H.R. 3558 would allow incumbent contractors to be eligible to re-compete for Government contracts as small businesses.
Detailed Summary
Small Business Fair Competition Act - Allows an incumbent contractor to recompete for a proposed contract in the case of a government solicitation for bids or proposals for goods or services that are substantially the same as under a current contract, provided the contractor currently performing the contract represents in good faith that it is a small business.
Permits such representation to be made if the incumbent contractor: (1) meets the definition of a small business concern applicable to the solicitation and has not been determined by the Small Business Administration (SBA) to be other than a small business; or (2) was a small business when the current contract was awarded, is no longer a small business at the time of the solicitation, and will revert to being a small business if not awarded the proposed contract.
Allows the government to qualify a contract being awarded to the incumbent contractor as a small business set-aside for the duration of the contract.
Requires the Federal Acquisition Regulation to be revised to implement this Act.
Status of the Legislation
Latest Major Action: 10/23/2009: Referred to House subcommittee. Status: Referred to the Subcommittee on Government Management, Organization, and Procurement.
Points in Favor
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Points Against
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Visitor Comments
majdave79
October 6, 2009, 3:55pm (report abuse)This legislation's stated purpose is "to allow incumbent contractors to be eligible to re-compete for Government contracts as small businesses, and for other purposes." This legislation's fundamental concept is directly contrary to the statutory requirements of the SBA small business programs. This bill is simply a terrible idea that panders to big businesses, creates added loopholes in contracting, and provides additional opportunities for fraud and abuse of the system. Last month, the SBA revealed that, with the exception of GSA, no federal agency had met any of its 2008 minority or small business goals. And guess what? With this type of legislation, the agencies never will. If you are looking for bad ideas coming out of Congress, look no further.