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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle F—Industrial Base Matters

P. L. 114-

House Conference Report. 114-270

(a) Business Opportunity Specialist requirements.—

(1) IN GENERAL.—Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following new subsection:

“(g) Certification requirements for Business Opportunity Specialists.—

“(1) IN GENERAL.—Consistent with the requirements of paragraph (2), a Business Opportunity Specialist described under section 7(j)(10)(D) shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist who was serving on or before January 3, 2013, may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on such date without such a certification.

“(2) DELAY OF CERTIFICATION REQUIREMENT.—

“(A) TIMING.—The certification described in paragraph (1) is not required for any person serving as a Business Opportunity Specialist until the date that is one calendar year after the date such person is appointed as a Business Opportunity Specialist.

“(B) APPLICATION.—The requirements of subparagraph (A) shall—

“(i) be included in any initial job posting for the position of a Business Opportunity Specialist; and

“(ii) apply to any person appointed as a Business Opportunity Specialist after January 3, 2013.”.

(2) CONFORMING AMENDMENT.—Section 7(j)(10)(D)(i) of such Act (15 U.S.C. 636(j)(10)(D)(i)) is amended by striking the second sentence.

(b) Commercial market representative requirements.—Section 4 of the Small Business Act (15 U.S.C. 633), as amended by subsection (a)(1), is further amended by adding at the end the following new subsection:

“(h) Certification requirements for commercial market representatives.—

“(1) IN GENERAL.—Consistent with the requirements of paragraph (2), a commercial market representative referred to in section 15(q)(3) shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a commercial market representative who was serving on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 may continue to serve as a commercial market representative for a period of 5 years beginning on such date without such a certification.

“(2) DELAY OF CERTIFICATION REQUIREMENT.—

“(A) TIMING.—The certification described in paragraph (1) is not required for any person serving as a commercial market representative until the date that is one calendar year after the date such person is appointed as a commercial market representative.

“(B) APPLICATION.—The requirements of subparagraph (A) shall—

“(i) be included in any initial job posting for the position of a commercial market representative; and

“(ii) apply to any person appointed as a commercial market representative after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016.”.

(c) Procurement center representative requirements.—Section 15(l)(5) of the Small Business Act (15 U.S.C. 644(l)(5)) is amended—

(1) in subparagraph (A), by amending clause (iii) to read as follows:

“(iii) have the certification described in subparagraph (C).”; and

(2) by adding at the end the following new subparagraph:

“(C) CERTIFICATION REQUIREMENTS.—

“(i) IN GENERAL.—Consistent with the requirements of clause (ii), a procurement center representative shall 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 or before January 3, 2013, may continue to serve in that position for a period of 5 years without the required certification.

“(ii) DELAY OF CERTIFICATION REQUIREMENTS.—

“(I) TIMING.—The certification described in clause (i) is not required for any person serving as a procurement center representative until the date that is one calendar year after the date such person is appointed as a procurement center representative.

“(II) APPLICATION.—The requirements of subclause (I) shall—

“(aa) be included in any initial job posting for the position of a procurement center representative; and

“(bb) apply to any person appointed as a procurement center representative after January 3, 2013.”.

The House bill contained a provision (sec. 840) that would amend section 15 and section 4 of the Small Business Act (15 U.S.C. 644 and 633, respectively) to set certification requirements for commercial market representatives and to modify the current certification requirements for procurement center representatives and Business Opportunity Specialists.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

House Report 114-102 to accompany H. R. 1735 as it was reported out of the House Armed Services Committee.

Section 840--Certification Requirements for Procurement Center Representatives, Business Opportunity Specialists, and Commercial Market Representatives

This section would amend section 15 and section 4 of the Small Business Act (15 U.S.C. 644 and 633, respectively) to set certification requirements for Commercial Market Representatives and to modify the current certification requirements for Procurement Center Representatives and Business Opportunity Specialists.