IN THE SENATE OF THE UNITED STATES
January 31, 2013
Mr. Udall of New Mexico introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
To assure equity in contracting between the Federal Government and small business concerns, and for other purposes.
This Act may be cited as
Assuring Contracting Equity Act of
Federal contracting goals
Increase in certain goals
in the second
sentence, by striking
not less than 23 percent and inserting
not less than 25 percent; and
not less than 5 percent each place it appears and inserting
not less than 10 percent.
Limitation on number of categories for which a business may qualify
In this paragraph, the term specified category means 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.
Except as provided subparagraph (C), a Federal agency may include a business concern in not more than 2 specified categories for purposes of determining whether the Federal agency has met the Government-wide goals under this subsection for the award of contracts to business concerns in specified categories.
A Federal agency may not include a
small business concern that is participating in the program under section 8(a)
in any specified category except the category
small business concerns
owned and controlled by socially and economically disadvantaged
individuals for purposes of determining whether the Federal agency has
met the Government-wide goals under this subsection for the award of contracts
to business concerns in specified
Improving transparency to assist small business concerns
Section 15(g)(1) of the Small Business Act
(15 U.S.C. 644(g)(1)) is amended by inserting after the second sentence the
For purposes of this subsection, the total value of all prime
contract awards for a fiscal year includes the value of each prime contract
awarded for the fiscal year, without regard to whether the prime contract was
awarded as the result of unrestricted competition or any determination by the
Administrator with respect to the potential for a small business concern to
perform the prime contract or a subcontract under the prime
Compliance with small business subcontracting goals
The Administrator of the Small Business Administration shall consult with the heads of other Federal agencies to develop and implement standards for procurement officers to take into consideration the past compliance of potential contractors with small business subcontracting goals when making contract awards.