Small biz bills have last-minute chance to pass Congress: Pt. 1

      Several dozen legislative bills dealing with significant small business contracting issues are approaching their final chances of passage in the current Congress.

      Congress is on break until after the midterm elections. On Dec. 3, lawmakers will begin meeting in a “lame duck” session and the next Congress will convene on Jan. 3, 2023.

      Many small business measures already have been included in either, or both of, the House’s and Senate’s National Defense Authorization Act (NDAA) packages and are likely to be approved.

      But as the current Congress’ final deadlines edge closer, there are dozens of additional small business contracting-related bills seeking last-minute action. Most likely will expire, while some may be revived next year, depending on who is elected.

      The House’s non-NDAA bills include an extension of time for the transfer of veteran small business certification to the Small Business Administration and a provision to reduce personal conflicts of interest in consulting and advisory contracts, among others.

      Here are the major House bills facing expiration when the current Congress ends:

• Veteran certifications: HR 8942 would extend the time period to transfer veteran small business certification to the SBA, from the Veterans Affairs Dept. The length of the extension would be determined by the Speaker of the House.
• Contractor safety: HR 8466 would require that during a nationwide public health emergency for an infectious disease, the head of each federal agency would be required to establish a plan for the safety of federal employees and contractors physically present at certain worksites.
• Conflicts of interest: HR 8325 would require more rules against personal conflicts of interest, particularly for consulting, advisory and analytical services that support primary missions of an agency, or regulatory, policymaking, and adjudicative functions.

        The rules also would be strengthened for functions closely associated with inherently governmental functions.

• Anti-Fraud unit: HR 8322 would create the Federal Real Anti-fraud Unified Directorate (FRAUD) within the Office of Management and Budget. The unit would use real-time data tools to aggressively identify and stop fraud in high-priority programs and in programs that are highly susceptible to fraud.
• Construction payments: HR 8273 would provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes.
• Expanding DBE eligibility: HR 7866 would expand eligibility of certain small business concerns in the Transportation Dept.’s Disadvantaged Business Enterprise (DBE) program by updating size standards and net worth caps, among other goals.
• Small business subcontracting plans: HR 7694 (passed by House) would encourage compliance with subcontracting plans by extending the requirement that an agency must consider prior compliance with such plans when evaluating an offeror's past performance. The requirement would be extended to all contracts that must include a subcontracting plan and are awarded using negotiated procedures.
• Organizational conflicts of interest: HR 7602 would update and strengthen requirements to prevent organizational conflicts of interest in federal contracting.
• DBE support: HR 7149 would create support services for DBEs at modal administrations of DOT.
• Contractor vaccine mandate: HR 6839 would prohibit agencies from evaluating bidders on the basis of whether they complied with a federal contractor COVID-19 vaccine mandate.
• SBDCs annual report: HR 6445 (passed House) would require an annual report to Congress on the SBA’s Small Business Development Centers (SBDCs) programs for entrepreneurial development.

More information:
Search by bill number: https://www.Congress.gov

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