Sec. 103. Scorecard program for evaluating Federal agency compliance with small business contracting goals
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Not later than September 30, 2016, the Administrator of the Small Business Administration, in consultation with the Federal agencies, shall— develop a methodology for calculating a score to be used to evaluate the compliance of each Federal agency with meeting the goals established pursuant to section 15(g)(1)(B) of the Small Business Act ( 15 U.S.C. 644(g)(1)(B) ); and develop a scorecard based on such methodology. In developing the methodology for calculating a score described in paragraph (1)(A), the Administrator shall consider each annual goal established by each Federal agency pursuant to section 15(g)(1)(B) of the Small Business Act ( 15 U.S.C. 644(g)(1)(B) ).
Beginning in fiscal year 2017, the Administrator shall establish and carry out a program to use the scorecard developed under paragraph
(1)to evaluate whether each Federal agency is creating the maximum practicable opportunities for the award of prime contracts and subcontracts to 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, by assigning a score to each Federal agency. If the Administrator fails to establish and carry out this program before the end of fiscal year 2017, the Administrator may not exercise the authority under section 7(a)(25)(A) until such time as the program is implemented. The scorecard developed under paragraph
(1)shall include, for each Federal agency, the following information: A determination of whether the Federal agency met the each of the prime contract goals established pursuant to section 15(g)(1)(B) of the Small Business Act ( 15 U.S.C. 644(g)(1)(B) ) with respect to 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. A determination of whether the Federal agency met the each of the subcontract goals established pursuant to section 15(g)(1)(B) of the Small Business Act ( 15 U.S.C. 644(g)(1)(B) ) with respect to 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. The number of 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 awarded prime contracts in each North American Industrial Classification System code during the fiscal year and a comparison to the number awarded contracts during the prior fiscal year, if available. The number of 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 awarded subcontracts in each North American Industrial Classification System code during the fiscal year and a comparison to the number awarded contracts during the prior fiscal year, if available. Any other factors that the Administrator deems important to achieve the maximum practicable utilization of 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. In using the scorecard to evaluate and assign a score to a Federal agency, the Administrator shall base— Fifty percent of the score on the dollar value of prime contracts described in paragraph (4)(A); and Fifty percent of the score on the information provided in subparagraphs
(B)through
(E)of paragraph (4), weighted in a manner determined by the Administrator to encourage the maximum practicable opportunity for the award of prime contracts and subcontracts to 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. The scorecard used by the Administrator under this section shall be submitted to the President and Congress along with the report submitted under section 15(h)(2) of the Small Business Act ( 15 U.S.C. 644(h)(2) ). After the Administrator submits the scorecard for fiscal year 2018, but not later than March 31, 2019, the Administrator shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. Such report shall include the following: Any increase in the dollar amount of prime contracts and subcontracts awarded to 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. Any increase in the dollar amount of prime contracts and subcontracts awarded to 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 in each North American Industrial Classification System code. Any increase to the number of 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 receiving contracts in each North American Industrial Classification System code. The recommendation of the Administrator on continuing, modifying, expanding, or terminating the program established under this section. Not later than September 30, 2018, the Comptroller General of the United States shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report that— evaluates whether the methodology used to calculate a score under this section accurately and effectively— measures the compliance of each Federal agency with meeting the goals established pursuant to section 15(g)(1)(B) of the Small Business Act ( 15 U.S.C. 644(g)(1)(B) ); and encourages Federal agencies to expand opportunities for 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 to compete for and win Federal procurement contracts across North American Industrial Classification System Codes; and if warranted, makes recommendations on how to improve such methodology to improve its accuracy and effectiveness. In this subsection: The term Administrator means the Administrator of the Small Business Administration. The term Federal agency has the meaning given the term agency by section 551(1) of title 5, United States Code, but does not include the United States Postal Service or the Government Accountability Office. The term scorecard shall mean any summary using a rating system to evaluate a Federal agency’s efforts to meet goals established under section 15(g)(1)(B) of the Small Business Act ( 15 U.S.C. 644(g)(1)(B) ) that— includes the measures described in paragraph (4); and assigns a score to each Federal agency evaluated. The terms small business concern , small business concern owned and controlled by service-disabled veterans , qualified HUBZone small business concern , and small business concern owned and controlled by women shall have the meanings given such terms under section 3 of the Small Business Act ( 15 U.S.C. 632 ). The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given that term under section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ).
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Sec. 103
Scorecard program for evaluating Federal agency compliance with small business contracting goals
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