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Legislation News & Report (TM) TheWeekInCongress.com (TM) Managing America: Small Business |
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TheWeekInCongress.com (TM) Week Ending October 26, 2007
H.R.3867 To update and expand the procurement programs of the Small Business Administration, and for other purposes
The first Title of the bill aims to expand opportunities for small businesses owned and operated by service-disabled veterans to procure contracts with the Federal government by changing the wording in previous Small Business Administration law allowing that service-disabled vets ‘may’ be considered preferentially to ‘shall’ be considered as such. In addition, the title includes service-disabled veterans who misrepresent their status to gain preferential treatment as liable for penalties as are other individuals and groups given preferential treatment.
The Title also implements an Executive Order directing the SBA Administrator to provide service-disable small business owner information and assistance concerning federal contracting, advise and assist other agencies to expand procurement opportunities and make training in the procurement process available to service-disabled veterans.
Title II protects taxpayers and ensure program consistency by requiring the SBA Administrator to perform a background check on applicants for procurement contracts and ensure that the applicant does not lack business integrity. For existing contractors, no further contracts can be awarded without the background check. The Administrator must also perform random background checks on awardees to determine any lack of business integrity.
The President is directed to annually set government-wide goals for procurement contracts awarded to small businesses controlled by service-disabled veterans to include goals for prime contractors to use service-disabled veteran businesses to ensure their maximum participation in government procurement contracts.
The size of contracts available to veterans is increased from $5 million to $5.5 million.
Title III expands opportunities for women-owned businesses by directing contracting officers to restrict competition for a contract to small businesses controlled by women if the businesses are no less than 51% owned by one of more women who are economically disadvantaged, if it is reasonable to consider that two or more applicants will be women-owned small businesses and it is estimated that the contract can be awarded at a fair and reasonable price. Such applicants must be certified by a Federal, State or local government or other approved organization. A study of women-owned business participation is ordered for every five years
Title IV aims to strengthen community development by requiring on-site inspection of a business concern if the business has previously been a warded a contract or is due a second contract.
Title V modernizes the 8(A) (Economically disadvantaged) Program by excluding from a determination of the applicant’s net worth, the value of any investment in the small business and the equity of an economically disadvantaged owner in a primary personal residence. If the Administrator determines that the applicant’s net worth is $550,000 or less, the applicant is seen as diminished in credit and capital opportunities. The Section 8(A) Program is extended for another ten years with the first six being developmental and the last four being transitional.
The sixth Title governs franchises applying for a contract. The Administrator shall disregard whether the franchisor finances the payroll of the temporary staffing personnel and whether the temporary personnel are treated as independent contractors for tax or other purposes.
Sponsor: Rep. Nadia Velazquez (D-NY-12th) Vote: Passed House 334 to 80 October 30 2007 RC 1017. The motion to recommit the bill failed 177 to 240 RC 1016 The motion to recommit was explained as "reinstates the requirement that requires the government to set aside for competition contracts for small businesses located in HUBZones.". The motion was previously defeated, 16 to 8 as an amendment offered to the bill while in committee. Opposition to the motion held that it would replace priorities in the bill that aim to improve additional contracting opportunities to veterans. Cost to the taxpayers: No discernible cost. Earmark Certification: Not applicable to this bill.
AMENDMENTS 1.
H.AMDT.864 to
H.R.3867 Amendment declares veterans who are severely disabled shall
be given special consideration as agencies implement contracting
regulations; set forth certain standards for business integrity that are
required for participation in federal contracting programs; and would
clarify the implementation of the women's procurement program. 2.
H.AMDT.865 to
H.R.3867 Amendment directs the Administrator of the Small Business
Administration to conduct a study to determine what changes would be
required to provide greater Federal contracting assistance to participants
in the program created by section 8(a) of the Small Business Act that have
less equity in their business concerns than other participants in the
program. 3.
H.AMDT.866 to
H.R.3867 An amendment numbered 3 printed in House Report 110-407 to
require the Administrator of the Small Business Administration to carry
out a study on the effectiveness of the HUBZone program in reaching rural
areas. 4.
H.AMDT.867 to
H.R.3867 An amendment numbered 4 printed in House Report 110-407 to
clarify that the small business set-aside provisions of the Small Business
Act (15 U.S.C. 644) should apply to federal contracts not excluding
Federal Supply Schedule and Multiple Award Schedule holders. 5.
H.AMDT.868 to
H.R.3867 An amendment numbered 5 printed in House Report 110-407 to
state that it is the sense of the House that small business set-asides
should not be excluded from any acquisitions under the GSA's Federal
Supply Schedule. 6.
H.AMDT.869 to
H.R.3867 Amendment requires the Administrator of the Small Business
Administration conduct a study to determine, with respect to small
business contracts, whether incumbent Federal contractors are submitting
frivolous protests to extend the length of current contracts before
protest decisions are resolved. 7.
H.AMDT.870 to
H.R.3867 Amendment directs the Administrator of the Small Business
Administration to examine the lists of groups the members of which are
presumed to be socially disadvantaged under the Small Disadvantaged
Business program under section 8(a) of the Small Business Act and to
consider whether the list should be updated to include additional groups.
8.
H.AMDT.871 to
H.R.3867 Amendment creates a liaison within the Small Business
Administration whose duty, in consultation with the Assistant Secretary of
the Department of Homeland Security for U.S. Immigration and Customs
Enforcement, is to ensure that section 2(i) of the Small Business Act,
regarding assistance to individuals not lawfully within the United States,
is carried out. 9.
H.AMDT.872 to
H.R.3867 An amendment numbered 9 printed in House Report 110-407 to
provide that any employer found, based on a determination by the
Department of Homeland Security or the Attorney General to have engaged in
a pattern or practice of hiring, recruiting or referring for a fee, for
employment in the United States an alien knowing the person is an
unauthorized alien shall be subject to debarment from the receipt of
future Federal contracts. 10.
H.AMDT.873 to
H.R.3867 An amendment numbered 10 printed in House Report 110-407 to
prohibit the use of any funds for first-class or business-class airline
travel by agency employees when carrying out the provisions of H.R. 3867.
The amendment includes exceptions provided by the Code of Federal
Regulations 301-10.122 to 10.124, as applicable to federal agency
employees. ## All Rights Reserved. © 2007 TheWeekInCongress.com(TM) No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)
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