A bill to provide increased opportunities for small business concerns to participate in procurements made by legislative and independent agencies of the United States and for other purposes.
Legislative and Independent Agencies Small Business Procurement Act of 1985 - Sets forth the policy, findings, and purposes of this Act.
Establishes in each Federal agency having procurement powers an Office of Small and Disadvantaged Business Utilization that shall provide increased opportunities for certain small businesses to participate in procurements made by legislative and independent agencies. Provides that the management of each office shall be vested in an employee of such agency who shall be known as the Director of Small and Disadvantaged Business Utilization.
Requires the head of each agency, after consultation with the Director of Small and Disadvantaged Business Utilization, to establish specified annual goals for the participation by small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and women owned small businesses in Government procurement contracts let by such agencies.
Sets forth specified agency requirements with respect to the awarding of contracts to small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals.
Prohibits an agency procurement officer from precluding any small business from being awarded a contract on the basis of the responsibility of the offeror without referring such matter for final disposition to the Director of Small and Disadvantaged Business Utilization. Requires the Director to certify to agency procurement officers a small business' competency to receive or perform any agency contract.
Requires each agency to promptly make payment to small businesses that have provided property or services to such agency.
Requires all Federal contracts over $10,000, with specified exceptions, to include a policy clause declaring that small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women shall have the maximum practicable opportunity to participate in Federal contracts.
Requires contracts that are awarded through other than the sealed bid method of procurement and which exceed $1,000,000 for contracts for the construction of any public facility, or $5,000,000 for all other contracts, to contain a clause notifying small businesses of other specified methods of procurement than the sealed bid method. Requires small businesses, before the award of certain contract, to submit to the procurement officer a subcontracting plan which shall provide the maximum practicable opportunity for small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned by women to participate in the performance of such contracts. Requires such subcontracting plan to be made a material part of the contract. Requires certain specifics in each subcontracting plan (or become ineligible to be awarded the contract). Provides that such subcontracting requirements shall not apply to offerors or bidders who are small businesses themselves. Requires the Director of Small and Disadvantaged Business Utilization to assist agency procurement officers and small businesses in developing and complying with subcontracting plans.
Sets forth both civil and criminal penalties for persons who make false statements with respect to the award of contracts or subcontracts under this Act.
Requires each agency with research and development funds to establish annual goals for funding agreements for research or research and development to small businesses. Sets forth specified requirements with respect to the rights to any inventions created by such businesses.
Requires each agency to publicize notice of contracting opportunities so as to encourage the maximum practicable participation by small businesses. Provides an exemption from such notice requirement.
Requires each agency to provide means whereby offerors and bidders for Government contracts may identify whether they are a small business, a women-owned small business, or a socially and economically disadvantaged small business. Provides for the resolution of disputes with respect to the status of such concern as a small business.
Requires each agency, within 90 days after the conclusion of each fiscal year, to submit to specified congressional committees a report on the extent of its compliance with the provisions of this Act.
Introduced in House
Introduced in House
Referred to House Committee on Small Business.
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