Small Business Fairness Act

Small Business Fairness Act

(Sec. 2) This bill amends the Small Business Act to revise requirements with respect to solicitation of offers for bundled contracts issued by the head of a federal agency that allows a small business to submit an offer (bid) that provides for the use of a particular team of subcontractors for the performance of the contract.

The small business may now also bid on a bundled or consolidated contract that provides for the use of a joint venture of small businesses.

The Small Business Administration (SBA), with respect to either a single or a multiple contract award, must evaluate teams and joint ventures of small business concerns by considering their prior experience and past performance as well as (according to current law) their capabilities.

For certain federal procurement contracts awarded to a team of small business prime contractors and subcontractors or a joint venture of small businesses, the contracting officer must certify annually to the SBA, for each year the contract is in effect, that each small business member of the team or joint venture has the same status of a small business, small business owned and controlled by service-disabled veterans, qualified HUBZone small business, small business owned and controlled by socially and economically disadvantaged individuals, or small business owned and controlled by women, as applicable, that it had at the time the contract was awarded.

This requirement shall not apply to a contract awarded to a joint venture of small businesses that is a protege under a SBA approved mentor-protege program.