United States HR 190: Expanding Contracting Opportunities for Small Businesses Act of 2019

Bill Text

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116TH CONGRESS
1ST SESSION H. R. 190
To amend the Small Business Act to eliminate the inclusion of option years
in the award price for sole source contracts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2019
Mr. MARSHALL (for himself and Mr. SCHNEIDER) introduced the following
bill; which was referred to the Committee on Small Business
A BILL
To amend the Small Business Act to eliminate the inclusion
of option years in the award price for sole source con-
tracts, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Expanding Contracting 4
Opportunities for Small Businesses Act of 2019’’. 5
SEC. 2. AMENDMENTS TO CONTRACTING AUTHORITY FOR 6
CERTAIN SMALL BUSINESS CONCERNS. 7
(a) QUALIFIED HUBZONE SMALL BUSINESS CON-8
CERNS.—Subparagraph (A) of section 31(b)(2) of the 9
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Small Business Act (15 U.S.C. 657a(b)(2)) is amended 1
to read as follows: 2
‘‘(A) SOLE SOURCE CONTRACTS.—A con-3
tracting officer may award sole source contracts 4
under this section to any qualified HUBZone 5
small business concern, if— 6
‘‘(i) the qualified HUBZone small 7
business concern is determined to be a re-8
sponsible contractor with respect to per-9
formance of such contract opportunity; 10
‘‘(ii) the contracting officer does not 11
have a reasonable expectation that two or 12
more qualified HUBZone small business 13
concerns will submit offers for the con-14
tracting opportunity; 15
‘‘(iii) the anticipated award price of 16
the contract will not exceed— 17
‘‘(I) $7,000,000, in the case of a 18
contract opportunity assigned a stand-19
ard industrial classification code for 20
manufacturing; or 21
‘‘(II) $4,000,000, in the case of 22
all other contract opportunities; and 23
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‘‘(iv) in the estimation of the con-1
tracting officer, the contract award can be 2
made at a fair and reasonable price.’’. 3
(b) SMALL BUSINESS CONCERN OWNED AND CON-4
TROLLED BY SERVICE-DISABLED VETERANS.—Sub-5
section (a) of section 36 of the Small Business Act (15 6
U.S.C. 657f) is amended to read as follows: 7
‘‘(a) SOLE SOURCE CONTRACTS.—In accordance with 8
this section, a contracting officer may award a sole source 9
contract to any small business concern owned and con-10
trolled by service-disabled veterans if— 11
‘‘(1) such concern is determined to be a respon-12
sible contractor with respect to performance of such 13
contract opportunity; 14
‘‘(2) the contracting officer does not have a rea-15
sonable expectation that two or more small business 16
concerns owned and controlled by service-disabled 17
veterans will submit offers for the contracting oppor-18
tunity; 19
‘‘(3) the anticipated award price of the contract 20
will not exceed— 21
‘‘(A) $7,000,000, in the case of a contract 22
opportunity assigned a standard industrial clas-23
sification code for manufacturing; or 24
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‘‘(B) $4,000,000, in the case of any other 1
contract opportunity; 2
‘‘(4) in the estimation of the contracting officer, 3
the contract award can be made at a fair and rea-4
sonable price; 5
‘‘(5) the contracting officer has notified the Ad-6
ministration of the intent to make such award and 7
requested that the Administration determine the 8
concern’s eligibility for award; and 9
‘‘(6) the Administration has determined that 10
such concern is eligible for award.’’. 11
(c) CERTAIN SMALL BUSINESS CONCERNS OWNED 12
AND CONTROLLED BY WOMEN.—Section 8(m) of the 13
Small Business Act (15 U.S.C. 637(m)) is amended— 14
(1) by amending paragraph (7) to read as fol-15
lows: 16
‘‘(7) AUTHORITY FOR SOLE SOURCE CON-17
TRACTS FOR ECONOMICALLY DISADVANTAGED 18
SMALL BUSINESS CONCERNS OWNED AND CON-19
TROLLED BY WOMEN.—A contracting officer may 20
award a sole source contract under this subsection 21
to any small business concern owned and controlled 22
by women described in paragraph (2)(A) and cer-23
tified under paragraph (2)(E) if— 24
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‘‘(A) such concern is determined to be a 1
responsible contractor with respect to perform-2
ance of the contract opportunity; 3
‘‘(B) the contracting officer does not have 4
a reasonable expectation that two or more busi-5
nesses described in paragraph (2)(A) will sub-6
mit offers; 7
‘‘(C) the anticipated award price of the 8
contract will not exceed— 9
‘‘(i) $7,000,