Sec. 18. Contracting and entrepreneurial development assistance
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/bill/116/hr/6312/ih/section-18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to provide— flexibility to small business Federal suppliers and to the Federal Government to more quickly award contracting dollars to small business concerns in times of economic uncertainty and downturn related to COVID–19; and additional funds to resource partners of the Administration, such as small business development centers, women’s business centers, and SCORE to conduct outreach to small business concerns affected by COVID–19, including by increasing their virtual outreach capacity.
In this section— the term contracting officer has the meaning given the term in section 36(e) of the Small Business Act ( 15 U.S.C. 657f(e) ); the term covered entity means a small business concern that— is a party to a contract with a Federal agency; and experiences an adverse impact to the operations of the small business concern as a result of COVID–19; the term economically disadvantaged women-owned small business has the meaning given the term in section 127.102 of title 13, Code of Federal Regulations, or any successor regulation; the term HUBZone small business concern has the meaning given the term in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); the term SCORE means the Service Corps of Retired Executives program established under section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ); the term small business concern owned and controlled by service-disabled veterans has the meaning given the term in section 3(q) of the Small Business Act ( 15 U.S.C. 632(q) ); the term small business concern owned and controlled by women has the meaning given the term in section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) ); the term small business development center has the meaning given the term in section 3(t) of the Small Business Act ( 15 U.S.C. 632(t) ); and the term women’s business center means a women’s business center described in section 29 of the Small Business Act ( 15 U.S.C. 656 ).
Notwithstanding any other provision of law or regulation, during the period beginning on the date of enactment of this section and ending on September 30, 2021, the head of the Federal agency with which a covered entity has a contract shall provide the covered entity with— 90 additional days to carry out the responsibilities of the covered entity under the contract; or an additional amount of time to carry out the responsibilities of the covered entity under the contract that the head of the Federal agency determines to be appropriate after taking into consideration the severity of the adverse impact experienced by the covered entity.
If the performance of all or any part of the work of a Federal goods or services contract in force and effect during the period beginning on the date of enactment of this section and ending on September 30, 2021, is unavoidably delayed or interrupted by the small business contractor employees’ inability to access Government facilities, systems, or other Government-provided resources due to restrictions related to COVID–19 that have been imposed by any authority or due to orders or instructions issued by the Contracting Agency in response to COVID–19, the Government shall pay the small business contractor, upon the submission of the documentation required by the contract and according to the terms specified in the contract, the prices stipulated in the contract for goods or services as if the small business contractor had rendered and the Government accepted the goods or services.
Contractor delivery schedules shall be revised and small business contractors shall be eligible for equitable adjustments based on the revised schedules. Notwithstanding any other provision of law or regulation, during the period beginning on the date of enactment of this section and ending on September 30, 2021, with respect to a small business concern owned and controlled by women, an economically disadvantaged women-owned small business, a HUBZone small business concern, or a small business concern owned and controlled by service-disabled veterans, a contracting officer may award a sole source contract to the small business concern if the anticipated award price of the contract will not exceed the maximum permissible amount for the contract, as provided under the applicable provision of the Small Business Act ( 15 U.S.C. 631 et seq.), as amended by this subsection.
Section 31(c)(2)(A)(ii) of the Small Business Act ( 15 U.S.C. 657a(c)(2)(A)(ii) ) is amended— in subclause (I), by striking $5,000,000 and inserting $10,000,000 ; and in subclause (II), by striking $3,000,000 and inserting $8,000,000 . Section 36(a)(2) of the Small Business Act ( 15 U.S.C. 657f(a)(2) ) is amended— in subparagraph (A), by striking $5,000,000 and inserting $10,000,000 ; and in subparagraph (B), by striking $3,000,000 and inserting $8,000,000 . Section 8(a)(1)(D)(i)(II) of the Small Business Act ( 15 U.S.C. 637(a)(1)(D)(i)(II) ) is amended— by striking $5,000,000 and inserting $10,000,000 ; and by striking $3,000,000 and inserting $8,000,000 .
Section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) ) is amended— in paragraph (7)(B)— in clause (i), by striking $6,500,000 and inserting $10,000,000 ; and in clause (ii), by striking $4,000,000 and inserting $8,000,000 ; and in paragraph (8)(B)— in clause (i), by striking $6,500,000 and inserting $10,000,000 ; and in clause (ii), by striking $4,000,000 and inserting $8,000,000 . Notwithstanding any other provision of law or regulation, during the period beginning on the date of enactment of this section and until the invocation of the Defense Production Act on March 18, 2020, by the President is repealed or rescinded— for a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )), require that the head of an agency, to the fullest extent permitted by law and to the maximum extent practicable, establish an accelerated payment date of 15 days after receipt of a proper invoice for the amount due; and for a prime contractor that subcontracts with a small business concern, require that the head of an agency, to the fullest extent permitted by law and to the maximum extent practicable, establish an accelerated payment date of 15 days after receipt of a proper invoice for the amount due if the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.
(a)extension The Administrator of the Small Business Administration shall allow a participant in the program established under section 8(a) of the Small Business Act on the date of enactment of this section to extend such participation by a period of 1 year.
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Sec. 18
Contracting and entrepreneurial development assistance
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