S. 259 — Introduced in Senate

II 113th CONGRESS 1st Session S. 259 IN THE SENATE OF THE UNITED STATES February 7, 2013 Mr. Udall of New Mexico introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To assure equity in contracting between the Federal Government and small business concerns, and for other purposes. 1. Short title This Act may be cited as the Assuring Contracting Equity Act of 2013. 2. Federal contracting goals (a) Increase in certain goals Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended— (1) in the second sentence, by striking not less than 23 percent and inserting not less than 25 percent; (2) by striking not less than 5 percent each place that term appears and inserting not less than 10 percent; and (3) by striking not less than 3 percent each place that term appears and inserting not less than 6 percent. (b) Limitation on number of categories for which a business may qualify Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following: (3) (A) In this paragraph, the term specified category means small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. (B) Except as provided subparagraph (C), a Federal agency may include a business concern in not more than 2 specified categories for purposes of determining whether the Federal agency has met the Government-wide goals under this subsection for the award of contracts to business concerns in specified categories. (C) A Federal agency may not include a small business concern that is participating in the program under section 8(a) in any specified category except the category small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of determining whether the Federal agency has met the Government-wide goals under this subsection for the award of contracts to business concerns in specified categories. . 3. Improving transparency to assist small business concerns Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by inserting after the second sentence the following: For purposes of this subsection, in addition to the existing reporting requirements, the Administrator shall include the percentage of small business concern participation for the total value of all prime contract awards for a fiscal year, including the value of each prime contract awarded for the fiscal year, without regard to whether the prime contract was awarded as the result of unrestricted competition or any determination by the Administrator with respect to the potential for a small business concern to perform the prime contract or a subcontract under the prime contract.. 4. Compliance with small business subcontracting goals The Administrator of the Small Business Administration shall consult with the heads of other Federal agencies to develop and implement standards for procurement officers to take into consideration the past compliance of potential contractors with small business subcontracting goals when making contract awards.