H.R.4313 - Small Business Opportunity Preservation Act of 1996104th Congress (1995-1996)
Summary: H.R.4313 — 104th Congress (1995-1996)
Introduced in House (09/28/1996)
Small Business Opportunity Preservation Act of 1996 - Amends the Small Business Act to state as a policy under such Act that each Federal agency: (1) foster the participation of small businesses as prime contractors; (2) structure its contracting requirements to facilitate competition by and among small businesses; (3) avoid contract bundling (the practice of consolidating two or more procurement requirements into a single contract likely to be unsuitable for award to a small business); and (4) comply with requirements intended to foster the participation of small businesses as subcontractors.
(Sec. 4) Requires procurement strategies used by Federal agencies to facilitate the maximum participation of small businesses as prime contractors. Requires specific information to be included in any proposed procurement strategy that reflects a bundling of contract requirements, including impediments caused to small businesses as prime contractors. Authorizes the Small Business Administration (SBA) to review proposed contract solicitations for compliance with such requirements and to act within 15 days toward the modification of procurement strategies to increase the probability of participation by small businesses as prime contractors. Requires a determination not to modify a procurement strategy to be supported by specified findings and an assessment which addresses matters concerning contract bundling and its impacts on small businesses.
(Sec. 5) Authorizes a small business intending to submit an offer for an anticipated bundled contract to propose to the SBA for approval a team of small business subcontractors (or a team of small businesses and other businesses whose participation may not represent more than 25 percent of the contract value) to perform the contract.
(Sec. 6) Requires the Federal Procurement Data System to be modified to collect data regarding contract bundling.
(Sec. 7) Requires, in a solicitation for the award of construction contracts of $1 million or other types of contracts for $500,000, the inclusion of provisions which specify minimum percentages of participation by various types of small businesses in subcontracting under such contracts. Requires the successful offeror for such a contract to negotiate with the contracting officer in order to meet specified goals for subcontract participation by small businesses.
(Sec. 8) Authorizes notice of subcontracting opportunities to be submitted for publication in the Commerce Business Daily by the appropriate prime contractors.
(Sec. 9) Provides deadlines for the publication of proposed amendments made to the Federal Acquisition Regulation or to SBA regulations.