI--OTHER MATTERS

Sec. 601. Affiliation for certain franchises.CommentsClose CommentsPermalink





Sec. 602. Sense of the House of Representatives on acquisitions conducted under the General Services Administration's Federal Supply Schedule.CommentsClose CommentsPermalink





Sec. 603. Study on frivolous protests.CommentsClose CommentsPermalink





Sec. 604. Small Business Administration Liaison.CommentsClose CommentsPermalink





Sec. 605. Prohibition on business-class or first-class airline travel.CommentsClose CommentsPermalink

TITLE I--ENSURING GOVERNMENT CONTRACT OPPORTUNITIES FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS

SEC. 101. EXPANDING PROCUREMENT OPPORTUNITIES.

(a) Service-Disabled Veterans- Section 36(a) of the Small Business Act (15 U.S.C. 657f(a)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking `may' and inserting `shall'; andCommentsClose CommentsPermalink





(2) in paragraph (1), by striking `and the contracting officer' and all that follows through `contracting opportunity'.CommentsClose CommentsPermalink





(b) HUBZone- Section 31(b)(2)(B) of such Act (15 U.S.C. 657a(b)(2)(B)) is amended by striking `shall' and inserting `may'.CommentsClose CommentsPermalink

SEC. 102. PENALTIES FOR MISREPRESENTATION.

Section 16(d)(1) of the Small Business Act (15 U.S.C. 645(d)(1)) is amended by inserting `a `small business concern owned and controlled by service-disabled veterans',' before `or a `small business concern owned and controlled by women'.CommentsClose CommentsPermalink

SEC. 103. IMPLEMENTATION OF EXECUTIVE ORDER NO. 13360.

Section 36 of the Small Business Act (15 U.S.C. 657f) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(f) Implementation of Executive Order No. 13360- The Administrator shall--CommentsClose CommentsPermalink





`(1) provide small business concerns owned and controlled by service-disabled veterans with information and assistance concerning participation in Federal contracting;CommentsClose CommentsPermalink





`(2) advise and assist other agencies in their strategies to expand procurement opportunities for such concerns; andCommentsClose CommentsPermalink





`(3) make training assistance on Federal contract law, procedures, and practices available to such concerns.'.CommentsClose CommentsPermalink

SEC. 104. PRIORITY FOR SEVERELY DISABLED VETERANS.

In developing regulations to implement section 101, the Administrator shall give a priority to those certified service-disabled veterans that are severely disabled.CommentsClose CommentsPermalink

TITLE II--PROTECTING TAXPAYERS AND ENSURING PROGRAM CONSISTENCY

SEC. 201. REQUIRING BUSINESS INTEGRITY OF SMALL BUSINESS CONCERNS.

Section 8 of the Small Business Act (15 U.S.C. 637) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(o) Requirement of Business Integrity- No small business concern may receive any benefit under section 8(a), 8(m), 31(b)(2)(A), 31(b)(2)(B), 36(a), or 36(b) unless the Administrator first performs a background check on the owners and officers of such small business concern and determines that the owners and officers do not lack business integrity. For purposes of such a determination, previous criminal convictions will create a presumption of a lack of business integrity.'.CommentsClose CommentsPermalink

SEC. 202. ESTABLISHMENT OF GOALS.

(a) Establishment of Government-Wide Goals- Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking the first sentence and inserting `The President shall annually establish Government-wide 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, small business concerns participating in the program established by section 8(a), and small business concerns owned and controlled by women.'.CommentsClose CommentsPermalink





(b) Technical Corrections- Section 15 of the Small Business Act (15 U.S.C. 644) is amended--CommentsClose CommentsPermalink





(1) in subsection (g) by adding at the end the following:CommentsClose CommentsPermalink





`(3) Each agency shall, in consultation with the Administrator, establish goals for the usage, as prime contractors, of small business concerns that participate in the program under section 8(a).'; andCommentsClose CommentsPermalink





(2) in subsection (h) by adding at the end the following:CommentsClose CommentsPermalink





`(4) Each prime contractor shall, in consultation with the Administrator, establish goals for the usage, as subcontractors, of small business concerns that participate in the program under section 8(a).'.CommentsClose CommentsPermalink

SEC. 203. SMALL BUSINESS CONCERN SUBCONTRACTING POLICY.

Section 8(d)(1) of the Small Business Act (15 U.S.C. 637(d)(1)) is amended by striking the first sentence and inserting `It is the policy of the Unites States that small business concerns, small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, qualifying HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns participating in the program established by section 8(a), and small business concerns owned and controlled by women, shall have the maximum practicable opportunity to participate in the performance contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems.'.CommentsClose CommentsPermalink

SEC. 204. INCREASED SIZE OF AVAILABLE CONTRACTS.

(a) Section 8(a) Program- Section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--CommentsClose CommentsPermalink





(1) by striking `$5,000,000' and inserting `$5,500,000'; andCommentsClose CommentsPermalink





(2) by striking `$3,000,000' and inserting `$5,100,000'.CommentsClose CommentsPermalink





(b) HUBZone Program- Section 31(b)(2)(A)(ii) of such Act (15 U.S.C. 657a(b)(2)(A)(ii)) is amended--CommentsClose CommentsPermalink





(1) by striking `$5,000,000' and inserting `$5,500,000'; andCommentsClose CommentsPermalink





(2) by striking `$3,000,000' and inserting `$5,100,000'.CommentsClose CommentsPermalink





(c) Service-Disabled Veteran Program- Section 36(a)(2) of such Act (15 U.S.C. 657f(a)(2)) is amended--CommentsClose CommentsPermalink





(1) by striking `$5,000,000' and inserting `$5,500,000'; andCommentsClose CommentsPermalink





(2) by striking `$3,000,000' and inserting `$5,100,000'.CommentsClose CommentsPermalink

SEC. 205. EXPANDING PROTEST AUTHORIZATION.

Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(22) Rules similar to the rules of paragraphs (5) and (6) of subsection (m) shall apply for purposes of this subsection.CommentsClose CommentsPermalink





`(23) For the purposes of challenging the eligibility of a small business concern to receive an award under section 8(a), 8(m), 31(b)(2)(A), 31(b)(2)(B), 36(a), or 36(b), the term `interested party' shall include any small business concern.'.CommentsClose CommentsPermalink

SEC. 206. PROHIBITION ON CONTRACT AWARDS TO CONTRACTORS IN VIOLATION OF IMMIGRATION LAWS.

Any employer found, based on a determination by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States an alien knowing the person is an unauthorized alien shall be subject to debarment from the receipt of future Federal contracts under this Act.CommentsClose CommentsPermalink

TITLE III--EXPANDING OPPORTUNITIES FOR WOMEN ENTREPRENEURS

SEC. 301. IMPLEMENT THE WOMEN'S PROCUREMENT PROGRAM.

Subsection (m) of section 8 of the Small Business Act (15 U.S.C. 637(m)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (1) through (4) and inserting the following:CommentsClose CommentsPermalink





`(1) DEFINITION- In this subsection, the term `small business concern owned and controlled by women' has the meaning given such term in section 3(n), except that ownership shall be determined without regard to any community property law.CommentsClose CommentsPermalink





`(2) AUTHORITY TO RESTRICT COMPETITION-CommentsClose CommentsPermalink





`(A) IN GENERAL- In accordance with this subsection, a contracting officer may restrict competition for any contract for the procurement of goods or services by the Federal Government to small business concerns owned and controlled by women, if--CommentsClose CommentsPermalink





`(i) each of the concerns is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law);CommentsClose CommentsPermalink





`(ii) the contracting officer has a reasonable expectation that 2 or more small business concerns owned and controlled by women will submit offers for the contract;CommentsClose CommentsPermalink





`(iii) the contract is for the procurement of goods or services with respect to an industry identified pursuant to paragraph (4);CommentsClose CommentsPermalink





`(iv) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price; andCommentsClose CommentsPermalink





`(v) each concern is certified in a manner described in subparagraph (B).CommentsClose CommentsPermalink





`(B) ACCEPTANCE OF CERTIFICATION- For purposes of subparagraph (A)(v), a contracting officer is required to accept a small business concern's certification as a small business concern owned and controlled by women when such certification is made by--CommentsClose CommentsPermalink





`(i) a Federal agency or a State or local government;CommentsClose CommentsPermalink





`(ii) a national certifying entity approved by the Administrator; orCommentsClose CommentsPermalink





`(iii) the small business concern, when such concern certifies to the contracting officer that it is a small business concern owned and controlled by women and provides adequate documentation in accordance with standards established by the Administrator to support such certification.CommentsClose CommentsPermalink





`(3) WAIVER- With respect to a small business concern owned and controlled by women, the Administrator may waive paragraph (2)(A)(i) if--CommentsClose CommentsPermalink





`(A) such concern is in an industry identified pursuant to paragraph (4); andCommentsClose CommentsPermalink





`(B) the Administrator determines that such concern is in an industry in which small business concerns owned and controlled by women are substantially under-represented in Federal contracting.CommentsClose CommentsPermalink





`(4) IDENTIFICATION OF INDUSTRIES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not less often than every five years, the Administrator shall conduct a study to identify, for purposes of paragraphs (2)(A)(iii) and (3)(A), industries in which small business concerns owned and controlled by women are under-represented in Federal contracting. The parameters for the study shall be as follows:CommentsClose CommentsPermalink





`(i) For purposes of this paragraph, the Administrator shall identify an industry if, and only if, the share of Federal contracts awarded to small business concerns owned and controlled by women in such industry is small relative to the prevalence of business concerns owned and controlled by women in the pool of business concerns in such industry that have at least one employee.CommentsClose CommentsPermalink





`(ii) The study shall measure utilization and availability by--CommentsClose CommentsPermalink





`(I) using the two best available data sources;CommentsClose CommentsPermalink





`(II) including only business concerns that have at least one employee; andCommentsClose CommentsPermalink





`(III) measuring only Federal contracts awarded for amounts over $25,000.CommentsClose CommentsPermalink





`(iii) The study shall include four sets of disparity measurement tables to compute disparity ratios. The four sets are--CommentsClose CommentsPermalink





`(I) all business concerns in the United States relative to the number of Federal contracts awarded to small business concerns owned and controlled by women;CommentsClose CommentsPermalink





`(II) small business concerns owned and controlled by women that have demonstrated an interest in or that have secured Federal contracts relative to the number of Federal contracts awarded to small business concerns owned and controlled by women;CommentsClose CommentsPermalink





`(III) all business concerns in the United States relative to the dollar amounts of Federal contracts awarded to small business concerns owned and controlled by women; andCommentsClose CommentsPermalink





`(IV) small business concerns owned and controlled by women that have demonstrated an interest in or that have secured government contracts relative to the dollar amounts of Federal contracts awarded.CommentsClose CommentsPermalink





`(B) UNDERREPRESENTED INDUSTRIES- Until such time as the Administrator completes the identification of industries required by subparagraph (A), the following industries, as identified by their 2-Digit North American Industry Classification System Code, are deemed underrepresented by women in Federal contracting: 11 (Forestry), 21 (Mining), 22 (Utilities), 23 (Construction), 31 (Manufacturing), 32 (Manufacturing), 33 (Manufacturing), 42 (Wholesale Trade), 44 (Retail Trade), 45 (Retail Trade), 48 (Transportation), 49 (Transportation), 51 (Information), 52 (Finance and Insurance), 53 (Real Estate and Rental and Leasing), 54 (Professional, Scientific, and Technical Services), 56 (Administrative and Support, Waste Management, and Remediation Services), 61 (Education Services), 62 (Health Care and Social Assistance), 71 (Arts, Entertainment, and Recreation), 72 (Accommodation and Food Services), and 81 (Other Services).CommentsClose CommentsPermalink





`(C) DEADLINE- Not later than 90 days after the date of the enactment of this subparagraph, the Administrator shall--CommentsClose CommentsPermalink





`(i) ensure the completion of the first study required by subparagraph (A);CommentsClose CommentsPermalink





`(ii) approve national certifying entities for the purposes of paragraph (2)(B)(ii);CommentsClose CommentsPermalink





`(iii) establish procedures required by paragraph (5)(A); andCommentsClose CommentsPermalink





`(iv) establish standards described in paragraph (2)(B)(iii).';CommentsClose CommentsPermalink





(2) in paragraph (5), by striking `(2)(F)' in each place it appears and inserting `(2)(B)'; andCommentsClose CommentsPermalink





(3) in paragraph (5), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(D) PROTESTS BY SMALL BUSINESS CONCERNS- For purposes of this paragraph, the term `interested party' shall include any small business concern.'.CommentsClose CommentsPermalink

TITLE IV--STRENGTHENING COMMUNITY DEVELOPMENT

SEC. 401. ON-SITE VERIFICATION.

Section 31(b) of the Small Business Act (15 U.S.C. 657a(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(5) ON-SITE VERIFICATION OF STATUS-CommentsClose CommentsPermalink





`(A) VERIFICATION- When a small business concern that has previously been awarded a contract under paragraph (2)(A) or (2)(B) is to be awarded a second contract under paragraph (2)(A) or (2)(B), the Administrator shall perform an on-site inspection to determine whether such small business concern is a qualified HUBZone small business concern. This paragraph does not require such an inspection before the award of a third or subsequent contract. This paragraph does not prevent a second contract from being awarded before such inspection is completed.CommentsClose CommentsPermalink





`(B) NOTIFICATION BY SMALL BUSINESS CONCERN- The Administrator shall require a small business concern to notify the Administrator, prior to being awarded a second contract under paragraph (2)(A) or (2)(B), of such business concern's attempt to be awarded a second contract under paragraph (2)(A) or (2)(B). Not later than 90 days after the date of the enactment of this subparagraph, the Administrator shall establish procedures to implement this subparagraph.'.CommentsClose CommentsPermalink

SEC. 402. LIMITATION ON CONSTRUCTION CONTRACTS.

Section 31(b) of the Small Business Act (15 U.S.C. 657a(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(6) LIMIT HUBZONE PROGRAM CONSTRUCTION CONTRACTS IN OR NEAR A HUBZONE- A small business concern may not obtain a construction contract by reason of the HUBZone program unless the construction project is located in or near the HUBZone in which the small business concern has its principal place of business. The Administrator shall prescribe standards for determining when a project is located `near' a HUBZone for purposes of this paragraph, except that under no circumstances can a project located more than 150 miles from a HUBZone be located `near' that HUBZone.'.CommentsClose CommentsPermalink

SEC. 403. STUDY ON EFFECTIVENESS OF HUBZONE PROGRAM IN REACHING RURAL AREAS.

The Administrator of the Small Business Administration shall carry out a study on the effectiveness of the HUBZone program in reaching rural areas to determine whether there are needy areas that do not qualify under the program and whether there are areas that currently qualify under the program that are inconsistent with the program's original intent. Not later than 6 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report containing the results of the study and any recommendations that the Administrator considers appropriate for alternative ways to evaluate eligibility for HUBZones in rural areas.CommentsClose CommentsPermalink

TITLE V--MODERNIZING THE 8(a) PROGRAM

SEC. 501. MODERNIZING THE SECTION 8(a) PROGRAM NET WORTH LIMITATIONS.

(a) Modifications to 8(a) Program- Notwithstanding any provision of the Small Business Act (15 U.S.C. 631 et seq.), the Administrator shall administer the program under section 8(a) of such Act with the following modifications:CommentsClose CommentsPermalink





(1) DETERMINATION FOR TERM OF PROGRAM- For the purpose of this section, an individual who has been determined by the Administrator to be economically disadvantaged at the time of program entry shall be deemed to be economically disadvantaged for the term of the program.CommentsClose CommentsPermalink





(2) MATTERS EXCLUDED- In determining personal net worth, the Administrator shall exclude from such determination the following:CommentsClose CommentsPermalink





(A) The value of any investment of an economically disadvantaged owner in the small business concern, except that such value shall be taken into account under this paragraph when comparing such concerns to other concerns in the same business area that are owned by other than socially disadvantaged individuals.CommentsClose CommentsPermalink





(B) The equity of an economically disadvantaged owner in a primary personal residence.CommentsClose CommentsPermalink





(3) MAXIMUM NET WORTH- When considering an individual's net worth for the purpose of determining the degree of diminished credit and capital opportunities of such individual, the Administrator shall consider an individual net worth of $550,000 or less as tending to show diminished credit and capital opportunities.CommentsClose CommentsPermalink





(b) Effective Date for Modifications to the 8(a) Program- This section shall apply with respect to small business concerns that apply to the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 502. EXTENSION OF THE SECTION 8(a) PROGRAM TERM.

(a) Program Term- The program term for the program under section 8(a) of the Small Business Act shall be 10 years. The first 6 years shall be the developmental phase, and the last 4 years shall be the transitional phase.CommentsClose CommentsPermalink





(b) Effective Date for Modifications to the 8(a) Program-CommentsClose CommentsPermalink





(1) IN GENERAL- This section shall apply with respect to small business concerns that apply to the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) TRANSITIONAL RULE- A small business concern participating in the program under section 8(a) of such Act (15 U.S.C. 637(a)) may participate for not more than 10 years.CommentsClose CommentsPermalink

SEC. 503. REPORT ON IMPLEMENTATION.

Section 155 of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (15 U.S.C. 657g) is amended by adding at the end the following: `Annually, concurrent with the submission of the Small Business Administration's budget request to the Congress, 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 detailing progress the Administrator has made towards the implementation of this section.'.CommentsClose CommentsPermalink

SEC. 504. ASSISTANCE STUDY.

(a) Study- The Administrator of the Small Business Administration shall conduct a study to determine what changes would be required to provide greater Federal contracting assistance to participants in the program created by section 8(a) of the Small Business Act that have less equity in their business concerns than other participants in the program.CommentsClose CommentsPermalink





(b) Report- Not later than 6 months after the date of the enactment of this Act, 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 detailing the results of the study described in subsection (a).CommentsClose CommentsPermalink

SEC. 505. EXAMINATION OF LIST OF GROUPS THE MEMBERS OF WHICH ARE PRESUMED TO BE SOCIALLY DISADVANTAGED FOR PURPOSES OF SMALL DISADVANTAGED BUSINESS PROGRAM.

The Administrator of the Small Business Administration shall examine the list of groups the members of which are presumed to be socially disadvantaged for purposes of the Small Disadvantaged Business program under section 8(a) of the Small Business Act and shall consider whether the list should be updated to include additional groups. Not later than 6 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the results of the examination.CommentsClose CommentsPermalink

TITLE VI--OTHER MATTERS

SEC. 601. AFFILIATION FOR CERTAIN FRANCHISES.

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(5) SPECIAL RULE RELATING TO FRANCHISES IN THE TEMPORARY EMPLOYEE SERVICES INDUSTRY- In determining whether a franchisee is affiliated with a franchisor in the temporary employee services industry, the Administrator shall--CommentsClose CommentsPermalink





`(A) disregard--CommentsClose CommentsPermalink





`(i) whether the franchisor finances the payroll of the temporary staffing personnel (including billing, collecting, and remitting client fees); andCommentsClose CommentsPermalink





`(ii) whether the temporary staffing personnel are treated as employees or independent contractors of the franchisor for tax or other purposes; andCommentsClose CommentsPermalink





`(B) consider the processing of payroll and billing by a franchisor as customary and common practice in the temporary employee services industry that does not provide probative weight.'.CommentsClose CommentsPermalink

SEC. 602. SENSE OF THE HOUSE OF REPRESENTATIVES ON ACQUISITIONS CONDUCTED UNDER THE GENERAL SERVICES ADMINISTRATION'S FEDERAL SUPPLY SCHEDULE.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The Small Business Act was adopted by Congress to ensure that small business concerns receive fair access to, and a fair share of, Federal government contracts and subcontracts.CommentsClose CommentsPermalink





(2) There is a disagreement between the General Services Administration and the Small Business Administration on whether the Small Business Act applies to the acquisitions under the General Services Administration's Federal Supply Schedule, which account for over $30,000,000,000 in procurement dollars awarded each year.CommentsClose CommentsPermalink





(3) As demonstrated in proceedings of the White House Acquisition Advisory Panel, small businesses hold 79.6 percent of contracts under the Federal Supply Schedule, but receive only 37.1 percent of dollars awarded under the Federal Supply Schedule, and this disparity has a significant impact on the competitive viability of small business concerns in government contracting.CommentsClose CommentsPermalink





(b) Sense of the House- Therefore, it is the sense of the House of Representatives that small business set-asides should not be excluded from any acquisitions under the General Services Administration's Federal Supply Schedule.CommentsClose CommentsPermalink

SEC. 603. STUDY ON FRIVOLOUS PROTESTS.

(a) Study- The Administrator of the Small Business Administration shall conduct a study to determine, with respect to small business contracts, whether incumbent Federal contractors submit frivolous protests to extend the length of current contracts before protest decisions are resolved.CommentsClose CommentsPermalink





(b) Contents- In conducting the study, the Administrator shall--CommentsClose CommentsPermalink





(1) determine the number of Government Accountability Office bid protests and Small Business Administration size protests filed by incumbent Federal contractors with respect to small business contracts, the number of incumbent contracts extended because of the protest, the extra costs of extending incumbent contracts during the protest, and the final rulings of these protests;CommentsClose CommentsPermalink





(2) determine the financial impact of protests filed by incumbent Federal contractors on small businesses that were originally awarded the protested small business contracts, including costs associated with defending the protests and costs incurred by Federal agencies;CommentsClose CommentsPermalink





(3) identify the incumbent Federal contractors that file the most unsuccessful protests on small business contracts; andCommentsClose CommentsPermalink





(4) develop recommendations--CommentsClose CommentsPermalink





(A) to ease any financial burden on small businesses during the protest of small business contracts; andCommentsClose CommentsPermalink





(B) to discourage frivolous protests by incumbent Federal contractors on small business contracts.CommentsClose CommentsPermalink





(c) Consultation- In conducting the study, the Administrator shall consult with the Government Accountability Office, any necessary Federal agencies, and the Office of Federal Procurement Policy.CommentsClose CommentsPermalink





(d) Report- Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, together with the recommendations developed under subsection (b)(4).CommentsClose CommentsPermalink

SEC. 604. SMALL BUSINESS ADMINISTRATION LIAISON.

(a) Establishment- The Administrator of the Small Business Administration shall create a liaison position whose duty it is to ensure that section 2(i) of the Small Business Act is carried out.CommentsClose CommentsPermalink





(b) Functions- In carrying out the duty described in subsection (a), the liaison shall consult with the Assistant Secretary of the Department of Homeland Security for United States Immigration and Customs Enforcement.CommentsClose CommentsPermalink

SEC. 605. PROHIBITION ON BUSINESS-CLASS OR FIRST-CLASS AIRLINE TRAVEL.

In carrying out the provisions of the Small Business Contracting Program Improvements Act, the Small Business Administrator or any employee may not purchase business-class or first-class airline travel in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.CommentsClose CommentsPermalink

Passed the House of Representatives October 30, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

110th CONGRESS1st SessionH. R. 3867AN ACTTo update and expand the procurement programs of the Small Business Administration, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink