Page:United States Statutes at Large Volume 111 Part 3.djvu/531

 PUBLIC LAW 105-135—DEC. 2, 1997 111 STAT. 2619 the performance of the contract. The head of the agency shall evaluate the offer in the same manner as other offers, with due consideration to the capabilities of all of the proposed subcontractors. If a small business concern teams under this paragraph, it shall not affect its status as a smsdl business concern for any other purpose.". (b) ADMINISTRATION REVIEW. —Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended in the third sentence— (1) by inserting "or the solicitation involves an unnecessary or unjustified bundling of contract requirements, as determined by the Administration," after "discrete construction projects,"; (2) by striking "or (4)" and inserting "(4)"; and (3) by inserting before the period at the end of the sentence the following: ", or (5) why the agency has determined that the bundled contract (as defined in section 3(o)) is necessary and justified". (c) RESPONSIBILITIES OF AGENCY SMALL BUSINESS ADVO- CATES.—Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended— (1) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively; and (2) by inserting after paragraph (4) the following: "(5) identify proposed solicitations that involve significant bundling of contract requirements, and work with the agency acquisition officials and the Administration to revise the procurement strategies for such proposed solicitations where appropriate to increase the probability of participation by small businesses as prime contractors, or to facilitate small business participation as subcontractors and suppliers, if a solicitation for a bundled contract is to be issued;". SEC. 414. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES. 41 USC 405 note. (a) DATA COLLECTION REQUIRED. —The Federal Procurement Data System described in section 6(d)(4)(A) of the Office of Federal Procurement PoUcy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect data regarding bundling of contract requirements when the contracting officer anticipates that the resulting contract price, including all options, is expected to exceed $5,000,000. The data shall reflect a determination made by the contracting officer regarding whether a particular solicitation constitutes a contract bundling. (b) DEFINITIONS.— In this section, the term "bundling of contract requirements" has the meaning given that term in section 3(o) of the Small Business Act (15 U.S.C. 632(o)) (as added by section 412 of this subtitle). SEC. 415. EVALUATING SUBCONTRACT PARTICIPATION IN AWARDING CONTRACTS. Section 8(d)(4) of the Small Business Act (15 U.S.C. 637(d)(4)) is amended by adding at the end the following: "(G) The following factors shall be designated by the Federal agency as significant factors for purposes of evaluating offers for a bundled contract where the head of the agency determines that the contract offers a significant opportunity for subcontracting: "(i) A factor that is based on the rate provided under the subcontracting plan for small business participation in the performance of the contract.

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