Page:United States Statutes at Large Volume 107 Part 2.djvu/774

 107 STAT. 1724 PUBLIC LAW 103-160—NOV. 30, 1993 (c) DATA ON CONTRACT BUNDLING.— (1) DATA TO BE COMPILED. — For purposes of conducting the study required by subsection (a), the Secretary of Defense shall compile and furnish to the Comptroller General data regarding contracts awarded during fiscal years 1988, 1992, and 1993 that reflect the bundling of the types of contract requirements that were previously solicited and awarded as separate contract actions. With respect to such bundled contracts, the Secretary shall seek to furnish data regarding— (A) the number and dollar value of such contract awards and the types of goods or services (including construction) that were procured; (B) the number and estimated dollar value of requirements previously procured through separate contract actions which were included in each of the contract actions identified under subparagraph (A); (C) any justifications (including estimates of cost savings) for the bimdled contract actions identified under subparagraph (A); and (D) the extent of participation by small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals under subcontracting plans pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)). (2) SUBMISSION TO THE COMPTROLLER GENERAL. — The Secretary of Defense shall furnish the data described in paragraph (1) to the Comptroller General not later than February 1, 1994. (d) REPORT.—Not later than April 1, 1994, the Comptroller General shall submit to the Committees on Armed Services and Small Business of the Senate and House of Representatives a report containing the results of the study required by subsection (a). The report shall include recommendations for appropriate changes to statutes, regulations, policy, or practices that would amehorate any identified adverse effects of contract bundling on the participation of small business concerns in procurements by the Department of Defense. (e) DEFINITION.—For the purposes of this section, the terms "contract bundling" and '^undhng of contract requirements" means the practice of consolidating two or more procurement requirements / of the type that were previously solicited and awarded as separate smaller contracts into a single large contract solicitation likely to be unsuitable for award to a small business concern due to— (1) the diversity and size of the elements of performance specified; (2) the aggregate dollar value of the anticipated award; (3) the geographical dispersion of the contract performance sites; or (4) any combination of the factors described in paragraphs (1), (2), and (3). SEC. 848. PROHIBITION ON CGMPETITIGN BETWEEN DEPARTMENT OF DEFENSE AND SMALL BUSINESSES FOR CERTAIN MAINTE. NANCE CONTRACTS. (a) IN GENERAL. — (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2304 the following new section:

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