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LEGISLATIVE PROVISIONS NOT ADOPTED

From House Conference Report 107-333

Consolidation of defense contracts

The Senate bill contained a provision (sec. 822) that would prohibit the consolidation of contract requirements in excess of $5.0 million absent a written determination that the benefits of the acquisition strategy, including the consolidated contract requirements, substantially exceed the benefits of alternative contracting approaches that would involve a lesser degree of consolidation.

The House amendment contained a provision (sec. 807) that would require the Secretary of Defense to track consolidations of contract requirements.

The conference report does not include either provision.

The conferees note that Section 15(p) of the Small Business Act (15 U.S.C. Section 644(p)) requires the Small Business Administration (SBA) to maintain certain data and provide certain reports regarding bundled contracts. This provision also states that the head of a contracting agency shall assist the SBA by providing `procurement information collected through existing agency data collection sources.'

There is no requirement in Section 15(p) for the Secretary of Defense to modify existing data collection systems. The conferees direct the Secretary of Defense, when complying with this provision, to ensure that the Department of Defense does not modify existing data collection systems, create new data collection systems, or collect information not available in existing data collection systems to collect data on the consolidation or bundling of contract requirements.

HUBzone small business concerns

The Senate bill contained a provision (sec. 824) that would modify requirements relating to HUBZone small business concerns.

The House amendment contained no similar provision.

The Senate recedes.

Small business procurement competition

The Senate bill contained a provision (sec. 1068) that would address teaming arrangements among small businesses.

The House amendment contained no similar provision.

The Senate recedes.