Sec. 1313. CONSOLIDATION OF CONTRACT REQUIREMENTS
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## SEC. 1313 CONSOLIDATION OF CONTRACT REQUIREMENTS ###
(a)In General The Small Business Act (15 U.S.C. 631 et seq.) is amended— ####
(1)by redesignating section 44 as section 45; and ####
(2)by inserting after section 43 the following: > > ## “SEC. 44 CONSOLIDATION OF CONTRACT REQUIREMENTS > > > ### “(a) Definitions > > In this section— > > > #### “(1) > > the term ‘Chief Acquisition Officer’ means the employee of a Federal agency designated as the Chief Acquisition Officer for the Federal agency under section 16(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(a)); > > > #### “(2) > > the term ‘consolidation of contract requirements’, with respect to contract requirements of a Federal agency, means a use of a solicitation to obtain offers for a single contract or a multiple award contract to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; and > > > #### “(3) > > the term ‘senior procurement executive’ means an official designated under section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c)) as the senior procurement executive for a Federal agency. > > > ### “(b) Policy > > The head of each Federal agency shall ensure that the decisions made by the Federal agency regarding consolidation of contract requirements of the Federal agency are made with a view to providing small business concerns with appropriate opportunities to participate as prime contractors and subcontractors in the procurements of the Federal agency. > > > ### “(c) Limitation on Use of Acquisition Strategies Involving Consolidation > > > #### “(1) In general > > Subject to paragraph (4), the head of a Federal agency may not carry out an acquisition strategy that includes a consolidation of contract requirements of the Federal agency with a total value of more than $2,000,000, unless the senior procurement executive or Chief Acquisition Officer for the Federal agency, before carrying out the acquisition strategy— > > > ##### “(A) > > conducts market research; > > > ##### “(B) > > identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements; > > > ##### “(C) > > makes a written determination that the consolidation of contract requirements is necessary and justified; > > > ##### “(D) > > identifies any negative impact by the acquisition strategy on contracting with small business concerns; and > > > ##### “(E) > > certifies to the head of the Federal agency that steps will be taken to include small business concerns in the acquisition strategy. > > > #### “(2) Determination that consolidation is necessary and justified > > > ##### “(A) In general > > A senior procurement executive or Chief Acquisition Officer may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph (1)(C) if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches identified under paragraph (1)(B). > > > ##### “(B) Savings in administrative or personnel costs > > For purposes of subparagraph (A), savings in administrative or personnel costs alone do not constitute a sufficient justification for a consolidation of contract requirements in a procurement unless the expected total amount of the cost savings, as determined by the senior procurement executive or Chief Acquisition Officer, is expected to be substantial in relation to the total cost of the procurement. > > > #### “(3) Benefits to be considered > > The benefits considered for the purposes of paragraphs
(1)and
(2)may include cost and, regardless of whether quantifiable in dollar amounts— > > > ##### “(A) > > quality; > > > ##### “(B) > > acquisition cycle; > > > ##### “(C) > > terms and conditions; and > > > ##### “(D) > > any other benefit. > > > #### “(4) Department of defense > > > ##### “(A) In general > > The Department of Defense and each military department shall comply with this section until after the date described in subparagraph (C). > > > ##### “(B) Rule > > After the date described in subparagraph (C), contracting by the Department of Defense or a military department shall be conducted in accordance with section 2382 of title 10, United States Code. > > > ##### “(C) Date > > The date described in this subparagraph is the date on which the Administrator determines the Department of Defense or a military department is in compliance with the Government-wide contracting goals under section 15.” > . ###
(b)Technical and Conforming Amendment Section 2382(b)(1) of title 10, United States Code, is amended by striking “An official” and inserting “Subject to section 44(c)(4), an official”.
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U.S. Code
2 references not yet in our index
- 41 USC 414(a)
- 41 USC 414(c)
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