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TITLE XVI--INDUSTRIAL BASE MATTERS

Subtitle C--Matters Relating to Small Business Concerns

P. L. 112-

House Conference Report 112-705

SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES.

(a) In General- Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is amended by striking the subsection enumerator and inserting the following:

`(l) Procurement Center Representatives- '.

(b) Assignment and Role- Paragraph (1) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended to read as follows:

`(1) ASSIGNMENT AND ROLE- The Administrator shall assign to each major procurement center a procurement center representative with such assistance as may be appropriate.'.

(c) Activities- Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) is amended--

(1) in the matter preceding subparagraph (A), by striking `(2) In addition to carrying out the responsibilities assigned by the Administration, a breakout' and inserting the following:

`(2) ACTIVITIES- A';

(2) in subparagraph (B)--

(A) by striking `(B) review, at any time, restrictions on competition' and inserting the following:

`(B) review, at any time, barriers to small business participation in Federal contracting';

(B) by striking `items' and inserting `goods and services'; and

(C) by striking `limitations' and inserting `barriers';

(3) in subparagraph (C), by striking `(C) review restrictions on competition' and inserting the following:

`(C) review barriers to small business participation in Federal contracting';

(4) by striking subparagraph (D) and inserting the following:

`(D) review any bundled or consolidated solicitation or contract in accordance with this Act;';

(5) by striking subparagraph (E) and inserting the following:

`(E) have access to procurement records and other data of the procurement center commensurate with the level of such representative's approved security clearance classification, with such data provided upon request in electronic format, when available;'; and

(6) by striking subparagraphs (F) and (G) and inserting the following:

`(F) receive unsolicited proposals from small business concerns and transmit such proposals to personnel of the activity responsible for reviewing such proposals, who shall furnish the procurement center representative with information regarding the disposition of any such proposal;

`(G) consult with the Director the Office of Small and Disadvantaged Business Utilization of that agency and the agency personnel described in paragraph (7) and (8) of subsection (k) with regard to agency insourcing decisions covered by subsection (k)(11);

`(H) be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, including by advocating against the consolidation or bundling of contract requirements when not justified; and

`(I) carry out any other responsibility assigned by the Administrator.'.

(d) Appeals- Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is amended by striking `(3) A breakout procurement center representative' and inserting the following:

`(3) APPEALS- A procurement center representative'.

(e) Assignment to Major Procurement Centers- Paragraph (4) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended by striking `breakout procurement center representative' and inserting `procurement center representative'.

(f) Position Requirements- Section 15(l)(5) of such Act (15 U.S.C. 644(l)(5)) is amended--

(1) by striking the paragraph enumerator and inserting the following:

`(5) POSITION REQUIREMENTS- ';

(2) by striking subparagraphs (A) and (B) and inserting the following:

`(A) IN GENERAL- A procurement center representative assigned under this subsection shall--

`(i) be a full-time employee of the Administration;

`(ii) be fully qualified, technically trained, and familiar with the goods and services procured by the major procurement center to which that representative is assigned; and

`(iii) have a Level III Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that any person serving in such a position on the date of enactment of this clause may continue to serve in that position for a period of 5 years without the required certification.'; and

(3) in subparagraph (C) by striking `(C) The Administration shall establish personnel positions for breakout procurement representatives and advisers assigned pursuant to' and inserting the following:

`(B) COMPENSATION- The Administrator shall establish personnel positions for procurement center representatives assigned under'.

(g) Major Procurement Center Defined- Section 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amended--

(1) by striking `(6) For purposes' and inserting the following:

`(6) MAJOR PROCUREMENT CENTER DEFINED- For purposes'; and

(2) by striking `other than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout procurement center representative' and inserting `goods or services, including goods or services that are commercially available'.

(h) Training- Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) is amended--

(1) by striking the paragraph enumerator and inserting the following:

`(7) TRAINING- ';

(2) in subparagraph (A) by striking `(A) At such times' and inserting the following:

`(A) AUTHORIZATION- At such times'.

(3) in subparagraph (B)--

(A) by striking `(B) The breakout procurement center representative' and inserting the following:

`(8) ANNUAL BRIEFING AND REPORT- A procurement center representative'; and

(B) by striking `sixty' and inserting `60'; and

(4) by inserting after subparagraph (A) the following:

`(B) LIMITATION- A procurement center representative may provide training under subparagraph (A) only to the extent that the training does not interfere with the representative carrying out other activities under this subsection.'.

 		Procurement center representatives (sec. 1621)

The House bill contained a provision (sec. 1621) that would amend section 15(l) of the Small Business Act (15 U.S.C. 644(l)) to strengthen and clarify the roles and responsibilities of Procurement Center Representatives (PCRs) in the acquisition process.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would strengthen and clarify the roles and responsibilities of PCRs, while ensuring that the small business offices within the federal agencies serve as the primary advocates for small business during the pre-decisional acquisition planning processes of such agencies.

House Report 112-479

SECTION 1621--PROCUREMENT CENTER REPRESENTATIVES

This section would amend subsection (l) of section 15 of the Small Business Act (15 U.S.C. 644) to strengthen and clarify the role and responsibilities of Procurement Center Representatives (PCRs). This section would also allow PCRs to review and make recommendations related to acquisition plans and procurement methods and would require that PCRs hold a Level III Federal Acquisition Certification in Contracting, or the equivalent Department of Defense certification.
 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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