House Passes Bipartisan Small Business Contracting Measures as Part of NDAA

September 24, 2021 | Washington, D.C.— Yesterday, the U.S. House of Representatives passed the FY 2022 National Defense Authorization Act, which includes multiple measures to create more opportunities for small businesses in the government contracting space. Committee members advanced numerous bipartisan amendments focused on helping small firms that were included in the final bill.  
 
“The federal government is the largest purchaser of goods and services in the world. Small businesses must have ample access to this space and the opportunity to compete with their larger peers,” said Chairwoman Velázquez. “I’m proud of the bipartisan collaboration between committee members, as they worked to open more doors for small firms in this lucrative sector.”
 
Increasing Contracting Opportunities for Small and Underserved Firms
Introduced by Rep. Kweisi Mfume (D-MD) and Rep. Joe Neguse (D-CO)
 
This provision would raise the government-wide goals for small business participation in Federal contracts.
 
Protecting Small Contractors
Introduced by Rep. Nydia Velázquez (D-NY) and Rep. Byron Donalds (R-FL)
 
The measure ensures that the protections afforded to small businesses and taxpayers through surety bonds are not lost in smaller contracts due to continual adjustments for inflation.
 
Preserving Set-Asides for Small Businesses
Introduced by Rep. Chrissy Houlahan (D-PA) and Rep. Scott Fitzgerald (R-WI)
 
This provision seeks to protect individual set aside contracts, which agencies are discouraged from awarding under the category management initiative.   
 
Increasing Flexibility for Small Business in the 8(a) Program
Introduced by Rep. Dwight Evans (D-PA) and Rep. Scott Fitzgerald (R-WI) 
 
The measure streamlines the 8(a) waiver process required when ownership and control of the 8(a) business passes to another 8(a) by enabling the Administrator to delegate the waiver determination. It also provides additional flexibilities in the program by allowing the sale of a contract from an 8(a) to another 8(a), subject to the same waiver process.
 
Expanding HUBZone Opportunities
Introduced by Rep. Marie Newman (D-IL) and Rep. Scott Fitzgerald (R-WI) 
 
The measure clarifies that the 10% Hubzone Price Evaluation Preference applies to orders.

Enhancing Transparency in Cybersecurity Initiatives for Small Contractors
Introduced by Rep. Dean Phillips (D-MN) and Rep. Beth Van Duyne (R-TX)

The measure requires DOD to submit a report on the effects of the Cybersecurity Maturity Model Certification framework on small business concerns as well as how the Department will mitigate any negative effects on small business resulting from the use and implementation of the framework.