A bill to improve small business access to Federal procurement information.

(Conference report filed in House, H. Rept. 98-263) Amends the Small Business Act to require the Secretary of Commerce to obtain notice of all competitive and noncompetitive civilian and defense procurement actions of $10,000 and above proposed by the Government and to publish notice of them in the Commerce Business Daily. (Currently, the Secretary is required to publish notice of civilian procurement actions of $5,000 and above proposed by the Government.) Exempts from such publication requirements those procurement actions where: (1) such procurement, for security reasons, is of a classified nature; (2) the need for the procurement is of such urgency that the Government would be seriously injured by time of publication; (3) a foreign government reimburses the Federal department for the cost of the procurement for such government and only one source is available, or the terms of an international agreement between the United States and a foreign government require that such procurement shall be from sources specified within such international agreement; (4) a statute provides that the procurement be made through another Federal department or from a specified source; (5) the procurement is made against an order placed under a requirement or similar contract, including orders for perishable subsistence supplies; (6) the procurement results from acceptance of a proposal pursuant to the Small Business Innovation Development Act of 1982 or an unsolicited proposal from an educational institution that demonstrates an innovative research concept and publication of such unsolicited proposal would improperly disclose the originality or innovativeness of the proposed research; or (7) it is determined in writing by the head of the Federal department, with the concurrence of the Administrator, that advance notice is not appropriate or reasonable. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract (provided that no Federal officer or employee shall be prohibited from responding to a request for information). Sets forth the contents of the notices of Government procurement actions which must be published in the Commerce Business Daily. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $1,000,000 in FY 1984, $500,000 in FY 1985, or $300,000 in FY 1986 and each year thereafter unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action. Applies such provision to procurement actions initiated on or after October 1, 1983. Requires publication in the Commerce Business Daily of all contract awards in the case of Government procurement actions in excess of $25,000 in which the award of a contract is likely to result in the award of subcontracts under such contract, unless the disclosure of such a contract would compromise national security. Provides for the application of this Act to the Tennessee Valley Authority only to the extent it deems practicable.

(Measure passed House, amended (inserted text of H.R. 1043 as passed House)) Amends the Small Business Act to prohibit procuring agencies, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until at least 15 days after publication of such notice; and (2) foreclosing competition under a procurement action until at least 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order.

(Measure passed Senate, amended) Amends the Small Business Act to require the Secretary of Commerce to obtain notice of all competitive and noncompetitive civilian procurement actions of $10,000 and above proposed by the Government and to publish notice of them in the Commerce Business Daily. (Currently, the Secretary is required to publish notice of civilian procurement actions of $5,000 and above proposed by the Government.) Eliminates from the exceptions to such publication requirement those procurement actions which: (1) involve perishable subsistence supplies; (2) are for utility services and the utility concern to whom the award will be made has been predetermined; (3) are made by an order placed under an existing contract; (4) are for personal or professional services; or (5) are for services from educational institutions. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract. Sets forth the contents of the notices of Government procurement actions which must be published in the Commerce Business Daily. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $100,000 unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action. Requires publication in the Commerce Business Daily of all contract awards in the case of Government procurement actions in excess of $10,000 in which the award of a contract is likely to result in the award of subcontracts under such contract, unless the disclosure of such a contract would compromise national security. Provides for the application of this Act to the Tennessee Valley Authority only to the extent it deems practicable.

(Reported to Senate from the Committee on Small Business with amendment (without written report)) Amends the Small Business Act to eliminate from the exceptions to the requirement that notice of Government procurement actions be published in the Commerce Business Daily those procurement actions which: (1) involve perishable subsistence supplies; (2) are of such emergency that the Government would be seriously injured if bids were made more than 15 days after the invitation to bid was issued; (3) are made by an order placed under an existing contract; (4) are for personal or professional services; (5) are for services from educational institutions; or (6) involve only foreign sources. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract. Exempts from compliance with such time periods procurement actions which: (1) are made by an order placed under an existing contract; (2) are of such emergency that the Government would be seriously injured if such time periods were complied with; or (3) involve perishable subsistence supplies. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $100,000 unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action.

Amends the Small Business Act to eliminate from the exceptions to the requirement that notice of Government procurement actions be published in the Commerce Business Daily those procurement actions which: (1) involve perishable subsistence supplies; (2) are of such emergency that the Government would be seriously injured if bids were made more than 15 days after the invitation to bid was issued; (3) are made by an order placed under an existing contract; (4) are for personal or professional services; or (5) are for services from educational institutions. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract. Exempts from compliance with such time periods procurement actions which: (1) are made by an order placed under an existing contract; (2) are of such emergency that the Government would be seriously injured if such time periods were complied with; or (3) involve perishable subsistence supplies. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $100,000 unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action. Provides for the application of this Act to the Tennessee Valley Authority only to the extent it deems practicable.