Small Business Opportunity Act of 2012 - Amends the Small Business Act to replace the position of breakout procurement representative within the Small Business Administration (SBA) with the position of procurement center representative. Requires such representatives to, among other things, review any acquisition plan with respect to a procurement requirement, and make recommendations regarding procurement method determinations and acquisition plans. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to any acquisition plan developed or in development with respect to a procurement activity, (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting, and (3) be notified of and included in all applicable acquisition planning processes.
Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act.
Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement representative in such planning processes and provide Director and representative access to all acquisition plans in development.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3980 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3980
To amend the Small Business Act with respect to procurement center
representatives and acquisition planning, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2012
Ms. Herrera Beutler (for herself and Mr. Schrader) introduced the
following bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act with respect to procurement center
representatives and acquisition planning, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Opportunity Act of 2012''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--PROCUREMENT CENTER REPRESENTATIVES
Sec. 101. Procurement center representatives.
Sec. 102. Small Business Act contracting requirements training.
TITLE II--ACQUISITION PLANNING
Sec. 201. Acquisition planning.
TITLE I--PROCUREMENT CENTER REPRESENTATIVES
SEC. 101. PROCUREMENT CENTER REPRESENTATIVES.
(a) In General.--Section 15(l) of the Small Business Act (15 U.S.C.
644(l)) is amended by striking the subsection enumerator and inserting
the following:
``(l) Procurement Center Representatives.--''.
(b) Assignment and Role.--Paragraph (1) of section 15(l) of such
Act (15 U.S.C. 644(l)) is amended to read as follows:
``(1) Assignment and role.--The Administrator shall assign
to each major procurement center a procurement center
representative with such assistance as may be appropriate.''.
(c) Activities.--Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2))
is amended--
(1) in the matter preceding subparagraph (A) by striking
``(2) In addition to carrying out the responsibilities assigned
by the Administration, a breakout'' and inserting the
following:
``(2) Activities.--A'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) attend any provisioning conference or similar
evaluation session during which a determination may be
made with respect to the procurement method to be used
to satisfy a requirement, review any acquisition plan
with respect to a requirement, and make recommendations
regarding procurement method determinations and
acquisition plans;'';
(3) in subparagraph (B)--
(A) by striking ``(B) review, at any time,
restrictions on competition'' and inserting the
following:
``(B) review, at any time, barriers to small
business participation in Federal contracting'';
(B) by striking ``items'' and inserting ``goods and
services''; and
(C) by striking ``limitations'' and inserting
``barriers'';
(4) in subparagraph (C) by striking ``(C) review
restrictions on competition'' and inserting the following:
``(C) review barriers to small business
participation in Federal contracting'';
(5) by striking subparagraph (D) and inserting the
following:
``(D) review any bundled or consolidated
solicitation or contract in accordance with this
Act;'';
(6) in subparagraph (E) by striking ``(E) have access to''
and inserting the following:
``(E) have access to''; and
(7) by striking subparagraphs (F) and (G) and inserting the
following:
``(F) receive, from personnel responsible for
reviewing unsolicited proposals, copies of unsolicited
proposals from small business concerns and any
information on outcomes relating to such proposals;
``(G) participate in any session or planning
process and review any documents with respect to a
decision to convert an activity performed by a small
business concern to an activity performed by a Federal
employee;
``(H) have electronic access to any acquisition
plan developed or in development with respect to a
procurement activity;
``(I) be an advocate for the maximum practicable
utilization of small business concerns in Federal
contracting, including by advocating against the
bundling of contract requirements when not justified;
and
``(J) carry out any other responsibility assigned
by the Administrator.''.
(d) Appeals.--Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is
amended by striking ``(3) A breakout procurement center
representative'' and inserting the following:
``(3) Appeals.--A procurement center representative''.
(e) Notification and Inclusion.--Paragraph (4) of section 15(l) of
such Act (15 U.S.C. 644(l)) is amended to read as follows:
``(4) Notification and inclusion.--A procurement center
representative shall be notified of and included in all
applicable acquisition planning processes.''.
(f) Position Requirements.--Section 15(l)(5) of such Act (15 U.S.C.
644(l)(5)) is amended--
(1) by striking the paragraph enumerator and inserting the
following:
``(5) Position requirements.--'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--A procurement center
representative assigned under this subsection shall--
``(i) be a full-time employee of the
Administration;
``(ii) be fully qualified, technically
trained, and familiar with the goods and
services procured by the major procurement
center to which that representative is
assigned; and
``(iii) have a Level III Federal
Acquisition Certification in Contracting (or
any successor certification) or the equivalent
Department of Defense certification.''; and
(3) in subparagraph (C) by striking ``(C) The
Administration shall establish personnel positions for breakout
procurement representatives and advisers assigned pursuant to''
and inserting the following:
``(B) Compensation.--The Administrator shall
establish personnel positions for procurement center
representatives assigned under''.
(g) Major Procurement Center Defined.--Section 15(l)(6) of such Act
(15 U.S.C. 644(l)(6)) is amended--
(1) by striking ``(6) For purposes'' and inserting the
following:
``(6) Major procurement center defined.--For purposes'';
and
(2) by striking ``other than commercial items and which has
the potential to incur significant savings as the result of the
placement of a breakout procurement center representative'' and
inserting ``goods or services, including goods or services that
are commercially available''.
(h) Training.--Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7))
is amended--
(1) by striking the paragraph enumerator and inserting the
following:
``(7) Training.--'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Authorization.--At such times as the
Administrator deems appropriate, a procurement center
representative shall provide training for contracting
officers, other appropriate personnel of the
procurement center to which such representative is
assigned, and small businesses groups seeking to do
business with such procurement center. Such training
shall acquaint the participants with the provisions of
this subsection and shall instruct the participants in
methods designed to further the purposes of this
subsection.
``(B) Limitation.--A procurement center
representative may provide training under subparagraph
(A) only to the extent that the training does not
interfere with the representative carrying out other
activities under this subsection.''; and
(3) in subparagraph (B)--
(A) by striking ``(B) The breakout procurement
center representative'' and inserting the following:
``(8) Annual briefing and report.--A procurement center
representative''; and
(B) by striking ``sixty'' and inserting ``60''.
SEC. 102. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Defense Acquisition University and the
Federal Acquisition Institute shall each provide a course on
contracting requirements under the Small Business Act.
(b) Course Required.--To have a Federal Acquisition Certification
in Contracting (or any successor certification) or the equivalent
Department of Defense certification an individual shall be required to
complete the course established under subsection (a).
TITLE II--ACQUISITION PLANNING
SEC. 201. ACQUISITION PLANNING.
Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is
amended--
(1) by striking ``the various agencies'' and inserting ``a
Federal department or agency''; and
(2) by striking the period and inserting ``and each such
Federal department or agency shall--
``(A) enumerate opportunities for the participation
of small business concerns during all acquisition
planning processes and in all acquisition plans;
``(B) invite the participation of the appropriate
Director of Small and Disadvantaged Business
Utilization in all acquisition planning processes and
provide that Director access to all acquisition plans
in development; and
``(C) invite the participation of the appropriate
procurement center representative in all acquisition
planning processes and provide that representative
access to all acquisition plans in development.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported (Amended) by the Committee on Small Business. H. Rept. 112-722.
Reported (Amended) by the Committee on Small Business. H. Rept. 112-722.
Placed on the Union Calendar, Calendar No. 525.
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