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Mr. Griffith...Exactly how is this considered fair for TRUE small businesses?

Posted By Guy Timberlake, The American Small Business Coalition, LLC, Wednesday, September 16, 2009

Let me start by saying that I am not a legislative expert (nor do I have any aspirations in that direction) but as I read H.R. 3558, it seems to suggest that an incumbent company that is no longer a small business as a result of winning said contract, will receive an exception to re-compete as a small business if they can demonstrate they will revert to being a small business as a result of losing this contract.


In other words, these companies get a “do over” which on the surface seems unfair to those companies who are currently small businesses trying to compete for this business.

Assuming that a company which is larger than a competitor has more resources to leverage in supporting its own success, this would create another obstacle for small businesses trying to grow. Essentially this proposed bill is telling them [true small businesses] “ you’ll have to wait while we assist this “other than small business” with your small business benefits.”

It’s like the out of bounds rule in the NFL where a receiver can’t go out of bounds and then return to the field of play to make a catch. In this case, the “ref” is deliberately looking away so as not to see that the “player” was out of bounds.

That makes sense.

- The Chief Visionary

H. R. 3558

To allow incumbent contractors to be eligible to re-compete for Government contracts as small businesses, and for other purposes.


September 14, 2009

Mr. GRIFFITH introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


To allow incumbent contractors to be eligible to re-compete for Government contracts as small businesses, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


This Act may be cited as the `Small Business Fair Competition Act'.


(a) Eligibility of Incumbent Contractors To Re-Compete as Small Businesses- In the case of a solicitation for bids or proposals by the Government for a proposed contract award, if the goods or services to be provided or performed under the proposed contract are substantially the same as the goods or services being provided or performed under a current contract, then the incumbent contractor is eligible to re-compete for the proposed contract as a small business if the incumbent contractor represents in good faith that it is a small business in accordance with this section. Such representation may be made if--

(1) the incumbent contractor meets the definition of a small business concern applicable to the solicitation and has not been determined by the Small Business Administration to be a concern other than a small business; or

(2) the incumbent contractor was a small business at the time of initial award of the current contract to the incumbent, is no longer a small business at the time of the solicitation, and will revert to being a small business (as defined in the solicitation for the proposed contract) if not awarded the proposed contract.

(b) Small Business Set-Aside- In the case of a proposed contract referred to in subsection (a) being awarded to the incumbent contractor, the Government may qualify the contract as a small business set-aside for the duration of the contract.

(c) Incumbent Contractor Defined- In this section, the term `incumbent contractor', with respect to a contract, means the contractor currently performing the contract.

(d) Amendment of Federal Acquisition Regulation- The Federal Acquisition Regulation shall be revised within 180 days after the date of the enactment of this Act to implement this Act.

Tags:  3558  business  contract  federal  Griffith  H.R.  incumbent  small 

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