Page:United States Statutes at Large Volume 111 Part 3.djvu/529

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PUBLIC LAW 105-135—DEC. 2, 1997 111 STAT. 2617 (1) by inserting "or North American Industrial Classification Code" after "standard industrial classification code" each place it appears; and (2) by inserting "or North American Industrial Classification Codes" after "standard industrial classification codes" each place it appears. Subtitle B—Small Business Procurement Opportunities Program SEC. 411. CONTRACT BUNDLING. Section 2 of the Small Business Act (15 U.S.C. 631) is amended by adding at the end the following: "(j) CONTRACT BUNDLING. —In complying with the statement of congressional policy expressed in subsection (a), relating to fostering the participation of small business concerns in the contracting opportunities of the Government, each Federal agency, to the maximum extent practicable, shall— "(1) comply with congressional intent to foster the participation of small business concerns as prime contractors, subcontractors, and suppliers; "(2) structure its contracting requirements to facilitate competition by and among small business concerns, taking all reasonable steps to eliminate obstacles to their participation; and "(3) avoid unnecessary and unjustified bundling of contract requirements that precludes small business participation in procurements as prime contractors.". SEC. 412. DEFINITION OF CONTRACT BUNDLING. Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: "(o) DEFINITIONS OF BUNDLING OF CONTRACT REQUIREMENTS AND RELATED TERMS. — In this Act: "(1) BUNDLED CONTRACT. —The term ^bundled contract' means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements. "(2) BUNDLING OF CONTRACT REQUIREMENTS.— The term Tsundling of contract requirements' means consolidating 2 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 doUsir 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). "(3) SEPARATE SMALLER CONTRACT. —The term 'separate smaller contract', with respect to a bundling of contract requirements, means a contract that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns.".