HR789-119

What This Bill Does

The Transparency and Predictability in Small Business Opportunities Act targets federal procurement solicitations for which at least two small business concerns were eligible to submit bids. Within 180 days, the SBA Administrator must issue rules requiring public disclosure when a covered solicitation is issued and then cancelled. The disclosure must explain the cancellation justification, any plan and timeframe for reissuing the solicitation, and any plan to move the requirement into another contract or task order. If an agency does not intend to reissue the cancelled solicitation, the rules must establish a referral process so a small business that prepared a bid can be connected to that agency's Director of Small and Disadvantaged Business Utilization for help identifying similar contracting opportunities. The information must be made available through the government-wide procurement entry point. The bill also amends OSDBU duties to require assistance to affected small businesses and states that no additional funds are authorized.

Who Benefits and How

Small business contractors benefit because agencies must explain why a bid opportunity disappeared and whether the work may come back, reducing wasted bid-preparation uncertainty. Small businesses that prepared bids for cancelled solicitations benefit from a referral to OSDBU staff when the agency will not reissue the opportunity, giving them help finding similar federal contracts. Small-business set-aside participants benefit from public information on whether requirements are being folded into other contracts or task orders. Procurement transparency advocates and congressional oversight staff benefit from cancellation information posted at the government-wide procurement portal.

Who Bears the Burden and How

The Small Business Administration must draft and issue the rules within 180 days. Federal procurement offices must prepare cancellation justifications, provide available reissuance or contract-consolidation information, and post that information publicly. OSDBU Directors must assist affected small businesses with identifying similar contracting opportunities when a covered solicitation is cancelled and not reissued. Agency acquisition staff must handle these duties without new authorized funding, increasing administrative pressure on existing procurement resources.

Key Provisions

• Requires SBA rules within 180 days for cancelled covered solicitations open to two or more eligible small businesses.
• Requires agencies to disclose cancellation justifications, reissuance plans and timeframes, and plans to include the work in another contract or task order.
• Requires public posting of cancellation information on the single government-wide procurement entry point.
• Establishes referral procedures to OSDBU Directors when small businesses prepared bids for solicitations that will not be reissued.
• Amends OSDBU duties to help affected small businesses identify similar contracting opportunities.
• Provides that no additional funds are authorized for the new requirements.