SEC. 867. Joint venturing and teaming.
(a) Joint venture offers for bundled
or consolidated contracts.—Section 15(e)(4) of the Small
Business Act (15 U.S.C.
644(e)(4)) is amended to read as
follows:
“(4) CONTRACT TEAMING.—
“(A) IN GENERAL.—In the case of a
solicitation of offers for a bundled or consolidated
contract that is issued by the head of an agency, a small
business concern that provides for use of a particular team
of subcontractors or a joint venture of small business
concerns may submit an offer for the performance of the
contract.
“(B) EVALUATION OF OFFERS.—The head of the agency shall
evaluate an offer described in subparagraph (A) in the same
manner as other offers, with due consideration to the
capabilities of all of the proposed subcontractors or
members of the joint venture as follows:
“(i) TEAMS.—When evaluating an
offer of a small business prime contractor that includes a
proposed team of small business subcontractors, the head
of the agency shall consider the capabilities and past
performance of each first tier subcontractor that is part
of the team as the capabilities and past performance of
the small business prime contractor.
“(ii) JOINT VENTURES.—When evaluating an offer of a joint
venture of small business concerns, if the joint venture
does not demonstrate sufficient capabilities or past
performance to be considered for award of a contract
opportunity, the head of the agency shall consider the
capabilities and past performance of each member of the
joint venture as the capabilities and past performance of
the joint venture.
“(C) STATUS AS A SMALL BUSINESS
CONCERN.—Participation of a small business concern in a team
or a joint venture under this paragraph shall not affect the
status of that concern as a small business concern for any
other purpose.”.
(b) Team and joint ventures offers for
multiple award contracts.—Section 15(q)(1) of such Act (15
U.S.C.
644(q)(1)) is amended—
(1) in the heading, by inserting
“and joint venture” before “requirements”;
(2) by striking “Each Federal agency” and inserting the
following:
“(A) IN GENERAL.—Each Federal agency”; and
(3) by adding at the end the following new subparagraphs:
“(B) TEAMS.—When evaluating an offer of a small business
prime contractor that includes a proposed team of small
business subcontractors for any multiple award contract
above the substantial bundling threshold of the Federal
agency, the head of the agency shall consider the
capabilities and past performance of each first tier
subcontractor that is part of the team as the capabilities
and past performance of the small business prime contractor.
“(C) JOINT VENTURES.—When evaluating an offer of a joint
venture of small business concerns for any multiple award
contract above the substantial bundling threshold of the
Federal agency, if the joint venture does not demonstrate
sufficient capabilities or past performance to be considered
for award of a contract opportunity, the head of the agency
shall consider the capabilities and past performance of each
member of the joint venture as the capabilities and past
performance of the joint venture.”.
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Joint venturing and teaming (sec. 867)
The House bill contained a provision (sec. 843) that would amend
section 15(e)(4) and 15(q)(1) of the Small Business Act (15
U.S.C. 644(e)(4) and 15 U.S.C. 644(q)(1)), respectively, by
requiring agencies to give due consideration to the capabilities
and past performances of the small businesses that submit offers
as teams or joint ventures when the contract is bundled,
consolidated, or for a multiple-award contract.
The Senate amendment contained no similar
provision.
The Senate recedes.
House Report
114-201 to accompany H. R. 1735 as it was reported out of
the House Armed Services Committee.
Section 843--Joint Venturing and
Teaming
This section would amend section
15(e)(4) and 15(q)(1) of the Small Business Act (15 U.S.C.
644(e)(4) and 15 U.S.C. 644(q)(1), respectively) by requiring
agencies to give due consideration to the capabilities and past
performances of the small businesses that submit offers as teams
or joint ventures when the contract is bundled, consolidated, or
for a multiple award contract. The committee expects that the
Administrator of the Small Business Administration will issue
any regulations necessary to carry out the amendments made by
this section not later than 1 year after the date of enactment
of this Act. |
