H.R. 3867 (110th): Small Business Contracting Program Improvements Act

Introduced:
Oct 17, 2007 (110th Congress, 2007–2009)
Sponsor:
Rep. Nydia Velázquez [D-NY12]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on October 30, 2007 but was never passed by the Senate.

Progress
Introduced Oct 17, 2007
Referred to Committee Oct 17, 2007
Reported by Committee Oct 18, 2007
Passed House Oct 30, 2007
Votes

On Motion to Recommit with Instructions: H R 3867 Small Business Contracting Program Improvements Act
Oct 30, 2007 2:02 p.m.
Failed 177/240

House Vote on Passage
Oct 30, 2007 2:08 p.m.
Passed 334/80

Cosponsors
3 cosponsors (2D, 1R) (show)
Committees

House Small Business

Senate Small Business and Entrepreneurship

The committee chair determines whether a bill will move past the committee stage.

Full Title

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

Summary

No summaries available.

Text

Read Bill Text »

Last updated Nov 01, 2007.
27 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/30/2007.
Title I - Ensuring Government Contract Opportunities for Small Business Concerns Owned and Controlled by Service-Disabled Veterans
Section 101 -
Amends the Small Business Act to: (1) permit agencies to enter into contracts with a small business owned and controlled by a service-disabled veteran without first ensuring that there is only one company can perform a contract; and (2) allow contracting officers to decide whether or not to set aside contracts where at least two underutilized business zone (HUBZone) qualified companies could compete for the contract.
Section 102 -
Provides for the assessment of civil penalties against any company that misrepresents itself as a small business owned and controlled by service-disabled veterans for purposes of federal contracting preferences.
Section 103 -
Directs the Administrator of the Small Business Administration (SBA) to comply with Executive Order No. 13360 and provide federal contracting information, training, and other assistance to small businesses owned and controlled by service-disabled veterans.
Section 104 -
Requires the Administrator, in implementing section 101 above, to give a priority to certified service-disabled veterans that are severely disabled.
Title II - Protecting Taxpayers and Ensuring Program Consistency
Section 201 -
Prohibits a small business from receiving SBA federal contracting assistance unless the Administrator has verified, through a background check, that the business owners and officers do not lack business integrity. Provides a presumption of lack of business integrity with respect to previous criminal convictions.
Section 202 -
Includes participants in the section 8(a) general business loan program within the establishment of government-wide goals for small business participation in federal procurement contracts and subcontracts.
Section 204 -
Provides an inflation-based increase to SBA limits on contracts (other than manufacturing contracts) awarded to small businesses without full and open competition.
Section 205 -
Includes any small business as an "interested party" permitted to challenge the eligibility of a small business to receive SBA loan or federal contracting assistance.
Section 206 -
Subjects to debarment from the receipt of future federal contract assistance authorized by this Act any employer found to have engaged in a pattern of hiring or recruiting for employment unauthorized aliens.
Title III - Expanding Opportunities for Women Entrepreneurs
Section 301 -
Revises SBA provisions which authorize a federal contracting officer to restrict contract competition for procurement or service contracts to small businesses owned and controlled by women to:
(1) remove limits on the anticipated award price of such contracts;
(2) require the Administrator, every five years (currently, only once), to conduct a study to identify industries in which small businesses owned and controlled by women are underrepresented in federal contracting;
(3) deem specified industries, until the first of such studies is completed, as underrepresented for such purposes; and
(4) include any small business as an "interested party" permitted to challenge whether a small business is owned and controlled by women for purposes of such assistance.
Title IV - Strengthening Community Development
Section 401 -
Requires: (1) an on-site SBA inspection of HUBZone-approved companies before the award of a second contract based on a HUBZone contracting preference; and (2) the SBA to develop procedures to ensure that HUBZone companies notify the SBA prior to their award of a HUBZone contract subject to an inspection.
Section 402 -
Prohibits a small business from obtaining a construction contract under the HUBZone program unless the construction project is located in or near the HUBZone in which the small business has its principal place of business.
Section 403 -
Directs the Administrator to: (1) study the effectiveness of the HUBZone program in reaching rural areas; and (2) report study results to Congress.
Title V - Modernizing the 8(a) Program
Section 501 -
Revises net worth limitations for participation in the SBA's 8(a) loan program as an economically disadvantaged small business to make eligible an owner with a net worth of $550,000 or less (excluding equity in the business or the owner's principal residence). States that once a company has been approved into the program, such approval will last throughout the program term.
Section 502 -
Extends to ten years, with a six-year developmental phase and a four-year transitional phase, the 8(a) program term.
Section 503 -
Requires an annual report from the Administrator to the congressional small business committees on progress toward implementing a requirement to make 8(a) program participants eligible for other federally funded programs for small disadvantaged businesses without having to reapply for such programs.
Section 504 -
Directs the Administrator to: (1) study changes required to provide greater federal contracting assistance to 8(a) program participants that have less equity in their business than other program participants; and (2) report study results to the small business committees.
Section 505 -
Requires the Administrator to: (1) examine the list of groups the members of which are presumed to be socially disadvantaged for purposes of the 8(a) program; (2) consider whether the list should be updated to include additional groups; and (3) report results to Congress.
Title VI - Other Matters
Section 601 -
Requires the Administrator, in determining whether a franchisee is affiliated with a franchiser in the temporary employee services industry, to disregard: (1) whether the franchiser finances the payroll of the temporary staff; or (2) the tax status of such personnel.
Section 602 -
Expresses the sense of the House of Representatives that small business set-asides should not be excluded from any acquisitions under the General Services Administration (GSA) Federal Supply Schedule.
Section 603 -
Directs the Administrator to: (1) conduct a study to determine, with respect to small business contracts, whether incumbent federal contractors submit frivolous protests in order to extend the length of current contracts while such protests are resolved; and (2) report study results to Congress.
Section 604 -
Requires the Administrator to establish an SBA liaison position.
Section 605 -
Prohibits the Administrator or any SBA employee, in carrying out requirements of this Act, from purchasing business-class or first-class airline travel in contravention of Code of Federal Regulations travel requirements for federal employees.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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