S 3282 — Protecting Business Opportunities for Veterans Act of 2020

Summary

Protecting Business Opportunities for Veterans Act of 2020 This bill applies certain small business subcontracting limitations to contracts that the Department of Veterans Affairs (VA) awards to a small business concern owned and controlled by a veteran or a veteran with a service-connected disability. The VA may award such a contract only after obtaining a certification from the offeror that it will comply with such subcontracting limitations if awarded the contract. Such certification shall specify the applicable performance requirements and explicitly acknowledge that the certification is subject to criminal penalties for making false statements in any matter within the jurisdiction of the U.S. government. The VA Director of Small and Disadvantaged Business Utilization and the VA Chief Acquisition Officer shall jointly monitor compliance and refer any violation or suspected violation to the VA Inspector General. If the VA determines that a contract recipient did not act in good faith, such recipient shall be subject to any or all of the following: (1) referral to the VA Debarment and Suspension Committee, (2) a criminal fine, and (3) criminal prosecution. The Inspector General shall report on (1) the number of referred violations and suspected violations; and (2) the disposition of such violations, including the number of small business concerns suspended or debarred from federal contracting or referred for Department of Justice prosecution.

Bill Text

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

The bill establishes limitations on subcontracting for contracts awarded to small business concerns owned and controlled by veterans, aligning them with existing requirements under the Small Business Act.

• 38 U.S.C. § 8127

  (k) Limitations on Subcontracting.--(1)(A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by veterans that is awarded a contract under this section.

  This adds new subcontracting limitations for veteran-owned small businesses that are consistent with those required for other small businesses.

• 38 U.S.C. § 8127

  (B) For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term `similarly situated entity' used in such section 46 includes a subcontractor for a small business concern owned and controlled by veterans described in such subparagraph (A).

  This expands the definition of 'similarly situated entity' to explicitly include subcontractors of veteran-owned small businesses.

• 38 U.S.C. § 8127

  (2)(A) The Secretary may award a contract under this section only after the Secretary obtains from the offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract.

  This requires offerors to certify compliance with subcontracting limitations prior to contract award.

• 38 U.S.C. § 8127

  (B) A certification described in subparagraph (A) shall-- (i) specify the exact performance requirements applicable under such paragraph; and (ii) explicitly acknowledge that the certification is subject to section 1001 of title 18.

  This mandates that the certification include specific performance requirements and acknowledge legal accountability.

• 38 U.S.C. § 8127

  (3)(A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), and any other relevant systems available, to monitor compliance with this subsection.

  This requires appropriate officials to develop a monitoring process to ensure compliance with the new subcontracting limitations.

• 38 U.S.C. § 8127

  (B) The Director of Small and Disadvantaged Business Utilization and the Chief Acquisition Officer shall jointly refer any violations or suspected violations of this subsection to the Inspector General of the Department.

  This establishes a referral process for violations of subcontracting requirements to the Inspector General.

• 38 U.S.C. § 8127

  (C) If the Secretary determines, in consultation with the Inspector General of the Department, that a small business concern that is awarded a contract under this section did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to any or all of the following consequences-- (i) referral to the Debarment and Suspension Committee of the Department; (ii) a fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) prosecution for violating section 1001 of title 18.

  This outlines penalties for veteran-owned small businesses that fail to comply with the new subcontracting requirements.

• 38 U.S.C. § 8127

  (D)(i) Not later than November 30 for each of fiscal years 2021 through 2025, the Inspector General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on violations and suspected violations described in subparagraph (B) for the fiscal year preceding the fiscal year during which the report is submitted.

  This mandates annual reporting on compliance and violations related to subcontracting requirements.

• 38 U.S.C. § 8127

  (ii) Each report submitted under clause (i) shall include, for the period covered by the report, the following: (I) The number of referred violations and suspected violations received under subparagraph (B). (II) The disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution.

  This ensures transparency by requiring detailed reporting on the outcomes of any compliance issues.

Action History

1. September 15, 2020

   Committee on Veterans' Affairs. Reported by Senator Moran without amendment. Without written report.

2. September 15, 2020

   Committee on Veterans' Affairs. Reported by Senator Moran without amendment. Without written report.

3. September 15, 2020

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 544.

4. August 05, 2020

   Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.

5. February 12, 2020

   Introduced in Senate

6. February 12, 2020

   Read twice and referred to the Committee on Veterans' Affairs.

Sponsors

• Bill Cassidy · Primary

Subjects