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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. 1682. REQUIREMENT THAT FRAUDULENT BUSINESSES BE SUSPENDED OR DEBARRED.

(a) In General- Section 16(d)(2)(C) of the Small Business Act (15 U.S.C. 645(d)(2)(C)) is amended by striking `on the basis that such misrepresentation indicates a lack of business integrity that seriously and directly affects the present responsibility to perform any contract awarded by the Federal Government or a subcontract under such a contract'.

(b) Development and Promulgation of Guidance- Not later than 270 days after the date of enactment of this part, the Administrator of the Small Business Administration shall develop and promulgate guidance implementing this section.

(c) Publication of Procedures Regarding Suspension and Debarment- Not later than 270 days after the date of enactment of this part, the Administrator shall publish and maintain on the Administration's Web site the current standard operating procedures of the Administration for suspension and debarment, and the name and contact information for the individual designated by the Administrator as the senior individual responsible for suspension and debarment proceedings.

 
Requirement that fraudulent businesses be suspended or debarred (sec. 1682)

The House bill contained a provision (sec. 1683) that would clarify standards for the suspension or disbarment of entities that misrepresent themselves as small businesses.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment clarifying that the publication requirement in subsection (d) of the provision applies only to the suspension and debarment procedures of the Small Business Administration.

House Report 112-479

SECTION 1683--REQUIREMENT FRAUDULENT BUSINESSES BE SUSPENDED OR DEBARRED

This section would amend subsection (d) of section 15 of the Small Business Act (15 U.S.C. 644) by clarifying that misrepresentation as a small business concern is an independent basis for suspension or debarment of a contractor. This section would also require a revision to the Federal Acquisition Regulation and would require the Administrator of the Small Business Administration to develop and promulgate guidance implementing this section, and to publish standard operating procedures for suspension and debarment on its website.

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