NDAA for Fiscal Year 2012

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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. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS. Subsection (h) of section 15 of the Small Business Act (15 U.S.C. 644) is amended to read as follows: `(h) Reporting on Goals for Procurement Contracts Awarded to Small Business Concerns- `(1) AGENCY REPORTS- At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing-- `(A) the extent of the participation by small business concerns, small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in the procurement contracts of such agency during such fiscal year; `(B) whether the agency achieved the goals established for the agency under subsection (g)(2) with respect to such fiscal year; and `(C) any justifications for a failure to achieve such goals. `(2) REPORTS BY ADMINISTRATOR- Not later than 60 days after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall submit to the President and Congress, and to make available on a public Web site, a report that includes-- `(A) a copy of each report submitted to the Administrator under paragraph (1); `(B) a determination of whether each goal established by the President under subsection (g)(1) for such fiscal year was achieved; `(C) a determination of whether each goal established by the head of a Federal agency under subsection (g)(2) for such fiscal year was achieved; `(D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, including the Administrator's comments and recommendations on the proposed remediation plan; and `(E) for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts awarded during such fiscal year to-- `(i) small business concerns-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; and `(IV) through unrestricted competition; `(ii) small business concerns owned and controlled by service-disabled veterans-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; `(IV) through competitions restricted to small business concerns owned and controlled by service-disabled veterans; and `(V) through unrestricted competition; `(iii) qualified HUBZone small business concerns-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; `(IV) through competitions restricted to qualified HUBZone small business concerns; `(V) through unrestricted competition where a price evaluation preference was used; and `(VI) through unrestricted competition where a price evaluation preference was not used; `(iv) small business concerns owned and controlled by socially and economically disadvantaged individuals-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; `(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; `(V) through unrestricted competition; and `(VI) by reason of that concern's certification as a small business owned and controlled by socially and economically disadvantaged individuals; `(v) small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)) other than an Alaska Native Corporation-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; `(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and `(V) through unrestricted competition; `(vi) small business concerns owned by a Native Hawaiian Organization-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; `(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and `(V) through unrestricted competition; `(vii) small business concerns owned by an Alaska Native Corporation-- `(I) in the aggregate; `(II) through sole source contracts; `(III) through competitions restricted to small business concerns; `(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and `(V) through unrestricted competition; and `(viii) small business concerns owned and controlled by women-- `(I) in the aggregate; `(II) through competitions restricted to small business concerns; `(III) through competitions restricted using the authority under section 8(m)(2); `(IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used; and `(V) through unrestricted competition; and `(F) for the Federal Government, the number, dollar amount, and distribution with respect to the North American Industry Classification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, provided that such information is publicly available through data systems developed pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), or otherwise available as provided in paragraph (3). `(3) ACCESS TO DATA- `(A) FEDERAL PROCUREMENT DATA SYSTEM- To assist in the implementation of this section, the Administration shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting Reporting System, or any new or successor system. `(B) AGENCY PROCUREMENT DATA SOURCES- To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administration, procurement information collected through agency data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data.'.	Reporting on goals for procurement contracts awarded to small business concerns (sec. 1632) The House bill contained a provision (sec. 1632) that would establish enhanced federal agency reporting requirements relative to contracts awarded to small businesses. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would ensure that federal agencies are not required to establish new data collection systems for the purpose of meeting these requirements.
	House Report 112-479
	SECTION 1632--REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS This section would amend subsection (h) of the Small Business Act (15 U.S.C. 644) to clarify and expand the reporting requirements related to procurement contracts awarded to small businesses. The section would require the head of each Federal agency to submit an annual report to the Administrator of the Small Business Administration that describes the extent of participation by small businesses and requires the head of the agency to also provide the justification for the failure to achieve the goals established in accordance with the Act. This section would also require the Administrator to report to the President and to Congress, not later than 60 days after receiving such a report, the data provided by each head of agency in a manner that would improve visibility of agency performance related to small business goals and that would enhance oversight of such activity.

SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS.