H.R. 3980 (112th): Small Business Opportunity Act of 2012

112th Congress, 2011–2013. Text as of Feb 08, 2012 (Reported by House Committee).

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Union Calendar No. 525

112th CONGRESS

2d Session

H. R. 3980

[Report No. 112–722]

IN THE HOUSE OF REPRESENTATIVES

February 8, 2012

(for herself and Mr. Schrader) introduced the following bill; which was referred to the Committee on Small Business

December 21, 2012

Additional sponsors: Mr. Graves of Missouri, Mr. Mulvaney, Mr. Chabot, Mr. Walsh of Illinois, Mr. West, Mr. Hanna, Mr. Schilling, Mr. Tipton, Mrs. Ellmers, and Mr. McKeon

December 21, 2012

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on February 8, 2012


A BILL

To amend the Small Business Act with respect to procurement center representatives and acquisition planning, and for other purposes.


1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Small Business Opportunity Act of 2012.

(b)

Table of contents

Sec. 1. Short title; table of contents.

Title I—Procurement center representatives

Sec. 101. Procurement center representatives.

Sec. 102. Small Business Act contracting requirements training.

Title II—Acquisition planning

Sec. 201. Acquisition planning.

I

Procurement center representatives

101.

Procurement center representatives

(a)

In general

Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is amended by striking the subsection enumerator and inserting the following:

(l)

Procurement center representatives

.

(b)

Assignment and role

Paragraph (1) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended to read as follows:

(1)

Assignment and role

The Administrator shall assign to each major procurement center a procurement center representative with such assistance as may be appropriate.

.

(c)

Activities

Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) is amended—

(1)

in the matter preceding subparagraph (A) by striking (2) In addition to carrying out the responsibilities assigned by the Administration, a breakout and inserting the following:

(2)

Activities

A

;

(2)

by striking subparagraph (A) and inserting the following:

(A)

attend any provisioning conference or similar evaluation session during which a determination may be made with respect to the procurement method to be used to satisfy a requirement, review any acquisition plan with respect to a requirement, and make recommendations regarding procurement method determinations and acquisition plans;

;

(3)

in subparagraph (B)—

(A)

by striking (B) review, at any time, restrictions on competition and inserting the following:

(B)

review, at any time, barriers to small business participation in Federal contracting

;

(B)

by striking items and inserting goods and services; and

(C)

by striking limitations and inserting barriers;

(4)

in subparagraph (C) by striking (C) review restrictions on competition and inserting the following:

(C)

review barriers to small business participation in Federal contracting

;

(5)

by striking subparagraph (D) and inserting the following:

(D)

review any bundled or consolidated solicitation or contract in accordance with this Act;

;

(6)

in subparagraph (E) by striking (E) have access to and inserting the following:

(E)

have access to

; and

(7)

by striking subparagraphs (F) and (G) and inserting the following:

(F)

receive, from personnel responsible for reviewing unsolicited proposals, copies of unsolicited proposals from small business concerns and any information on outcomes relating to such proposals;

(G)

participate in any session or planning process and review any documents with respect to a decision to convert an activity performed by a small business concern to an activity performed by a Federal employee;

(H)

have electronic access to any acquisition plan developed or in development with respect to a procurement activity;

(I)

be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, including by advocating against the bundling of contract requirements when not justified; and

(J)

carry out any other responsibility assigned by the Administrator.

.

(d)

Appeals

Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is amended by striking (3) A breakout procurement center representative and inserting the following:

(3)

Appeals

A procurement center representative

.

(e)

Notification and inclusion

Paragraph (4) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended to read as follows:

(4)

Notification and inclusion

A procurement center representative shall be notified of and included in all applicable acquisition planning processes.

.

(f)

Position requirements

Section 15(l)(5) of such Act (15 U.S.C. 644(l)(5)) is amended—

(1)

by striking the paragraph enumerator and inserting the following:

(5)

Position requirements

;

(2)

by striking subparagraphs (A) and (B) and inserting the following:

(A)

In general

A procurement center representative assigned under this subsection shall—

(i)

be a full-time employee of the Administration;

(ii)

be fully qualified, technically trained, and familiar with the goods and services procured by the major procurement center to which that representative is assigned; and

(iii)

have a Level III Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that any person serving in such a position on the date of enactment of this clause may continue to serve in that position for a period of 5 years without the required certification.

; and

(3)

in subparagraph (C) by striking (C) The Administration shall establish personnel positions for breakout procurement representatives and advisers assigned pursuant to and inserting the following:

(B)

Compensation

The Administrator shall establish personnel positions for procurement center representatives assigned under

.

(g)

Major procurement center defined

Section 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amended—

(1)

by striking (6) For purposes and inserting the following:

(6)

Major procurement center defined

For purposes

; and

(2)

by striking other than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout procurement center representative and inserting goods or services, including goods or services that are commercially available.

(h)

Training

Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) is amended—

(1)

by striking the paragraph enumerator and inserting the following:

(7)

Training

;

(2)

by striking subparagraph (A) and inserting the following:

(A)

Authorization

At such times as the Administrator deems appropriate, a procurement center representative shall provide training for contracting officers, other appropriate personnel of the procurement center to which such representative is assigned, and small businesses groups seeking to do business with such procurement center. Such training shall acquaint the participants with the provisions of this subsection and shall instruct the participants in methods designed to further the purposes of this subsection.

(B)

Limitation

A procurement center representative may provide training under subparagraph (A) only to the extent that the training does not interfere with the representative carrying out other activities under this subsection.

; and

(3)

in subparagraph (B)—

(A)

by striking (B) The breakout procurement center representative and inserting the following:

(8)

Annual briefing and report

A procurement center representative

; and

(B)

by striking sixty and inserting 60.

102.

Small Business Act contracting requirements training

(a)

Establishment

Not later than 1 year after the date of enactment of this Act, the Defense Acquisition University and the Federal Acquisition Institute shall each provide a course on contracting requirements under the Small Business Act, including the requirements for 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.

(b)

Course required

To have a Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification an individual shall be required to complete the course established under subsection (a).

(c)

Requirement that Business Opportunity Specialists be certified

Section 7(j)(10)(D)(i) of the Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after to assist such Program Participant. the following: The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the Small Business Opportunity Act of 2012 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification..

(d)

GAO Report

Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the relationship between the size and quality of the acquisition workforce and the Federal government’s ability to maximize the utilization of small businesses in Federal procurement. The report shall specifcally address the following:

(1)

The extent to which training on small business contracting laws affects a contracting officer’s determination to use one of the contracting authorities provided in the Small Business Act.

(2)

The relationship between a robust Federal acquisition workforce and small business success in obtaining Federal contracting opportunities.

(3)

The effect on economic growth if small businesses experienced a significant reduction in small business procurement activities.

(4)

The effect of the anticipated acceleration of retirements by the acquisition workforce on small business procurement opportunities.

II

Acquisition planning

201.

Acquisition planning

Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is amended—

(1)

by striking the various agencies and inserting a Federal department or agency; and

(2)

by striking the period and inserting

and each such Federal department or agency shall—

(A)

enumerate opportunities for the participation of small business concerns during all acquisition planning processes and in all acquisition plans;

(B)

invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization in all acquisition planning processes and provide that Director access to all acquisition plans in development; and

(C)

invite the participation of the appropriate procurement center representative in all acquisition planning processes and provide that representative access to all acquisition plans in development.

.

December 21, 2012

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed