H.R.789 - Transparency and Predictability in Small Business Opportunities Act (119th Congress)
Summary
H.R.789, the "Transparency and Predictability in Small Business Opportunities Act," aims to improve transparency and assistance for small businesses when federal solicitations are cancelled. It requires the Small Business Administration (SBA) to issue rules for disclosing information about cancelled covered solicitations, including justifications for cancellation and plans for reissuance. The bill also amends the Small Business Act to require Directors of Offices of Small and Disadvantaged Business Utilization to assist small businesses in identifying similar contracting opportunities when a solicitation is cancelled and not reissued.
This act mandates that information regarding cancelled solicitations be publicly accessible. No additional funds are authorized to carry out the requirements of this act.
Overall, the bill seeks to mitigate the negative impacts of cancelled solicitations on small businesses by providing them with more information and support.
Expected Effects
The act will likely increase transparency in federal contracting by requiring agencies to disclose reasons for cancelling solicitations. Small businesses may benefit from increased assistance in finding alternative contracting opportunities.
This could lead to more efficient use of resources by small businesses, as they will have better information to guide their bidding strategies. The act may also foster greater trust between small businesses and the federal government.
However, the lack of additional funding could limit the effectiveness of the new requirements, as agencies may struggle to implement them without dedicated resources.
Potential Benefits
- Increased Transparency: Small businesses will have access to information about why solicitations are cancelled.
- Improved Planning: Knowing the reasons for cancellation and potential reissuance plans allows small businesses to plan better.
- Targeted Assistance: Referral to the Director of Small and Disadvantaged Business Utilization provides tailored support.
- Wider Awareness: Publicly accessible information promotes broader awareness of contracting opportunities and cancellations.
- Better Resource Allocation: Small businesses can avoid wasting resources on solicitations that are unlikely to proceed.
Potential Disadvantages
- No Additional Funding: The lack of additional funding may hinder effective implementation.
- Potential Bureaucracy: New rules could create additional administrative burdens for agencies.
- Limited Scope: The act only addresses cancelled solicitations, not other challenges faced by small businesses.
- Information Overload: Publicly available information could become overwhelming if not properly organized.
- Enforcement Challenges: Ensuring compliance with the new rules may be difficult without dedicated resources.
Constitutional Alignment
The bill appears to align with the spirit of promoting the general welfare (Preamble) by supporting small businesses. Congress has the power to regulate commerce (Article I, Section 8), which includes setting rules for federal contracting.
The bill does not appear to infringe on any specific constitutional rights or limitations. The requirement for transparency and assistance to small businesses seems consistent with the principles of fairness and equal opportunity.
However, the lack of additional funding could raise concerns about the effectiveness of the legislation, potentially undermining its intended benefits.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).