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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) Notice requirement for the head of a contracting agency.—Section 15(e)(3) of the Small Business Act (15 U.S.C. 644(e)(3)) is amended to read as follows:

“(3) STRATEGY SPECIFICATIONS.—If the head of a contracting agency determines that an acquisition plan for a procurement involves a substantial bundling of contract requirements, the head of a contracting agency shall publish a notice on a public website that such determination has been made not later than 7 days after making such determination. Any solicitation for a procurement related to the acquisition plan may not be published earlier than 7 days after such notice is published. Along with the publication of the solicitation, the head of a contracting agency shall publish a justification for the determination, which shall include the following information:

“(A) The specific benefits anticipated to be derived from the bundling of contract requirements and a determination that such benefits justify the bundling.

“(B) An identification of any alternative contracting approaches that would involve a lesser degree of bundling of contract requirements.

“(C) An assessment of—

“(i) the specific impediments to participation by small business concerns as prime contractors that result from the bundling of contract requirements; and

“(ii) the specific actions designed to maximize participation of small business concerns as subcontractors (including suppliers) at various tiers under the contract or contracts that are awarded to meet the requirements.”.

(b) Notice requirement for the senior procurement executive or Chief Acquisition Officer.—Section 44(c)(2) of the Small Business Act (15 U.S.C. 657q(c)(2)) is amended by adding at the end the following:

“(C) NOTICE.—Not later than 7 days after making a determination that an acquisition strategy involving a consolidation of contract requirements is necessary and justified under subparagraph (A), the senior procurement executive or Chief Acquisition Officer shall publish a notice on a public website that such determination has been made. Any solicitation for a procurement related to the acquisition strategy may not be published earlier than 7 days after such notice is published. Along with the publication of the solicitation, the senior procurement executive or Chief Acquisition Officer shall publish a justification for the determination, which shall include the information in subparagraphs (A) through (E) of paragraph (1).”.

(c) Technical amendment.—Section 44(c)(1) of the Small Business Act (15 U.S.C. 657q(c)(1)) is amended by striking “Subject to paragraph (4), the head” and inserting “The head”.

The Senate amendment contained no similar provision.

The Senate recedes.

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

Section 833--Notice of Contract Consolidation for Acquisition Strategies

This section would amend section 44(c)(2) of the Small Business Act (15 U.S.C. 657q(c)(2)) to require the senior procurement executive or chief acquisition officer to announce through a public website that a determination has been made to bundle or consolidate contracts within 1 week of making the determination, but no later than 1 week prior to the issuance of a solicitation.

This section would also amend section 15(e)(3) of the Small Business Act (15 U.S.C. 644(e)(3)) to require the head of a contracting agency to announce through a public website that a determination has been made regarding a substantial bundling of contracts for a proposed procurement plan no later than 1 week after such a determination is made, and at least 1 week prior to the publication of any solicitation.