Small Business Competition Enhancement Act of 1984

Summary

Small Business Competition Enhancement Act of 1984 - Amends the Small Business Act to set forth specified evaluation considerations which must be weighed by Federal agencies with respect to solicitations for competitive and noncompetitive awards of development or production contracts for a major system. Provides a waiver for certain evaluation considerations if the contracting officer determines in writing that such requirement would not be applicable to the production contract or would not be in the best interests of the Government. Requires an agency before it can establish any prequalification requirement with respect to the awarding of a contract to: (1) prepare a written justification stating the reasons for the restriction and why free and open competition is not feasible; (2) specify in writing and make available upon request all standards which a contractor, or its product, must meet in order to become qualified; (3) provide an opportunity for a contractor to demonstrate its ability to meet such standards; and (4) inform such contractor as to whether qualification has been attained. Sets forth procedures an agency must follow in the event that the number of available qualified sources or products is less than five. Sets forth additional information which is to be included in all notices of proposed competitive and noncompetitive civilian and defense procurement actions of $10,000 and above. Requires an agency to: (1) publicly post solicitations which would have been synopsized in the Commerce Business Daily if it had equalled or exceeded the applicable dollar threshold for such publication; and (2) make available to small businesses the solicitation package for solicitations posted in abstract form and permit the copying of such solicitation. Declares it to be the policy of the United States that small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals shall have to the maximum extent possible the opportunity to participate in the performance of contracts and subcontracts which are in excess of $10,000 and are not for personal services for subsystems, assemblies, components, and related services for major systems. Requires an agency with responsibility for a major system to include provisions relating to specified technical data in all production contracts in order to foster competitive procurement of spare parts requirements to maintain such systems. Provides a waiver for such provisions if the contracting officer determines in writing that any such provision would not be applicable to the production contract or would not be in the best interests of the Government. Requires an agency: (1) within one year after the enactment of this Act, to develop a plan for the management of such technical data received under contracts for the development, production, modification, or maintenance of major systems within its jurisdiction; and (2) within five years after the enactment of this Act, to complete implementation of such management plan and include the technical data for each major system within its jurisdiction. Specifies other matters the management plan shall address. Requires the Comptroller General, not later than 18 months after the enactment of this Act, to transmit to the Congress a report evaluating the plans of specified Federal agencies for the management of technical data for major systems within their jurisdiction. Requires a contracting officer, under specified circumstances, to initiate a review of the validity of restrictions on the Government's rights in technical data furnished under contract. Sets forth procedures for the certification of such restrictions. Requires the Small Business Administration to assign to each major procurement center a breakout procurement center representative who shall: (1) participate in evaluating the maintenance of a major system during its service life and determine whether requirements are to be procured through other than free and open competition; (2) review procurement method codes that restrict competition among small businesses and to request reevaluation of such restrictions by agency personnel; (3) review restrictions on competition that arise out of restrictions on the Government's rights in technical data and, when appropriate, recommend that the contracting officer initiate a review of the validity of such restriction; (4) obtain technical data for the preparation of a competitive solicitation package; and (5) have access to the unclassified procurement records and other data of the procurement center. Directs each agency to assign technical advisors to assist each breakout procurement center representative.

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Documents

4 official files

• Indefinitely postponed in Senate

  summary · EN · 7 August 1984

  Open at official source

• Reported to Senate amended, 2nd committee reporting

  summary · EN · 11 June 1984

  Open at official source

• Reported to Senate amended, 1st committee reporting

  summary · EN · 11 May 1984

  Open at official source

• Introduced in Senate

  summary · EN · 29 March 1984

  Open at official source

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