(1) BUNDLED CONTRACT DEFINED.-In this subsection, the term "bundled contract" has the meaning given such term in section 3(o)(1). (2) DATABASE. (A) IN GENERAL.-Not later than 180 days after the date of the enactment of this subsection, the Administrator of the Small Business Administration shall develop and shall thereafter maintain a database containing data and information regarding— (i) each bundled contract awarded by a Federal agency; and (ii) each small business concern that has been displaced as a prime contractor as a result of the award of such a contract. (3) ANALYSIS.-For each bundled contract that is to be recompeted as a bundled contract, the Administrator shall determine (A) the amount of savings and benefits (in accordance with subsection (e)) achieved under the bundling of contract requirements; and (B) whether such savings and benefits will continue to be realized if the contract remains bundled, and whether such savings and benefits would be greater if the procurement requirements were divided into separate solicitations suitable for award to small business concerns. (4) ANNUAL REPORT ON CONTRACT BUNDLING. (A) IN GENERAL.-Not later than 1 year after the date of the enactment of this paragraph, and annually in March thereafter, the Administration shall transmit a report on contract bundling to the Committees on Small Business of the House of Representatives and the Senate. (B) CONTENTS.-Each report transmitted under subparagraph (A) shall include (i) data on the number, arranged by industrial classification, of small business concerns displaced as prime contractors as a result of the award of bundled contracts by Federal agencies; and (ii) a description of the activities with respect to previously bundled contracts of each Federal agency during the preceding year, including— (I) data on the number and total dollar amount of all contract requirements that were bundled; and (II) with respect to each bundled contract, data or information on (aa) the justification for the bundling of contract requirements; (bb) the cost savings realized by bundling the contract requirements over the life of the contract; (cc) the extent to which maintaining the bundled status of contract requirements is projected to result in continued cost savings; (dd) the extent to which the bundling of contract requirements complied with the con tracting agency's small business subcontracting plan, including the total dollar value awarded to small business concerns as subcontractors and the total dollar value previously awarded to small business concerns as prime contractors; and (ee) the impact of the bundling of contract requirements on small business concerns unable to compete as prime contractors for the consolidated requirements and on the industries of such small business concerns, including a description of any changes to the proportion of any such industry that is composed of small business concerns. (5) ACCESS TO DATA.— (A) FEDERAL PROCUREMENT DATA SYSTEM.-To assist in the implementation of this section, the Administration shall have access to information collected through the Federal Procurement Data System. (B) AGENCY PROCUREMENT DATA SOURCES.-To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administration, procurement information collected through existing agency data collection sources. SEC. 16. [15 U.S.C. 645] (a) Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, or for the purpose of influencing in any way the action of the Administration, or for the purpose of obtaining money, property, or anything of value, under this Act, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. (b) Whoever, being connected in any capacity with the Administration, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise entrusted to it, or (2) with intent to defrand the Administration or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Administration, makes any false entry in any book, report, or statement of or to the Administration, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, or (3) with intent to defraud participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, commission, contract, or any other part of the Administration, or (4) gives any unauthorized information concerning any future action or plan of the Administration which might affect the value of securities, or, having such knowledge, invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans or other assistance from the Administration, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both. (c) Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or that of another, any property mortgaged or pledged to, or held by, the Administration, shall be fined not more than $5,000 or imprisoned not more than five years, or both; but if the value of such property does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (d)(1) Whoever misrepresents the status of any concern or person as a "small business concern",, 24 a "qualified HUBZone small business concern", a "small business concern owned and controlled by socially and economically disadvantaged individuals", or a "small business concern owned and controlled by women", in order to obtain for oneself or another any (A) prime contract to be awarded pursuant to section 9, 15, or 31; (B) subcontract to be awarded pursuant to section 8(a); (C) subcontract that is to be included as part or all of a goal contained in a subcontracting plan required pursuant to section 8(d); or (D) prime or subcontract to be awarded as a result, or in furtherance, of any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, 25 shall be subject to the penalties and remedies described in paragraph (2). (2) Any person who violates paragraph (1) shall— (A) be punished by a fine of not more than $500,000 or by imprisonment for not more than 10 years, or both; (B) be subject to the administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812); (C) be subject to suspension and debarment as specified in subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation) on the basis that such misrepresentation indicates a lack of business integrity that seriously and directly affects the present responsibility to perform any contract awarded by the Federal Government or a subcontract under such a contract; and (D) be ineligible for participation in any program or activity conducted under the authority of this Act or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a period not to exceed 3 years. (e) Any representation of the status of any concern or person as a "small business concern",, 26 a "HUBZone small business concern", a "small business concern owned and controlled by socially and economically disadvantaged individuals", or a "small business concern owned and controlled by women" in order to obtain any prime contract or subcontract enumerated in subection (d) of this section shall be in writing. 24 So in law. 25 So in law. Language following probably should be aligned with the left margin of paragraph (1). 26 So in law. |