House Members Introduce Contract Bundling Bill

February 9, 2012

On Feb. 8, 2012, Chairman Sam Graves (R-Mo.) and Rep. Allen West (R-Fla.) introduced the Contractor Opportunity Protection (COP) Act of 2012 (H.R. 4081), which seeks to, among other things:

·         Clarify statutory limits on federal agency bundling,

·         Create a third party arbiter (either the SBA or a third party group if the SBA declines to pursue) to appeal or protest an agency’s bundling decision,

·         Expand contract bundling restrictions to new construction contracts, and

·         Require agencies to publish their justification for contract bundling decisions.

 

Bundling is defined as consolidating two or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract that is likely to be unsuitable for award to a small business concern due to:

(A) the diversity, size, or specialized nature of the elements of the performance specified;

(B) the aggregate dollar value of the anticipated award;

(C) the geographical dispersion of the contract performance sites; or

(D) any combination of the factors described in subparagraphs (A), (B), and (C).

 

This bill aims to address unjustified and unnecessary contract bundling by increasing transparency, ensuring small-business contracting opportunities, and allowing small-business arbiters to appeal or protest agency bundling decisions.

 

This bill has been referred to the House Committee on Small Business for further consideration. Please click here to view the full bill.