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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. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.(a) Appointment and Position of Director- Section 15(k)(2) of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking `such agency,' and inserting `such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5, United States Code), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms are defined under section 44(a) of this Act) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of such title (including comparability payments under section 5304 of such title);'. (b) Performance Appraisals- Section 15(k)(3) of such Act (15 U.S.C. 644(k)(3)) is amended-- (1) by striking `be responsible only to, and report directly to, the head' and inserting `shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head'; and (2) by striking `be responsible only to, and report directly to, such Secretary' and inserting `be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary'. (c) Additional Requirements- Section 15(k) of such Act (15 U.S.C. 644(k)) is amended by inserting after paragraph (10) the following: `(11) shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee; `(12) shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 44 of this Act; `(13) may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection; `(14) shall receive unsolicited proposals and, when appropriate, forward such proposals to personnel of the activity responsible for reviewing such proposals; `(15) shall carry out exclusively the duties enumerated in this Act, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection; and `(16) shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing-- `(A) the training provided by the Director under paragraph (13) in the most recently completed fiscal year; `(B) the percentage of the budget of the Director used for such training in the most recently completed fiscal year; and `(C) the percentage of the budget of the Director used for travel in the most recently completed fiscal year.'. (d) Requirement of Acquisition Experience for OSDBU Director- Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended by this part, is further amended, in the matter preceding paragraph (1), by striking `who shall' and inserting the following: `, with experience serving in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal acquisition program; chief engineer, systems engineer, assistant engineer, or product support manager for Federal acquisition program; Federal contracting officer; small business technical advisor; contracts administrator for Federal Government contracts; attorney specializing in Federal procurement law; small business liaison officer; officer or employee who managed Federal Government contracts for a small business; or individual whose primary responsibilities were for the functions and duties of section 8, 15 or 44 of this Act. Such officer or employee'. (e) Technical Amendments- Section 15(k) of such Act (15 U.S.C. 644(k)), as amended, is further amended-- (1) in paragraph (1)-- (A) by striking `be known' and inserting `shall be known'; and (B) by striking `such agency,' and inserting `such agency;'; (2) in paragraph (2) by striking `be appointed by' and inserting `shall be appointed by'; (3) in paragraph (3)-- (A) by striking `director' and inserting `Director'; and (B) by striking `Secretary's designee,' and inserting `Secretary's designee;'; (4) in paragraph (4)-- (A) by striking `be responsible' and inserting `shall be responsible'; and (B) by striking `such agency,' and inserting `such agency;'; (5) in paragraph (5) by striking `identify proposed' and inserting `shall identify proposed'; (6) in paragraph (6) by striking `assist small' and inserting `shall assist small'; (7) in paragraph (7)-- (A) by striking `have supervisory' and inserting `shall have supervisory'; and (B) by striking `this Act,' and inserting `this Act;'; (8) in paragraph (8)-- (A) in the matter preceding subparagraph (A), by striking `assign a' and inserting `shall assign a'; and (B) in subparagraph (A), by striking `the activity, and' and inserting `the activity; and'; (9) in paragraph (9)-- (A) by striking `cooperate, and' and inserting `shall cooperate, and'; and (B) by striking `subsection, and' and inserting `subsection;'; and (10) in paragraph (10)-- (A) by striking `make recommendations' and inserting `shall make recommendations'; (B) by striking `subsection (a), or section' and inserting `subsection (a), section'; (C) by striking `Act or section 2323' and inserting `Act, or section 2323'; (D) by striking `Code. Such recommendations shall' and inserting `Code, which shall'; and (E) by striking `contract file.' and inserting `contract file;'. |
Offices of Small and Disadvantaged
Business Utilization (sec. 1691) The House bill contained a provision (sec. 1691) that would clarify the roles of the offices of Small and Disadvantaged Business Utilization (SADBU) in federal agencies. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would clarify the experience necessary for directors of SADBU offices. |
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House Report 112-479 |
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SECTION 1691--OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION This section would amend subsection (k) of section 15 of the Small Business Act (15 U.S.C. 644) to ensure that an individual serving as the Director of an Office of Small and Disadvantaged Business Utilization (OSDBU) be a member of the Senior Executive Service, or in the case of an agency where the Chief Acquisition Officer and senior procurement executives are not members of the Senior Executive Service, the Director may be appointed to a position compensated at not less than the minimum rate of pay for grade GS-15 of the General Schedule. This section would also require that the head or deputy head of the agency conduct the performance appraisal for the Director of an OSDBU. Furthermore, this section amends subsection (k) by including additional requirements for the Director of an OSDBU and specifies minimum experience for an individual to be selected as a Director.
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