Protecting Small Business Contracting Opportunities Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7403 To amend the Small Business Act to exempt certain contracts awarded to small business concerns from category management requirements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 29, 2020 Ms. HOULAHAN (for herself and Mr. JOYCE of Pennsylvania) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to exempt certain con- tracts awarded to small business concerns from category management requirements, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Small Busi- 4 ness Contracting Opportunities Act of 2020’’. 5 VerDate Sep 11 2014 22:46 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7403.IH H7403 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7403 IH SEC. 2. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO 1 SMALL BUSINESS CONCERNS FROM CAT- 2 EGORY MANAGEMENT REQUIREMENTS. 3 (a) IN GENERAL.—The Small Business Act is 4 amended— 5 (1) by redesignating section 49 as section 50; 6 and 7 (2) by inserting after section 48 the following 8 new section: 9 ‘‘SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CAT- 10 EGORY MANAGEMENT REQUIREMENTS. 11 ‘‘(a) IN GENERAL.—A contract awarded under sec- 12 tion 8(a), 8(m), 31, or 32 that is classified as tier 0— 13 ‘‘(1) shall be exempt from the procedural re- 14 quirements of any Federal rule or guidance on cat- 15 egory management or successor strategies for con- 16 tract consolidation; and 17 ‘‘(2) may not be included when measuring the 18 attainment of any goal or benchmark established 19 under any Federal rule or guidance on category 20 management or successor strategies for contract 21 consolidation, unless the inclusion of such contract 22 aids in the achievement of such a goal or bench- 23 mark. 24 ‘‘(b) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 22:46 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7403.IH H7403 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7403 IH ‘‘(1) CATEGORY MANAGEMENT.—The term ‘cat- 1 egory management’ has the meaning given such 2 term by the Director of the Office of Management 3 and Budget. 4 ‘‘(2) TIER 0.—The term ‘tier 0’ has the mean- 5 ing given such term by the Director of the Office of 6 Management and Budget with respect to the Spend 7 Under Management tiered maturity model, or any 8 successor model.’’. 9 (b) APPLICATION.—Section 49 of the Small Business 10 Act, as added by subsection (a), shall apply with respect 11 to contracts entered into on or after the date of the enact- 12 ment of this Act. 13 (c) PLAN AND REPORT.— 14 (1) IN GENERAL.—Not later than 120 days 15 after the date of the enactment of this Act, the Di- 16 rector of the Office of Management and Budget 17 shall submit to Congress a report including a plan 18 to increase the participation of small business con- 19 cerns in agency-wide or Government-wide contracts 20 (including best in class designations as defined in 21 section 15(h)(4)(B)). Such plan shall include— 22 (A) strategies to increase the amount and 23 frequency of opportunities for small business 24 VerDate Sep 11 2014 22:46 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7403.IH H7403 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7403 IH concerns to participate in agency-wide or Gov- 1 ernment-wide contracts; 2 (B) strategies to ease or eliminate require- 3 ments that impede such participation of small 4 business concerns; and 5 (C) a specific goal for the number of small 6 business concerns participating in agency-wide 7 or Government-wide contracts and a timeline to 8 achieve such goal. 9 (2) IMPLEMENTATION.—Not later than 60 days 10 after the submission of the report required under 11 paragraph (1), the Director of the Office of Manage- 12 ment and Budget shall implement the plan con- 13 tained in such report. 14 (d) RULEMAKING.—Not later than 90 days after the 15 date of the enactment of this Act, the Federal Acquisition 16 Regulation shall be revised to carry out this Act and the 17 amendment made by this Act. 18 Æ VerDate Sep 11 2014 22:46 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7403.IH H7403 kjohnson on DSK79L0C42PROD with BILLS