,,ib ,union ,calendar ,no4 #ede #aadth ,,congress #b;d ,session ,h4 ,r4 #dcda ,report ,no4 #aad-gjd1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,january #g1 #bjaf ,mr4 ,chabot 7for himself and ,ms4 ,velzquez7 introduced the following bill2 which was referred to the ,committee on ,small ,business1 and in addition to the ,committees on ,armed ,services1 ,oversight and ,government ,reform1 and ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,july #be1 #bjaf ,reported from the ,committee on ,small ,business with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,july #be1 #bjaf,the ,committees on ,armed ,services1 ,oversight and ,government ,reform1 and ,veterans' ,affairs discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,january #g1 #bjaf ,a ,,bill ,to amend the ,small ,business ,act to improve transparency and clarity for small businesses1 to clarify the role of small business advocates1 to increase opportunities for competition in subcontracting1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,defending ,america's ,small ,contractors ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,title ,i--,improving ,transparency and ,clarity for ,small ,businesses ,sec4 #aja4 ,plain language rewrite of requirements for small business procurements4 ,sec4 #ajb4 ,improving reporting on small business goals4 ,sec4 #ajc4 ,transparency in small business goals4 ,sec4 #ajd4 ,uniformity in procurement terminology4 ,title ,,ii--,clarifying the ,roles of ,small ,business ,advocates ,sec4 #bja4 ,scope of review by procurement center representatives4 ,sec4 #bjb4 ,responsibilities of ,commercial ,market ,representatives4 ,sec4 #bjc4 ,duties of the ,office of ,small and ,disadvantaged ,business ,utilization4 ,sec4 #bjd4 ,improving contractor compliance4 ,sec4 #bje4 ,responsibilities of ,business ,opportunity ,specialists4 ,title ,,iii--,strengthening ,opportunities for ,competition in ,subcontracting ,sec4 #cja4 ,good faith in subcontracting4 ,sec4 #cjb4 ,pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings4 ,title ,,iv--,mentor-,protege ,programs ,sec4 #dja4 ,amendments to the ,mentor-,protege ,program of the ,department of ,defense4 ,sec4 #djb4 ,improving cooperation between the mentor-protege programs of the ,small ,business ,administration and the ,department of ,defense4 ,title ,v--,miscellaneous ,sec4 #eja4 ,improving education on small business regulations4 ,sec4 #ejb4 ,protecting task order competition4 ,sec4 #ejc4 ,improvements to size standards for small agricultural producers4 ,sec4 #ejd4 ,uniformity in service-disabled veteran definitions4 ,sec4 #eje4 ,,gao review of the ,office of ,government ,contracting and ,business ,development of the ,small ,business ,administration4 ,sec4 #ejf4 ,required reports pertaining to capital planning and investment control4 ,sec4 #ejg4 ,,gao review of surety bonds4 ,i ,improving ,transparency and ,clarity for ,small ,businesses #aja4 ,plain language rewrite of requirements for small business procurements ,section #ae7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;a77 is amended to read as follows3 7a7 ,small business procurements 7#a7 ,in general ,for purposes of this ,act1 small business concerns shall receive any award or contract if such award or contract is1 in the determination of the ,administrator and the contracting agency1 in the interest of-- 7,a7 maintaining or mobilizing the full productive capacity of the ,united ,states2 7,b7 war or national defense programs2 or 7,c7 assuring that a fair proportion of the total purchase and contracts for goods and services of the ,government in each industry category 7as described under paragraph 7#b77 are awarded to small business concerns4 7#b7 ,industry category defined 7,a7 ,in general ,in this subsection1 the term industry category means a discrete group of similar goods and services1 as determined by the ,administrator in accordance with the ,north ,american ,industry ,classification ,system codes used to establish small business size standards1 except that the ,administrator shall limit an industry category to a greater extent than provided under the ,north ,american ,industry ,classification codes if the ,administrator receives evidence indicating that further segmentation of the industry category is warranted-- 7i7 due to special capital equipment needs2 7ii7 due to special labor requirements2 7iii7 due to special geographic requirements1 except as provided in subparagraph 7,b72 7iv7 due to unique ,federal buying patterns or requirements2 or 7v7 to recognize a new industry4 7,b7 ,exception for geographic requirements ,the ,administrator may not further segment an industry category based on geographic requirements unless-- 7i7 the ,government typically designates the geographic area where work for contracts for goods or services is to be performed2 7ii7 ,government purchases comprise the major portion of the entire domestic market for such goods or services2 and 7iii7 it is unreasonable to expect competition from business concerns located outside of the general geographic area due to the fixed location of facilities1 high mobilization costs1 or similar economic factors4 7#c7 ,determinations with respect to awards or contracts ,determinations made pursuant to paragraph 7#a7 may be made for individual awards or contracts1 any part of an award or contract or task order1 or for classes of awards or contracts or task orders4 7#d7 ,increasing prime contracting opportunities for small business concerns 7,a7 ,description of covered proposed procurements ,the requirements of this paragraph shall apply to a proposed procurement that includes in its statement of work goods or services currently being supplied or performed by a small business concern and1 as determined by the ,administrator-- 7i7 is in a quantity or of an estimated dollar value which makes the participation of a small business concern as a prime contractor unlikely2 7ii7 in the case of a proposed procurement for construction1 if such proposed procurement seeks to bundle or consolidate discrete construction projects2 or 7iii7 is a solicitation that involves an unnecessary or unjustified bundling of contract requirements4 7,b7 ,notice to procurement center representatives ,with respect to proposed procurements described in subparagraph 7,a71 at least #cj days before issuing a solicitation and concurrent with other processing steps required before issuing the solicitation1 the contracting agency shall provide a copy of the proposed procurement to the procurement center representative of the contracting agency 7as described in subsection 7l77 along with a statement explaining-- 7i7 why the proposed procurement cannot be divided into reasonably small lots 7not less than economic production runs7 to permit offers on quantities less than the total requirement2 7ii7 why delivery schedules cannot be established on a realistic basis that will encourage the participation of small business concerns in a manner consistent with the actual requirements of the ,government2 7iii7 why the proposed procurement cannot be offered to increase the likelihood of the participation of small business concerns2 7iv7 in the case of a proposed procurement for construction1 why the proposed procurement cannot be offered as separate discrete projects2 or 7v7 why the agency has determined that the bundling of contract requirements is necessary and justified4 7,c7 ,alternatives to increase prime contracting opportunities for small business concerns ,if the procurement center representative believes that the proposed procurement will make the participation of small business concerns as prime contractors unlikely1 the procurement center representative1 within #ae days after receiving the statement described in subparagraph 7,b71 shall recommend to the contracting agency alternative procurement methods for increasing prime contracting opportunities for small business concerns4 7,d7 ,failure to agree on an alternative procurement method ,if the procurement center representative and the contracting agency fail to agree on an alternative procurement method1 the ,administrator shall submit the matter to the head of the appropriate department or agency for a determination4 7#e7 ,contracts for sale of ,government property ,with respect to a contract for the sale of ,government property1 small business concerns shall receive any such contract if1 in the determination of the ,administrator and the disposal agency1 the award of such contract is in the interest of assuring that a fair proportion of the total sales of ,government property be made to small business concerns4 7#f7 ,sale of electrical power or other propery ,nothing in this subsection shall be construed to change any preferences or priorities established by law with respect to the sale of electrical power or other property by the ,federal ,government4 7#g7 ,costs exceeding fair market price ,a contract may not be awarded under this subsection if the cost of the contract to the awarding agency exceeds a fair market price4 4 #ajb4 ,improving reporting on small business goals ,section #ae7;h77#b77;,e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;h77#b77;,e77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,,iii71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,v7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns for purposes of the initial contract2 and 7,,vi7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#b7 in clause 7ii7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract2 and 7,,vii7 that were awarded using a procurement method that restricted competition to qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#c7 in clause 7iii7-- 7,a7 in subclause 7,v71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,,vii7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be qualified ,h,u,b,zone small business concerns for purposes of the initial contract2 and 7,,viii7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#d7 in clause 7iv7-- 7,a7 in subclause 7,v71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,,vii7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of the initial contract2 and 7,,viii7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#e7 in clause 7v7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 7,b7 in subclause 7,v71 by inserting and at the end2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned by an ,indian tribe other than an ,alaska ,native ,corporation for purposes of the initial contract2 2 7#f7 in clause 7vi7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 and 7,b7 by adding at the end the following new subclause3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned by a ,native ,hawaiian ,organization for purposes of the initial contract2 2 7#g7 in clause 7vii7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 and 7,b7 by adding at the end the following new subclause3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned by an ,alaska ,native ,corporation for purposes of the initial contract2 and 2 and 7#h7 in clause 7viii7-- 7,a7 in subclause 7,,vii71 by striking and at the end2 7,b7 in subclause 7,,viii71 by striking and at the end2 and 7,c7 by adding at the end the following new subclauses3 7,,ix7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial contract2 and 7,x7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 or a subset of any such concerns2 and 4 #ajc4 ,transparency in small business goals ,section #ae7;g7 of the ,small ,business ,act is amended by adding at the end the following new paragraph3 7#d7 ,determinations of the total value of contract awards ,for purposes of the goals established under paragraphs 7#a7 and 7#b71 the total value of contract awards for a fiscal year may not be determined in a manner that excludes the value of a contract based on-- 7,a7 where the contract is awarded2 7,b7 where the contract is performed2 7,c7 whether the contract is mandated by ,federal law to be performed by an entity other than a small business concern2 7,d7 whether funding for the contract is made available in an appropriations ,act1 if the contract is subject to the requirements of chapter #cc of title #da1 ,united ,states ,code1 or chapter #acg of title #aj1 ,united ,states ,code1 and the ,federal ,acquisition ,regulation2 or 7,e7 whether the contract is otherwise subject to the ,federal ,acquisition ,regulation4 4 #ajd4 ,uniformity in procurement terminology 7a7 ,in general ,section #ae7;j77#a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;j77#a77 is amended by striking greater than #b1ejj but not greater than #ajj1jjj and inserting greater than the micro-purchase threshold1 but not greater than the simplified acquisition threshold4 7b7 ,technical amendment ,section #c7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7m77 is amended to read as follows3 7m7 ,definitions pertaining to contracting ,in this ,act3 7#a7 ,prime contract ,the term prime contract has the meaning given such term in section #hgja7d7 of title #da1 ,united ,states ,code4 7#b7 ,prime contractor ,the term prime contractor has the meaning given such term in section #hgja7e7 of title #da1 ,united ,states ,code4 7#c7 ,simplified acquisition threshold ,the term simplified acquisition threshold has the meaning given such term in section #acd of title #da1 ,united ,states ,code4 7#d7 ,micro-purchase threshold ,the term micro-purchase threshold has the meaning given such term in section #aijb7;a7 of title #da1 ,united ,states ,code4 7#e7 ,total purchase and contracts for property and services ,the term total purchases and contracts for property and services shall mean total number and total dollar amount of contracts and orders for property and services4 4 ,,ii ,clarifying the ,roles of ,small ,business ,advocates #bja4 ,scope of review by procurement center representatives ,section #ae7l7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7l77 is amended by adding at the end the following3 7#i7 ,scope of ,review ,the ,administrator shall not limit the scope of review by the ,procurement ,center ,representative for any solicitation of a contract or task order without regard to whether the contract or task order or part of the contract or task order is set aside for small business concerns1 whether #a or more contract or task order awards are reserved for small business concerns under a multiple award contract1 or whether or not the solicitation would result in a bundled or consolidated contract 7as defined in subsection 7s77 or a bundled or consolidated task order4 4 #bjb4 ,responsibilities of ,commercial ,market ,representatives ,section #d7;h7 of the ,small ,business ,act 7as added by section #hfe of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib77 is amended-- 7#a7 in the subsection heading1 by striking ,certification requirements for2 7#b7 in paragraph 7#b71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively 7and conforming the margins accordingly72 7#c7 by amending clause 7ii7 7as so redesignated7 to read as follows3 7ii7 ,application ,the requirements of clause 7i7 shall be included in any initial job posting for the position of a commercial market representative and shall apply to any person appointed as a commercial market representative after ,november #be1 #bjae4 2 7#d7 in clause 7i7 7as so redesignated71 by striking paragraph 7#a7 and inserting subparagraph 7,a72 7#e7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively 7and conforming the margins accordingly72 7#f7 in subparagraph 7,a7 7as so redesignated71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#g7 by inserting before subparagraph 7,a7 7as so redesignated7 the following3 7#a7 ,duties ,the principal duties of a ,commercial ,market ,representative employed by the ,administrator and reporting to the senior official appointed by the ,administrator with responsibilities under sections #h1 #ae1 #ca1 and #cf 7or the designee of such official7 shall be to advance the policies established in section #h7;d77#a7 relating to subcontracting4 ,such duties shall include-- 7,a7 helping prime contractors to find small business concerns that are capable of performing subcontracts2 7,b7 for contractors awarded contracts containing the clause described in section #h7;d77#c71 providing-- 7i7 counseling on the contractor's responsibility to maximize subcontracting opportunities for small business concerns2 7ii7 instruction on methods and tools to identify potential subcontractors that are small business concerns2 and 7iii7 assistance to increase awards to subcontractors that are small business concerns through visits1 training1 and reviews of past performance2 7,c7 providing counseling on how a small business concern may promote its capacity to contractors awarded contracts containing the clause described in section #h7;d77#c72 and 7,d7 conducting periodic reviews of contractors awarded contracts containing the clause described in section #h7;d77#c7 to assess compliance with subcontracting plans required under section #h7;d77#f74 7#b7 ,certification requirements 4 #bjc4 ,duties of the ,office of ,small and ,disadvantaged ,business ,utilization ,section #ae7k7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7k771 as amended by section #hgj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib71 is amended-- 7#a7 by striking section #h1 #ae or #dd and inserting section #h1 #ae1 #ca1 #cf1 or #dd2 7#b7 by striking sections #h and #ae each place such term appears and inserting sections #h1 #ae1 #ca1 #cf1 and #dd2 7#c7 in paragraph 7#aj71 by striking section #h7;a7 and inserting section #h1 #ae1 #ca1 or #cf2 7#d7 by redesignating paragraphs 7#ae71 7#af71 and 7#ag7 as paragraphs 7#af71 7#ag71 and 7#ah71 respectively2 7#e7 by inserting after paragraph 7#ad7 the following new paragraph3 7#ae7 shall review purchases made by the agency greater than the micro-purchase threshold1 and less than the simplified acquisition threshold to ensure that the purchases have been made in compliance with the provisions of this ,act and have been properly recorded in the ,federal ,procurement ,data ,system1 if the method of payment is a purchase card issued by the ,department of ,defense pursuant to section #bghd of title #aj1 ,united ,states ,code1 or by the head of an executive agency pursuant to section #aiji of title #da1 ,united ,states ,code2 2 and 7#f7 in paragraph 7#ag7 7as so redesignated7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 any failure of the agency to comply with section #h1 #ae1 #ca1 or #cf4 4 #bjd4 ,improving contractor compliance 7a7 ,requirements for the ,office of ,small and ,disadvantaged ,business ,utilization ,section #ae7k7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7k77#h771 as amended by section #bjc1 is further amended-- 7#a7 by redesignating paragraphs 7#af71 7#ag71 and 7#ah7 as paragraphs 7#ag71 7#ah71 and 7#ai71 respectively2 and 7#b7 by inserting after paragraph 7#ae7 the following new paragraph3 7#af7 shall provide assistance to a small business concern awarded a contract or subcontract under this ,act or under title #aj or title #da1 ,united ,states ,code1 in finding resources for education and training on compliance with contracting regulations 7including the ,federal ,acquisition ,regulation7 after award of such a contract or subcontract4 4 7b7 ,requirements under the ,mentor-,protege ,program of the ,department of ,defense ,section #hca7;e77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia 7,public ,law #aja-eaj2 #ajd ,stat4 #afjg2 #aj ,u4,s4,c4 #bcjb note7 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting at the end the following new subparagraph3 7,d7 the assistance the mentor firm will provide to the protege firm in understanding contract regulations of the ,federal ,government and the ,department of ,defense 7including the ,federal ,acquisition ,regulation and the ,defense ,federal ,acquisition ,regulation ,supplement7 after award of a subcontract under this section1 if applicable4 4 7c7 ,resources for small business concerns ,section #ae of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7 is amended by adding at the end the following new subsection3 7t7 ,post-,award compliance resources ,the ,administrator shall provide to small business development centers and entities participating in the ,procurement ,technical ,assistance ,cooperative ,agreement ,program under chapter #adb of title #aj1 ,united ,states ,code1 and shall make available on the website of the ,administration1 a list of resources for small business concerns seeking education and assistance on compliance with contracting regulations 7including the ,federal ,acquisition ,regulation7 after award of a contract or subcontract4 4 7d7 ,requirements for procurement center representatives ,section #ae7l77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7l77#b77 is amended-- 7#a7 by redesignating subparagraph 7,i7 as subparagraph 7,j72 7#b7 in subparagraph 7,h71 by striking and at the end2 and 7#c7 by inserting after subparagraph 7,h7 the following new subparagraph3 7,i7 assist small business concerns with finding resources for education and training on compliance with contracting regulations 7including the ,federal ,acquisition ,regulation7 after award of a contract or subcontract2 and 4 7e7 ,requirements under the mentor-,protege program of the ,small ,business ,administration ,section #de7;b77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fegr7b77#c77 is amended by adding at the end the following new subparagraph3 7,k7 ,the extent to which assistance with compliance with the requirements of contracting with the ,federal ,government after award of a contract or subcontract under this section4 4 #bje4 ,responsibilities of ,business ,opportunity ,specialists ,section #d7;g7 of the ,small ,business ,act 7as added by section #hfe of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib77 is amended-- 7#a7 in the subsection heading1 by striking ,certification requirements for2 7#b7 in paragraph 7#b71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively 7and conforming the margins accordingly72 7#c7 by amending clause 7ii7 7as so redesignated7 to read as follows3 7ii7 ,application ,the requirements of clause 7i7 shall be included in any initial job posting for the position of a ,business ,opportunity ,specialist and shall apply to any person appointed as a ,business ,opportunity ,specialist after ,january #c1 #bjac4 2 7#d7 in clause 7i7 7as so redesignated71 by striking paragraph 7#a7 and inserting subparagraph 7,a7 7#e7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively 7and conforming the margins accordingly72 7#f7 in subparagraph 7,a7 7as so redesignated71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#g7 by inserting before subparagraph 7,a7 7as so redesignated7 the following3 7#a7 ,duties ,the exclusive duties of a ,business ,opportunity ,specialist employed by the ,administrator and reporting to the senior official appointed by the ,administrator with responsibilities under sections #h1 #ae1 #ca1 and #cf 7or the designee of such official7 shall be to implement sections #g1 #h1 and #de and to complete other duties related to contracting programs under this ,act4 ,such duties shall include-- 7,a7 with respect to small business concerns eligible to receive contracts and subcontracts pursuant to section #h7;a7-- 7i7 providing guidance1 counseling1 and referrals for assistance with technical1 management1 financial1 or other matters that will improve the competitive viability of such concerns2 7ii7 identifying causes of success or failure of such concerns2 7iii7 providing comprehensive assessments of such concerns1 including identifying the strengths and weaknesses of such concerns2 7iv7 monitoring and documenting compliance with the requirements of sections #g and #h and any regulations implementing those sections2 7v7 explaining the requirements of sections #g1 #h1 #ae1 #ca1 #cf and #de2 and 7vi7 advising on compliance with contracting regulations 7including the ,federal ,acquisition ,regulation7 after award of such a contract or subcontract2 7,b7 reviewing and monitoring compliance with mentor-protege agreements under section #de2 7,c7 representing the interests of the ,administrator and small business concerns in the award1 modification1 and administration of contracts and subcontracts awarded pursuant to section #h7;a72 and 7,d7 reporting fraud or abuse under section #g1 #h1 #ae1 #ca1 #cf or #de or any regulations implementing such sections4 7#b7 ,certification requirements 4 ,,iii ,strengthening ,opportunities for ,competition in ,subcontracting #cja4 ,good faith in subcontracting 7a7 ,transparency in subcontracting goals ,section #h7;d77#i7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#i77 is amended-- 7#a7 by striking 7#i7 ,the failure and inserting the following3 7#i7 ,material breach ,the failure 2 7#b7 in subparagraph 7,a71 by striking or at the end2 7#c7 in subparagraph 7,b71 by inserting or at the end2 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 assurances provided under paragraph 7#f77;,e71 4 7b7 ,authority of the ,administrator of the ,small ,business ,administration ,section #h7;d77#aa7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#aa77 is amended-- 7#a7 by striking 7#aa7 ,in the case of and inserting the following3 7#aa7 ,authority of ,administrator ,in the case of 2 and 7#b7 in subparagraph 7,b71 by striking 1 which shall be advisory in nature14 7c7 ,review and acceptance of subcontracting plans ,section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 is amended by adding at the end the following3 7#ag7 ,review and acceptance of subcontracting plans 7,a7 ,definition ,in this paragraph1 the term covered small business concerns means-- 7i7 small business concerns2 7ii7 qualified ,h,u,b,zone small business concerns2 7iii7 small business concerns owned and controlled by veterans2 7iv7 small business concerns owned and controlled by service-disabled veterans2 7v7 small business concerns owned and controlled by socially and economically disadvantaged individuals1 as defined in paragraph 7#c77;,c72 and 7vi7 small business concerns owned and controlled by women4 7,b7 ,delayed acceptance of plan ,except as provided in subparagraph 7,e71 if a procurement center representative or commercial market representative determines that a subcontracting plan required under paragraph 7#d7 or 7#e7 fails to provide the maximum practicable opportunity for covered small business concerns to participate in the performance of the contract to which the plan applies1 the representative may delay acceptance of the plan in accordance with subparagraph 7,c74 7,c7 ,process for delayed acceptance 7i7 ,in general ,except as provided in clause 7ii71 a procurement center representative or commercial market representative who makes a determination under subparagraph 7,b7 with respect to a subcontracting plan may delay acceptance of the plan for a #cj-;day period by providing written notice of the determination to the head of the procuring activity of the contracting agency that includes recommendations for altering the plan to provide the maximum practicable opportunity described in that subparagraph4 7ii7 ,exception ,in the case of the ,department of ,defense-- 7,i7 a procurement center representative or commercial market representative who makes a determination under subparagraph 7,b7 with respect to a subcontracting plan may delay acceptance of the plan for a #ae-;day period by providing written notice of the determination to appropriate personnel of the ,department of ,defense that includes recommendations for altering the plan to provide the maximum practicable opportunity described in that subparagraph2 and 7,,ii7 the authority of a procurement center representative or commercial market representative to delay acceptance of a subcontracting plan as provided in subparagraph 7,b7 does not include the authority to delay the award or performance of the contract concerned4 7,d7 ,disagreements ,if a procurement center representative or commercial market representative delays the acceptance of a subcontracting plan under subparagraph 7,c7 and does not reach agreement with the head of the procuring activity of the contracting agency to alter the plan to provide the maximum practicable opportunity described in subparagraph 7,b7 not later than #cj days after the date on which written notice was provided1 the disagreement shall be submitted to the head of the contracting agency by the ,administrator for a final determination4 7,e7 ,exception ,a procurement center representative or commercial market representative may not delay the acceptance of a subcontracting plan if the head of the contracting agency certifies that the need of the agency for the supplies or services is of such an unusual and compelling urgency that the ,united ,states would be seriously injured unless the agency is permitted to accept the subcontracting plan4 4 7d7 ,good faith compliance ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall issue regulations providing examples of activities that would be considered a failure to make a good faith effort to comply with the requirements imposed on an entity 7other than a small business concern as defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb77 that is awarded a prime contract containing the clauses required under paragraph 7#d7 or 7#e7 of section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d774 #cjb4 ,pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings ,section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d771 as amended by section #cja1 is further amended by adding at the end the following new paragraph3 7#ah7 ,pilot program providing past performance ratings for other small business subcontractors 7,a7 ,establishment ,the ,administrator shall establish a pilot program for a small business concern performing as a first tier subcontractor for a covered contract 7as defined in paragraph #ac7;,a77 to request a past performance rating in the system used by the ,federal ,government to monitor or record contractor past performance4 7,b7 ,application ,a small business concern described in subparagraph 7,a7 shall submit an application to the appropriate official for a past performance rating4 ,such application shall include written evidence of the past performance factors for which the small business concern seeks a rating and a suggested rating4 7,c7 ,determination ,the appropriate official shall submit the application from the small business concern to the contracting officer 7or a designee of such officer7 for the covered contract and to the prime contractor for review4 ,the contracting officer 7or designee7 and the prime contractor shall1 not later than #cj days after receipt of the application1 submit to the appropriate official a response regarding the application4 7i7 ,agreement on rating ,if the contracting officer 7or designee7 and the prime contractor agree on a past performance rating1 or if either the contracting officer 7or designee7 or the prime contractor fail to respond and the responding individual agrees with the rating of the applicant small business concern1 the appropriate official shall enter the agreed-upon past performance rating in the system described in subparagraph 7,a74 7ii7 ,disagreement on rating ,if the contracting officer 7or designee7 and the prime contractor fail to respond within #cj days or if they disagree about the rating1 or if either the contracting officer 7or designee7 or the prime contractor fail to respond and the responding individual disagrees with the rating of the applicant small business concern1 the contracting officer 7or designee7 or the prime contractor shall submit a notice contesting the application to appropriate official4 ,the appropriate official shall follow the requirements of subparagraph 7,d74 7,d7 ,procedure for rating ,not later than #ad calendar days after receipt of a notice under subparagraph 7,c77ii71 the appropriate official shall submit such notice to the applicant small business concern4 ,such concern may submit comments1 rebuttals1 or additional information relating to the past performance of such concern not later #ad calendar days after receipt of such notice4 ,the appropriate official shall enter the into the system described in subparagraph 7,a7 a rating that is neither favorable nor unfavorable along with the initial application from the small business concern1 the responses of the contracting officer 7or designee7 and the prime contractor1 and any additional information provided by the small business concern4 7,e7 ,use of information ,a small business subcontractor may use a past performance rating given under this paragraph to establish its past performance for a prime contract4 7,f7 ,duration ,the pilot program established under this paragraph shall terminate #c years after the date on which the first small business concern receives a past performance rating for performance as a first tier subcontractor4 7,g7 ,report ,the ,comptroller ,general of the ,united ,states shall begin an assessment of the pilot program #a year after the establishment of such program4 ,not later than #f months after beginning such assessment1 the ,comptroller ,general shall submit a report to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives1 which shall include-- 7i7 the number of small business concerns that have received past performance ratings under the pilot program2 7ii7 the number of applications in which the contracting officer 7or designee7 or the prime contractor contested the application of the small business concern2 7iii7 any suggestions or recommendations the ,comptroller ,general or the small business concerns participating in the program have to address disputes between the small business concern1 the contracting officer 7or designee71 and the prime contractor on past performance ratings2 and 7iv7 any suggestions or recommendation the ,comptroller ,general has to improve the operation of the pilot program4 7,h7 ,appropriate official defined ,in this paragraph1 the term appropriate official means a ,commercial ,market ,representative or other individual designated by the senior official appointed by the ,administrator with responsibilities under sections #h1 #ae1 #ca1 and #cf4 4 ,,iv ,mentor-,protege ,programs #dja4 ,amendments to the ,mentor-,protege ,program of the ,department of ,defense ,section #hca of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia 7,public ,law #aja-eaj2 #ajd ,stat4 #afjg2 #aj ,u4,s4,c4 #bcjb note7 is amended-- 7#a7 in subsection 7d7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 prior to the approval of that agreement1 the ,administrator of the ,small ,business ,administration had made no finding of affiliation between the mentor firm and the protege firm2 2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 7,a7 the ,administrator of the ,small ,business ,administration does not have a current finding of affiliation between the mentor firm and protege firm2 or 7,b7 the ,secretary1 after considering the regulations promulgated by the ,administrator of the ,small ,business ,administration regarding affiliation-- 7i7 does not have reason to believe that the mentor firm affiliated with the protege firm2 or 7ii7 has received a formal determination of no affiliation between the mentor firm and protege firm from the ,administrator after having submitted a question of affiliation to the ,administrator2 and 2 7#b7 in subsection 7n71 by amending paragraph 7#i7 to read as follows3 7#i7 ,the term affiliation1 with respect to a relationship between a mentor firm and a protege firm1 means a relationship described under section #aba4ajc of title #ac1 ,code of ,federal ,regulations 7or any successor regulation74 2 and 7#c7 in subsection 7f77#f7-- 7,a7 in subparagraph 7,b71 by striking or at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,d7 women's business centers described in section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef74 4 #djb4 ,improving cooperation between the mentor-protege programs of the ,small ,business ,administration and the ,department of ,defense ,section #de7;b77#d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fegr7b77#d77 is amended by striking subparagraph 7,a7 and redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,a7 and 7,b71 respectively4 ,v ,miscellaneous #eja4 ,improving education on small business regulations ,section #ae of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd71 as amended by section #bjd7;c71 is further amended by adding at the end the following new subsection3 7u7 ,regulatory changes and training materials ,not less than annually1 the ,administrator shall provide to the ,defense ,acquisition ,university 7established under section #agdf of title #aj1 ,united ,states ,code71 the ,federal ,acquisition ,institute 7established under section #abja of title #da1 ,united ,states ,code71 the individual responsible for mandatory training and education of the acquisition workforce of each agency 7described under section #agjc7;f77#a77;,c7 of title #da1 ,united ,states ,code71 small business development centers1 and entities participating in the ,procurement ,technical ,assistance ,cooperative ,agreement ,program under chapter #adb of title #aj1 ,united ,states ,code-- 7#a7 a list of all changes made in the prior year to regulations promulgated-- 7,a7 by the ,administrator that affect ,federal acquisition2 and 7,b7 by the ,federal ,acquisition ,council that implement changes to this ,act2 and 7#b7 any materials the ,administrator has developed to explain1 train1 or assist ,federal agencies or departments or small business concerns to comply with the regulations specified in paragraph 7#a74 4 #ejb4 ,protecting task order competition ,section #dajf7;f7 of title #da1 ,united ,states ,code1 is amended by striking paragraph 7#c74 #ejc4 ,improvements to size standards for small agricultural producers 7a7 ,amendment to definition of agricultural enterprises ,paragraph 7#a7 of section #ah7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdg7;b77#a77 is amended by striking businesses and inserting small business concerns4 7b7 ,equal treatment of small farms ,paragraph 7#a7 of section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#a77 is amended by striking operation3 ,provided1 and all that follows through the period at the end and inserting operation44 7c7 ,updated size standards 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,administrator of the ,small ,business ,administration shall1 by rule1 establish size standards in accordance with section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 for agricultural enterprises 7as such term is defined in section #ah7;b77#a7 of such ,act74 7#b7 ,review ,size standards established under subsection 7a7 are subject to the rolling review procedures established under section #acdd7;a7 of the ,small ,business ,jobs ,act of #bjaj 7#ae ,u4,s4,c4 #fcb note74 #ejd4 ,uniformity in service-disabled veteran definitions 7a7 ,small business definition of small business concern consolidated ,section #c7q7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,small business concern owned and controlled by service-disabled veterans ,the term small business concern owned and controlled by service-disabled veterans means any of the following3 7,a7 ,a small business concern-- 7i7 not less than #ea percent of which is owned by one or more service-disabled veterans or1 in the case of any publicly owned business1 not less than #ea percent of the stock 7not including any stock owned by an ,,esop7 of which is owned by one or more service-disabled veterans2 and 7ii7 the management and daily business operations of which are controlled by one or more service-disabled veterans or1 in the case of a veteran with permanent and severe disability1 the spouse or permanent caregiver of such veteran4 7,b7 ,a small business concern-- 7i7 not less than #ea percent of which is owned by one or more service-disabled veterans with a disability that is rated by the ,secretary of ,veterans ,affairs as a permanent and total disability who are unable to manage the daily business operations of such concern2 or 7ii7 in the case of a publicly owned business1 not less than #ea percent of the stock 7not including any stock owned by an ,,esop7 of which is owned by one or more such veterans4 7,c7 7i7 ,during the time period described in clause 7ii71 a small business concern that was a small business concern described in subparagraph 7,a7 or 7,b7 immediately prior to the death of a service-disabled veteran who was the owner of the concern1 the death of whom causes the concern to be less than #ea percent owned by one or more service-disabled veterans1 if-- 7,i7 the surviving spouse of the deceased veteran acquires such veteran's ownership interest in such concern2 7,,ii7 such veteran had a service-connected disability 7as defined in section #aja7af7 of title #ch1 ,united ,states ,code7 rated as #ajj percent disabling under the laws administered by the ,secretary of ,veterans ,affairs or such veteran died as a result of a service-connected disability2 and 7,,iii7 immediately prior to the death of such veteran1 and during the period described in clause 7ii71 the small business concern is included in the database described in section #habg7;f7 of title #ch1 ,united ,states ,code4 7ii7 ,the time period described in this clause is the time period beginning on the date of the veteran's death and ending on the earlier of-- 7,i7 the date on which the surviving spouse remarries2 7,,ii7 the date on which the surviving spouse relinquishes an ownership interest in the small business concern2 or 7,,iii7 the date that is #aj years after the date of the death of the veteran4 2 and 7#b7 by adding at the end the following new paragraphs3 7#f7 ,,esop ,the term ,,esop has the meaning given the term employee stock ownership plan in section #dige7;e77#g7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #dige7;e77#g774 7#g7 ,surviving spouse ,the term surviving spouse has the meaning given such term in section #aja7c7 of title #ch1 ,united ,states ,code4 4 7b7 ,veterans affairs definition of small business concern consolidated 7#a7 ,in general ,section #habg of title #ch1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7h7 and redesignating subsections 7i7 through 7l7 as subsections 7h7 through 7k71 respectively2 and 7,b7 in subsection 7k71 as so redesignated-- 7i7 by amending paragraph 7#b7 to read as follows3 7#b7 ,the term small business concern owned and controlled by veterans has the meaning given that term under section #c7q77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77#c774 2 and 7ii7 by adding at the end the following new paragraph3 7#c7 ,the term small business concern owned and controlled by veterans with service-connected disabilities has the meaning given the term small business concern owned and controlled by service-disabled veterans under section #c7q77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77#b774 4 7#b7 ,conforming amendments ,such section is further amended-- 7,a7 in subsection 7b71 by inserting or a small business concern owned and controlled by veterans with service-connected disabilities after a small business concern owned and controlled by veterans2 7,b7 in subsection 7c71 by inserting or a small business concern owned and controlled by veterans with service-connected disabilities after a small business concern owned and controlled by veterans2 7,c7 in subsection 7d7 by inserting or small business concerns owned and controlled by veterans with service-connected disabilities after small business concerns owned and controlled by veterans both places it appears2 and 7,d7 in subsection 7f77#a71 by inserting 1 small business concerns owned and controlled by veterans with service-connected disabilities1 after small business concerns owned and controlled by veterans4 7c7 ,technical correction ,section #h7;d77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c771 is amended by adding at the end the following new subparagraph3 7,h7 ,in this contract1 the term small business concern owned and controlled by service-disabled veterans has the meaning given that term in section #c7q74 4 7d7 ,regulations relating to database of the ,secretary of ,veterans ,affairs 7#a7 ,requirement to use certain ,small ,business ,administration regulations ,section #habg7;f77#d7 of title #ch1 ,united ,states ,code1 is amended by striking verified and inserting verified1 using regulations issued by the ,administrator of the ,small ,business ,administration with respect to the status of the concern as a small business concern and the ownership and control of such concern14 7#b7 ,prohibition on ,secretary of ,veterans ,affairs issuing certain regulations ,section #habg7;f7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#g7 ,the ,secretary may not issue regulations related to the status of a concern as a small business concern and the ownership and control of such small business concern4 4 7e7 ,delayed effective date ,the amendments made by subsections 7a71 7b71 7c71 and 7d7 shall take effect on the date on which the ,administrator of the ,small ,business ,administration and the ,secretary of ,veterans ,affairs jointly issue regulations implementing such sections4 ,such date shall be not later than #ah months after the date of enactment of this ,act4 7f7 ,appeals of inclusion in database 7#a7 ,in general ,section #habg7;f7 of title #ch1 ,united ,states ,code1 as amended by section #ejd7;d77#b71 is further amended by adding at the end the following new paragraph3 7#h7 7,a7 ,if the ,secretary does not verify a concern for inclusion in the database under this subsection based on the status of the concern as a small business concern or the ownership or control of the concern1 the concern may appeal the denial of verification to the ,office of ,hearings and ,appeals of the ,small ,business ,administration 7as established under section #e7;i7 of the ,small ,business ,act74 ,the decision of the ,office of ,hearings and ,appeals shall be considered a final agency action4 7,b7 7i7 ,if an interested party challenges the inclusion in the database of a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans with service-connected disabilities based on the status of the concern as a small business concern or the ownership or control of the concern1 the challenge shall be heard by the ,office of ,hearings and ,appeals of the ,small ,business ,administration as described in subparagraph 7,a74 ,the decision of the ,office of ,hearings and ,appeals shall be considered final agency action4 7ii7 ,in this subparagraph1 the term interested party means-- 7,i7 the ,secretary2 and 7,,ii7 in the case of a small business concern that is awarded a contract1 the contracting officer of the ,department or another small business concern that submitted an offer for the contract that was awarded to the small business concern that submitted an offer under clause 7i74 7,c7 ,for each fiscal year1 the ,secretary shall reimburse the ,administrator of the ,small ,business ,administration in an amount necessary to cover any cost incurred by the ,office of ,hearings and ,appeals of the ,small ,business ,administration for actions taken by the ,office under this paragraph4 ,the ,administrator is authorized to accept such reimbursement4 ,the amount of any such reimbursement shall be determined jointly by the ,secretary and the ,administrator and shall be provided from fees collected by the ,secretary under multiple-award schedule contracts4 ,any disagreement about the amount shall be resolved by the ,director of the ,office of ,management and ,budget4 4 7#b7 ,effective date ,paragraph 7#h7 of subsection 7f7 of title #ch1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to a verification decision made by the ,secretary of ,veterans ,affairs on or after the date of the enactment of this ,act4 #eje4 ,,gao review of the ,office of ,government ,contracting and ,business ,development of the ,small ,business ,administration 7a7 ,study ,not later than #fj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall initiate a review of the ,office of ,government ,contracting and ,business ,development of the ,small ,business ,administration4 ,such review shall examine-- 7#a7 the extent to which the personnel of the ,small ,business ,administration who carry out procurement and business development programs report to the ,office of ,government ,contracting and ,business ,development2 7#b7 whether greater efficiency and consistency in the certification process of procurement and business development programs could be achieved by creating a single organizational unit of employees to process all certifications required by procurement and business development programs2 7#c7 whether greater efficiency and efficacy in the performance of procurement and business development programs could be achieved by improving the alignment of the field personnel assigned to such programs2 7#d7 how the ,office of ,government ,contracting and ,business ,development could improve its staffing of regulatory drafting functions and its coordination with the ,federal ,acquisition ,regulatory ,council to ensure timely rulemaking by the ,small ,business ,administration2 and 7#e7 any other areas in which the ,comptroller ,general determines that the ,small ,business ,administration could improve its performance with respect to procurement and business development programs4 7b7 ,report ,not later than #a year after initiating the review required by paragraph 7#a71 the ,comptroller ,general shall submit a report including the results of the review1 along with any recommendations for improvements or other suggestions with respect to procurement and business development programs1 to the ,committee on ,small ,business of the ,house of ,representatives and the ,committee on ,small ,business and ,entrepreneurship of the ,senate4 7c7 ,procurement and business development program defined ,in this ,act1 the term procurement and business development program means a program related to procurement or business development established under section #g1 #h1 #ae1 #ca1 #cf1 #dd1 #de1 or #df of the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq474 #ejf4 ,required reports pertaining to capital planning and investment control ,the information described in #aacjb7;c77#c77;,b77ii7 of title #dj1 ,united ,states ,code1 shall be submitted to the ,senate ,committee on ,small ,business and ,entrepreneurship and the ,committee on ,small ,business of the ,house of ,representatives within #aj days of transmittal to the ,director4 #ejg4 ,,gao review of surety bonds ,not later than #fj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall initiate a review of surety bonds as they apply to federal small business procurement contracts4 ,the review shall examine how frequently bonding requirements are waived by federal agencies1 an explanation of the standard and process for waiving the requirements1 an explanation of the review process for such waivers1 and in cases when bond requirements are waived1 how results compare to instances where requirements are not waived1 and the process that whistleblowers go through when instances of fraud related to surety bonds are reported4 ,july #be1 #bjaf,reported from the ,committee on ,small ,business with an amendment,july #be1 #bjaf ,the ,committees on ,armed ,services1 ,oversight and ,government ,reform1 and ,veterans' ,affairs discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed