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TITLE XVI--INDUSTRIAL BASE MATTERS Subtitle C--Matters Relating to Small Business Concerns |
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P. L. 112- |
House Conference Report 112-705 |
SEC. 1671. CONTRACT BUNDLING.(a) Construction Contracts- Section 44 of the Small Business Act (15 U.S.C. 657q) is amended in subsection (a)(2) by striking `or a multiple award contract to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; and' and inserting the following: `or a multiple award contract-- `(A) to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; or `(B) to satisfy requirements of the Federal agency for construction projects to be performed at 2 or more discrete sites; and'. (b) Clarification of Certain Requirements- Section 44 of such Act is further amended in subsection (c)(1)(E), by striking `certifies to the head of the Federal agency' and inserting `ensures'. (c) Repeal of Superseded Law and Conforming Change- (1) CONSOLIDATION OF CONTRACT REQUIREMENTS: POLICY AND RESTRICTIONS- Section 2382 of title 10, United States Code is repealed. The table of sections for chapter 141 of such title is amended by striking the item relating to section 2382. (2) CONSOLIDATION OF CONTRACT REQUIREMENTS; DEPARTMENT OF DEFENSE- Section 44 of the Small Business Act, as amended by subsections (a) and (b) of this section, is further amended in subsection (c) by striking paragraph (4). (d) Comptroller General Review- Not later than 270 days after the date of the enactment of this subsection, the Comptroller General of the United States shall review data and information regarding consolidated contracts awarded by Federal agencies. The review shall include an assessment of-- (1) the extent to which written determinations that the consolidation of contract requirements was necessary and justified meet the requirements of applicable provisions of law and regulation; (2) the amount of savings and benefits realized pursuant to such contracts, in comparison with-- (A) the performance of similar requirements under previous contracts; and (B) the savings and benefits anticipated by the analysis required prior to the contract award pursuant to applicable provisions of law and regulation; (3) the extent to which the consolidation of contract requirements was consistent with the contracting agency's small business subcontracting plans; and (4) the adequacy of data collected pursuant to section 15 of the Small Business Act relating to contract bundling. |
Contract bundling (sec. 1671)
The House bill contained a provision (sec. 1671) that would expand and modify the definition of bundled contracts and eliminate procedures related to contract consolidation under the Small Business Act (15 U.S.C. 657q). The Senate amendment contained no similar provision. The Senate recedes with an amendment that would ensure the applicability of contract consolidation procedures to construction contracts, ensure that government-wide consolidation procedures are fully applicable to the Department of Defense, and require the Government Accountability Office to review data and information regarding consolidated contracts awarded by Federal agencies. |
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House Report 112-479 |
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SECTION 1671--CONSOLIDATION OF PROVISIONS RELATING TO CONTRACT BUNDLING This section would amend section 44 of
the Small Business Act (15 U.S.C. 657q) by expanding and
clarifying the definition of a bundled contract and eliminating
procedures related to contract consolidation. This section would
exclude contracts under $2.0 million dollars generally, or
contracts under $5.0 million for construction, from the
definition of a bundled contract. This section would also
exclude contracts for major defense acquisition programs.
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