Bill Summary
The "Transparency and Predictability in Small Business Opportunities Act" aims to enhance transparency and support for small businesses in federal procurement processes, specifically regarding cancelled solicitations. The legislation requires the Administrator of the Small Business Administration (SBA) to establish rules within 180 days of enactment that mandate federal agencies to disclose the reasons for cancelling covered solicitations—those for which two or more small businesses were eligible to bid. This includes providing information about potential reissuance or incorporation of the solicitation's requirements into other contracts.
Additionally, if a federal agency does not plan to reissue a cancelled solicitation, the SBA is directed to refer affected small businesses to resources that can help them find similar contracting opportunities. The information about cancelled solicitations must be publicly accessible through a designated government platform.
Moreover, the act amends the Small Business Act to require the Directors of Offices of Small and Disadvantaged Business Utilization to assist small businesses in identifying similar contracting opportunities when a solicitation they bid on is cancelled without plans for reissuance. Importantly, the act does not authorize any additional funding for its implementation.
Possible Impacts
The "Transparency and Predictability in Small Business Opportunities Act" could have several impacts on individuals and businesses, particularly small business concerns. Here are three examples:
1. **Improved Clarity and Communication for Small Businesses**: The legislation requires federal agencies to disclose information regarding cancelled solicitations, including the reasons for cancellation and plans for potential reissuance. This transparency can help small businesses understand the procurement landscape better, allowing them to make informed decisions about where to invest their time and resources. By knowing why a solicitation was cancelled, small businesses can adjust their strategies accordingly and avoid wasting effort on bids that are unlikely to be revived.
2. **Facilitated Access to Similar Opportunities**: For small businesses that prepared bids for cancelled solicitations, the Act mandates assistance from the Directors of Offices of Small and Disadvantaged Business Utilization. This means that if a small business's bid is affected by a cancellation, they will receive guidance in identifying similar contracting opportunities. This support can enhance their chances of securing contracts elsewhere, thereby mitigating potential financial losses from the cancelled solicitation.
3. **Increased Competition and Fairness in the Bidding Process**: By ensuring that information about cancelled solicitations is publicly accessible, the Act promotes fairness and competition among small businesses. When all eligible businesses have access to the same information, it levels the playing field and encourages more small businesses to participate in federal contracting. This could lead to a more diverse range of bidders, potentially resulting in better value for the government and fostering a more vibrant small business ecosystem.
Overall, the legislation aims to create a more predictable and transparent environment for small businesses engaged in federal contracting.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 789 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
1st Session
H. R. 789
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2025
Received; read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
AN ACT
To require the Administrator of the Small Business Administration to
issue rules for cancelled covered solicitations, to amend the Small
Business Act to provide assistance to small business concerns relating
to certain cancelled solicitations, 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 ``Transparency and Predictability in
Small Business Opportunities Act''.
SEC. 2. SMALL BUSINESS ADMINISTRATION RULES FOR CANCELLED COVERED
SOLICITATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall issue rules as follows:
(1) Requiring disclosure of information about a covered
solicitation that was issued and cancelled that includes the
following:
(A) A justification for the cancellation of such
covered solicitation.
(B) Available information about any plans to
reissue such covered solicitation and any associated
timeframes for such reissuance.
(C) Available information about any plans to
include the requirements of such covered solicitation
in another contract or task order of the Federal
agency.
(2) With respect to a cancelled covered solicitation which
the Federal agency does not intend to reissue, establishing
procedures for the referral of a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)) that prepared a bid for such covered solicitation to the
Director of Small and Disadvantaged Business Utilization (as
defined in section 15(k) of such Act (15 U.S.C. 644(k))) of the
Federal agency for assistance in identifying similar
contracting opportunities.
(b) Publication.--The information required under subsection (a)
shall be made publicly accessible on the single, Government-wide point
of entry described under section 1708 of title 41, United States Code.
(c) Covered Solicitation Defined.--In this section, the term
``covered solicitation'' means a solicitation of a Federal agency for a
procurement for which two or more small business concerns were eligible
to submit a bid.
SEC. 3. DUTIES FOR DIRECTORS OF OFFICES OF SMALL AND DISADVANTAGED
BUSINESS UTILIZATION RELATING TO CERTAIN CANCELLED
SOLICITATIONS.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) in paragraph (21), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following new paragraph:
``(22) shall, when notified by a small business concern
that a Federal agency cancelled a solicitation for which such
concern prepared a bid and such Federal agency does not intend
to reissue such solicitation, assist such concern with
identifying similar contracting opportunities.''.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act.
Passed the House of Representatives June 3, 2025.
Attest:
KEVIN F. MCCUMBER,
Clerk.