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H.R.2299 - Minority Small Business Enhancement Act of 2009
To amend the Small Business Act to enhance services to small business concerns that are disadvantaged, and for other purposes.
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Mr. RUSH (for himself, Ms. CORRINE BROWN of Florida, Mr. COHEN, Mr. ISRAEL, Mr. CLAY, Mr. ORTIZ, Ms. FUDGE, Mr. MOORE of Kansas, Mr. BARROW, Mr. CROWLEY, Mr. ROSS, Ms. LEE of California, Mr. CLYBURN, Mr. JOHNSON of Georgia, Ms. JACKSON-LEE of Texas, Mr. TOWNS, Ms. CLARKE, Mr. CUMMINGS, Mr. CLEAVER, Mr. WEINER, Mr. MCDERMOTT, Ms. EDWARDS of Maryland, Mrs. TAUSCHER, Mr. PERLMUTTER, Ms. KAPTUR, and Mr. LANGEVIN) introduced the following bill; which was referred to the Committee on Small BusinessCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. ENHANCEMENT OF SERVICES TO SMALL BUSINESSES THAT ARE DISADVANTAGED.
(a) Net Worth- Section 8(a)(6)(A) of the Small Business Act (
‘(B) No time limitation relating to the period that a small business concern may receive developmental assistance under the Program and contracts under section 8(a) shall apply to a small business concern that has not completed a contract under section 8(a).’.CommentsClose CommentsPermalink
SEC. 3. SURETY BOND GUARANTEES.
Section 508(f) of division A of the American Recovery and Reinvestment Act of 2009 (
SEC. 4. BUNDLED CONTRACTS.
‘(A) IN GENERAL- The term ‘bundled contract’ means a contract or order that is entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made.CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘bundling of contract requirements’ means the use of any bundling methodology to satisfy 2 or more procurement requirements for goods or services previously supplied or performed under separate smaller contracts or orders, or to satisfy 2 or more procurement requirements for construction services of a type historically performed under separate smaller contracts or orders, that is likely to be unsuitable for award to a small business concern due to--CommentsClose CommentsPermalink
‘(B) INCLUSION OF NEW FEATURES OR FUNCTIONS- A combination of contract requirements that would meet the definition of a bundling of contract requirements but for the addition of a procurement requirement with at least one new good or service shall be considered to be a bundling of contract requirements unless the new features or functions substantially transform the goods or services and will provide measurably substantial benefits to the government in terms of quality, performance, or price.CommentsClose CommentsPermalink
‘(4) SEPARATE SMALLER CONTRACT- The term ‘separate smaller contract’, with respect to bundling of contract requirements, means a contract or order that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns.CommentsClose CommentsPermalink
‘(6) EXEMPTED REQUIREMENTS- The term ‘exempted requirement’ means a procurement requirement solely for items that are not commercial items (as the term ‘commercial item’ is defined in section 4(12) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)).CommentsClose CommentsPermalink
‘(7) PROCUREMENT REQUIREMENT- The term ‘procurement requirement’ means a determination by an agency that a specified good or service is needed to satisfy the mission of the agency.’.CommentsClose CommentsPermalink
(1) by striking ‘necessary and justified.’ and inserting ‘necessary and justified, as well as identifying information on the incumbent contract holders, a description of the industries which might be interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is combined or packaged.’; andCommentsClose CommentsPermalink
(2) by striking the sentence beginning ‘Whenever the Administration and the contracting procurement agency fail to agree,’ and inserting the following: ‘Whenever the Administration and the contracting procurement agency fail to agree, the Administrator may review the proposed procurement, may delay the solicitation process for not more than 10 days to make recommendations, and the matter shall be submitted to the Director of the Office of Management and Budget to mediate the disagreement.’.CommentsClose CommentsPermalink
SEC. 5. FEDERAL CONTRACTING GOALS.
(b) Limitation on Number of Categories for Which a Business May Qualify- Section 15(g) of the Small Business Act (
‘(3) For purposes of this subsection and subsection (h), with respect to each procurement contract a small business concern may not qualify as more than 2 specified categories, regardless of whether such small business concern satisfies the definition of more than 2 specified categories. The specified categories are 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.’.CommentsClose CommentsPermalink
(c) Government Accountability Office Study- Not later than October 1, 2010, the Comptroller General of the United States shall conduct and submit to Congress a report describing the results of a study on disparities in the awarding of Federal contracts to procure goods or services with respect to small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns, and other business concerns.CommentsClose CommentsPermalink