H.R.4081 - Contractor Opportunity Protection Act of 2012112th Congress (2011-2012)
Summary: H.R.4081 — 112th Congress (2011-2012)
Introduced in House (02/17/2012)
Contractor Opportunity Protection Act of 2012 - Amends the Small Business Act to consolidate Small Business Administration (SBA) provisions relating to contract bundling (the consolidation of two or more procurement requirements into a solicitation for a single prime contract that is unlikely, because of its size or complexity, to be suitable for award to a small business). Requires the Procurement Activity (Activity) of a federal department or agency (agency), at least 45 days prior to the issuance of a solicitation, to provide to that Activity's procurement center representative a copy of the proposed procurement together with, among other things, the number of small businesses that could be excluded from bidding if the contract is a bundled contract. Requires the SBA Administrator, in the case of a previously bundled contract that is to be recompeted as a bundled contract, to determine, among other things, the amount of savings and benefits achieved under the bundling. Requires a procurement center representative who believes that a procurement as proposed will render small business prime contract participation unlikely to recommend to the Activity alternative procurement methods to increase small business contracting opportunities.
Requires the head of an agency, before proceeding with an acquisition strategy that could lead to a bundling of contract requirements, to conduct market research to determine whether bundling is necessary and justified. Allows a small business, in the case of a bundled contract, to submit an offer that provides for the use of a team of subcontractors for contract performance.
Directs the Administrator to develop and maintain a database of information on each bundled contract awarded by an agency and each small business displaced as a prime contractor as a result of such award.
Requires annual reports from the Administrator to the congressional small business committees on federal contract bundling, including cost savings and impact on small businesses.
Requires: (1) each federal agency to include in each solicitation for any multiple award contract above certain thresholds a provision soliciting bids from any responsible source, including small businesses and teams or joint ventures of small businesses; and (2) the Federal Acquisition Regulatory Council to establish and publish a government-wide policy regarding contract bundling.