HR 8941 — Preserving Small Business Prime Contracting Opportunities Act of 2022

Summary

Preserving Small Business Prime Contracting Opportunities Act of 2022 This bill revises the procedures for federal agencies to select alternative procurement methods when the participation of small businesses as prime contractors is unlikely.

Bill Text

• Introduced Introduced in House Current html September 21, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to modify procedures and requirements related to increasing prime contracting opportunities for small business concerns.

• 15 U.S.C. 644(a)(4)(A)(iii)

  an unnecessary or unjustified → a

  The phrase is simplified to create a more general requirement rather than one that specifies 'unnecessary or unjustified' bundling.

• 15 U.S.C. 644(a)(4)(B)

  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— → Not later than 30 days before issuing a solicitation for a proposed procurement,

  The requirement for notification to the procurement center representative is made more concise and focused on timing before solicitation.

• 15 U.S.C. 644(a)(4)(B)(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; → why the proposed procurement cannot be divided into smaller quantities, lots, or tasks to permit offers on less than the total requirement;

  The language is updated for clarity and simplicity in defining how proposed procurements can be itemized.

• 15 U.S.C. 644(a)(4)(D)

  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. → If the procurement center representative and the contracting agency fail to agree on an alternative procurement method under subparagraph (C), the Administrator shall select an alternative procurement method from the recommendations presented by the procurement center representative under such subparagraph and notify the head of the appropriate Federal agency.

  This change shifts the responsibility to the Administrator for selecting the alternative method instead of leaving it to a determination by the head of the agency.

• 15 U.S.C. 644(a)(4)(D)(ii)

  Not later than 60 calendar days after receipt of a notification under clause (i), such head shall adopt the selected alternative procurement method unless such head, on a nondelegable basis, issues a determination to the Administrator that includes— → Not later than 60 calendar days after receipt of a notification under clause (i), such head shall adopt the selected alternative procurement method unless such head, on a nondelegable basis, issues a determination to the Administrator that includes—

  The struck text remains unchanged, indicating the timeframe for adopting the selected alternative method remains intact while emphasizing clarity.

• 15 U.S.C. 644(a)(4)(D)(ii)(I)

  a cost-benefit analysis of the proposed procurement; and → a cost-benefit analysis of the proposed procurement; and

  The requirement for including a cost-benefit analysis continues, ensuring procurement methods undergo rigorous evaluation.

• 15 U.S.C. 644(a)(4)(D)(ii)(II)

  an explanation of how the benefits of the proposed procurement outweigh the harm to small business concerns compared to the selected alternative procurement method. → an explanation of how the benefits of the proposed procurement outweigh the harm to small business concerns compared to the selected alternative procurement method.

  The requirement to provide an explanation for the selection process remains, reinforcing accountability in procurement decisions.

• 15 U.S.C. 644(a)(4)(D)(iii)

  The Administrator shall submit the matter to the head of the appropriate department or agency for a determination. → The Administrator shall submit any determinations issued under clause (ii) along with the report required under subsection (p)(4).

  Clarifies that determinations need to be documented and reported, enhancing oversight of procurement methods.

Action History

1. September 21, 2022

   Introduced in House

2. September 21, 2022

   Introduced in House

3. September 21, 2022

   Referred to the House Committee on Small Business.

Sponsors

• Kweisi Mfume · Primary
• Daniel Meuser · Cosponsor

Subjects