Last week, the House of Representatives approved the National Defense Authorization Act for FY 2013 with a host of small business contracting reforms attached to the measure. The reforms ºÚÁϲ»´òìÈ supported and advocated for include:
- Federal Agency Contract Bundling Justification. This would require all federal agencies to provide justification for bundling contracts, including construction contracts. Currently, the definition of "bundled contract" specifically excludes construction contracts. Consequently, all federal government bundled contracts — except bundled construction contracts — require such justification.
- Safe Harbor for Small Business Categorization Misrepresentation. The bill includes a safe-harbor provision from small business misrepresentation claims. Small business contracting affiliation laws and regulations that define circumstances when a small business is not acting as a small business are complex and confusing. This complexity and confusion can lead even innocent small business contractors to inadvertently fall victim to misrepresentation claims with stiff penalties, both civil and criminal, as well as possible debarment.