H.R. 6369 — what changed
Expanding Contracting Opportunities for Small Businesses Act of 2018
From Introduced in House to Reported in House. 1 section amended and 1 added between Introduced in House and Reported in House.
Sec. 2 Amendments to contracting authority for certain small business concerns
Qualified HUBZone small business concerns— Subparagraph (A) of section 31(b)(2) of the Small Business Act (15 U.S.C. 657a(b)(2)) is amended to read as follows:
“(A) Sole source contracts—A contracting officer may award sole source contracts under this section to any qualified HUBZone small business concern, if—
“(i) the qualified HUBZone small business concern is determined to be a responsible contractor with respect to performance of such contract opportunity;
“(ii) the contracting officer does not have a reasonable expectation that two or more qualified HUBZone small business concerns will submit offers for the contracting opportunity;
“(iii) the anticipated award price of the contract will not exceed—
“(I) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
“(II) $4,000,000, in the case of all other contract opportunities; and
“(iv) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.”
Small business concern owned and controlled by service-Disabled veterans— Subsection (a) of section 36 of the Small Business Act (15 U.S.C. 657f) is amended to read as follows:
“(a) Sole Source Contracts—In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if—
“(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity;
“(2) the contracting officer does not have a reasonable expectation that two or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity;
“(3) the anticipated award price of the contract will not exceed—
“(A) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
“(B) $4,000,000, in the case of any other contract opportunity;
“(4) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;
“(5) the contracting officer has notified the Administration of the intent to make such award and requested that the Administration determine the concern’s eligibility for award; and
“(6) the Administration has determined that such concern is eligible for award.”
Certain small business concerns owned and controlled by women— Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—
by amending paragraph (7) to read as follows:
“(7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women—A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women described in paragraph (2)(A) and certified under paragraph (2)(E) if—
“(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity;
“(B) the contracting officer does not have a reasonable expectation that two or more businesses described in paragraph (2)(A) will submit offers;
“(C) the anticipated award price of the contract will not exceed—
“(i) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity;
“(D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;
“(E) the contracting officer has notified the Administration of the intent to make such award and requested that the Administration determine the concern’s eligibility for award; and
“(F) the Administration has determined that such concern is eligible for award.”
by amending paragraph (8) to read as follows:
“(8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries—A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women certified under paragraph (2)(E) that is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator under paragraph (3)) if—
“(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity;
“(B) the contracting officer does not have a reasonable expectation that two or more businesses in an industry that has received a waiver under paragraph (3) will submit offers;
“(C) the anticipated award price of the contract will not exceed—
“(i) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity;
“(D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;
“(E) the contracting officer has notified the Administration of the intent to make such award and requested that the Administration determine the concern’s eligibility for award; and
“(F) the Administration has determined that such concern is eligible for award.”
added
Elimination of the inclusion of option years in the award price for contracts— Section 8 of the Small Business Act (15 U.S.C. 637) is amended by striking “(including options)” each place such term appears.
Sec. 5 Removal of eligibility determination upon implementation of certification programs
addedadded Effective upon the notification described under section 3, the Small Business Act (15 U.S.C. 631 et seq.) is amended—
added
in section 8(m)—
added
in paragraph (7)—
added
in subparagraph (C), by adding “and” at the end;
added
in subparagraph (D), by striking the semicolon at the end and inserting a period; and
added
by striking subparagraphs (E) and (F); and
added
in paragraph (8)—
added
in subparagraph (C), by adding “and” at the end;
added
in subparagraph (D), by striking the semicolon at the end and inserting a period; and
added
by striking subparagraphs (E) and (F); and
added
in section 36(a)—
added
in paragraph (3), by adding “and” at the end;
added
in paragraph (4), by striking the semicolon at the end and inserting a period; and
added
by striking paragraphs (5) and (6).