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H.R. 789 · House bill · 119th Congress
This bill requires the Small Business Administration (SBA) to issue rules for disclosing information about federal contract solicitations for which small businesses were eligible and that were issued and cancelled.
Under the rules for such a solicitation, an agency must provide (1) a justification for the cancellation, (2) information about any plans to reissue the solicitation and any associated time frames, and (3) information about any plans to include the requirements of the solicitation in another contract or task order of the agency.
Additionally, for such solicitations that an agency does not intend to reissue, the SBA must provide procedures for the agency to refer a small business that prepared a bid for such covered solicitation to the Office of Small and Disadvantaged Business Utilization for assistance in identifying similar contracting opportunities.
This Act may be cited as the “Transparency and Predictability in Small Business Opportunities Act”.
(a) In general.— Not later than 180 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules as follows:
(1) Requiring disclosure of information about a covered solicitation that was issued and cancelled that includes the following:
(A) A justification for the cancellation of such covered solicitation.
(B) Available information about any plans to reissue such covered solicitation and any associated timeframes for such reissuance.
(C) Available information about any plans to include the requirements of such covered solicitation in another contract or task order of the Federal agency.
(2) With respect to a cancelled covered solicitation which the Federal agency does not intend to reissue, establishing procedures for the referral of a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that prepared a bid for such covered solicitation to the Director of Small and Disadvantaged Business Utilization (as defined in section 15(k) of such Act (15 U.S.C. 644(k))) of the Federal agency for assistance in identifying similar contracting opportunities.
(b) Publication.— The information required under subsection (a) shall be made publicly accessible on the single, Government-wide point of entry described under section 1708 of title 41, United States Code.
(c) Covered solicitation defined.— In this section, the term covered solicitation means a solicitation of a Federal agency for a procurement for which two or more small business concerns were eligible to submit a bid.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended—
(1) in paragraph (21), by striking the period at the end and inserting “; and”; and
(2) by adding at the end the following new paragraph:
“(22) shall, when notified by a small business concern that a Federal agency cancelled a solicitation for which such concern prepared a bid and such Federal agency does not intend to reissue such solicitation, assist such concern with identifying similar contracting opportunities.”.
No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act.