Small Business Fair Competition Act

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.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3558 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3558

    To allow incumbent contractors to be eligible to re-compete for 
   Government contracts as small businesses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2009

 Mr. Griffith introduced the following bill; which was referred to the 
   Committee on Small Business, and in addition to the Committee on 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To allow incumbent contractors to be eligible to re-compete for 
   Government contracts as small businesses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Fair Competition 
Act''.

SEC. 2. REPRESENTATION BY CONTRACTORS AS SMALL BUSINESSES.

    (a) Eligibility of Incumbent Contractors To Re-Compete as Small 
Businesses.--In the case of a solicitation for bids or proposals by the 
Government for a proposed contract award, if the goods or services to 
be provided or performed under the proposed contract are substantially 
the same as the goods or services being provided or performed under a 
current contract, then the incumbent contractor is eligible to re-
compete for the proposed contract as a small business if the incumbent 
contractor represents in good faith that it is a small business in 
accordance with this section. Such representation may be made if--
            (1) the incumbent contractor meets the definition of a 
        small business concern applicable to the solicitation and has 
        not been determined by the Small Business Administration to be 
        a concern other than a small business; or
            (2) the incumbent contractor was a small business at the 
        time of initial award of the current contract to the incumbent, 
        is no longer a small business at the time of the solicitation, 
        and will revert to being a small business (as defined in the 
        solicitation for the proposed contract) if not awarded the 
        proposed contract.
    (b) Small Business Set-Aside.--In the case of a proposed contract 
referred to in subsection (a) being awarded to the incumbent 
contractor, the Government may qualify the contract as a small business 
set-aside for the duration of the contract.
    (c) Incumbent Contractor Defined.--In this section, the term 
``incumbent contractor'', with respect to a contract, means the 
contractor currently performing the contract.
    (d) Amendment of Federal Acquisition Regulation.--The Federal 
Acquisition Regulation shall be revised within 180 days after the date 
of the enactment of this Act to implement this Act.
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