A bill to increase opportunities for small businesses to participate in the program authorized under section 8(a) of the Small Business Act, to provide for certain reforms in such program, and for other purposes.
Equal Access to Business Opportunity Act - Amends the Small Business Act to make certain modifications in the small business set aside program for socially or economically disadvantaged small businesses.
Establishes within the Office of Disadvantaged Small Business and Capital Ownership Development of the Small Business Administration (SBA) the Disadvantaged Business Opportunity Division. Requires the SBA Administrator to appoint a Director of the Division who shall certify businesses which are to be designated as socially or economically disadvantaged small business concerns.
Requires the Director to grant or deny requests for certification within 30 days. Provides for an appeal process for firms denied certification.
Provides that such a certification will end: (1) when the business ceases to meet certification criteria; (2) five years after the award of the business' first Government contract under this Act; or (3) eight years after the certification was granted if no contract is awarded.
Requires the Federal and State governments to accept such a certification as conclusive as to a business' eligibility as socially or economically disadvantaged.
Directs the procurement officer of each Federal agency or State agency using Federal funds to award contracts to socially or economically disadvantaged small businesses for any work they are competent and responsible to perform. Requires contracts to be awarded on the basis of competitive bidding to the maximum extent possible.
Prohibits any Federal agency from providing business development expense funds, which are defined to include funds associated with capital equipment, other capital improvements, or price differentials, to any concern certified under this Act.
Renames the Minority Small Business and Capital Ownership Development Program as the Disadvantaged Small Business and Capital Ownership Development Program.
Redefines a "socially or economically disadvantaged small business concern" to exclude the requirement that the management and daily business operations of such concern be controlled by socially or economically disadvantaged individuals or economically disadvantaged Indians.
Requires the Director to establish an expedited certification process that: (1) involves initial review of certification requests by district and regional offices; and (2) minimizes delay and paperwork.
Restricts the continued eligibility for participation in the small business set-aside program of previous participants.
Requires the procurement officer of each agency that awards contracts under such program to monitor the performance of participating socially or economically disadvantaged businesses and to report this information to the Office of Small and Disadvantaged Business Utilization. Requires such Office to forward aggregate information to the Director and the Interagency Council on Disadvantaged Business Enterprise.
Directs the Division to: (1) maintain a current directory of all small businesses which have been certified; (2) report to the Congress on the implementation of this program; and (3) encourage prime contractors of departments and agencies to enter into subcontracts with firms that have been certified.
Requires the Associate Administrator for Disadvantaged Small Business and Capital Ownership Development to chair an Interagency Council on Disadvantaged Business Enterprise. Requires the Council to: (1) establish annual goals for each department or agency with respect to awards of contracts to socially or economically disadvantaged small businesses; (2) encourage agencies to meet such goals and to provide expedited procedures for awarding contracts; and (3) monitor the performance of agencies toward meeting such goals.
Authorizes the SBA to provide financial assistance for training programs to assist small businesses that are eligible for such contracts in the development of business principles and strategies needed to compete for contracts in the national marketplace.
Requires the Associate Administrator to provide training to procurement and loan officers and participating agency personnel on the goals and objectives of the small business assistance programs.
Repeals the requirement that a small business must have a business plan approved by the Administrator to be eligible for a contract under the set-aside program.
Increases penalties for misrepresentation of the status of any concern as a small business or a socially or economically disadvantaged small business in order to obtain a contract under certain Federal programs from $50,000 to $500,000.
Requires the Administrator to maintain a data base which: (1) tracks the history of socially or economically disadvantaged small businesses that are certified under this Act; and (2) describes the nature, number, and dollar value of contracts with disadvantaged businesses made by each participating department or agency under the small business set-aside program.
Introduced in House
Introduced in House
Referred to House Committee on Small Business.
Referred to Subcommittee on Procurement, Innovation and Minority Enterprise Development.
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