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2 versions
SubstantiveWhat changed in REPORTED IN HOUSEcompared with INTRODUCED IN HOUSE (Apr 9, 2025)
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A substantive modification. The short title year was updated from 2025 to 2026. More significantly, v2 narrows the application of the "Rule of Two" by explicitly excluding delivery orders and task orders from the definition of "covered contract," thereby limiting the types of contracts that must be reserved for small businesses.

H.R. 2804·119th Congress·Introduced Apr 9, 2025

Protecting Small Business Competitions Act of 2026

Reported To HouseCommerceMajor
View bill text
Sponsor
Rep. Velázquez, Nydia M. [D-NY-7]
Committees
Small Business Committee (primary)
Last action
Jul 2, 2026

Bottom line

The bill provides statutory backing for the long-standing 'Rule of Two' in federal contracting, aiming to strengthen opportunities for small businesses while maintaining flexibility for certain contract types.

What it actually does

This bill amends the Small Business Act to statutorily codify the 'Rule of Two,' requiring federal contracting officers to reserve contracts for small business concerns when they reasonably expect to receive offers from two or more responsible small businesses at a fair market price. This requirement applies to contracts for goods or services with an anticipated value greater than the simplified acquisition threshold, but explicitly excludes delivery orders and task orders.

Proponents argue

Proponents argue that codifying the 'Rule of Two' provides greater certainty and legal enforceability to a crucial policy designed to ensure small businesses receive a fair share of federal contracts. This measure is seen as vital for fostering competition, supporting economic growth, and creating jobs within the small business sector across the nation.

Opponents contend

While direct opposition to codifying an existing regulatory practice is limited, some critics might contend that the explicit exclusion of delivery and task orders from the codified rule could diminish its overall impact on small business opportunities, potentially allowing a significant portion of federal contracting to remain outside its direct mandate.

The bill is exceptionally short and clear, making it very accessible for any reader to understand its core provisions and implications quickly.

Section 2, amending Section 15(j) of the Small Business Act (15 U.S.C. 644(j))

Codification of the Rule of Two for Covered Contracts

prominently featuredstraightforward

This provision mandates that federal agencies must set aside contracts for small businesses if the contract's value is above a certain threshold (the simplified acquisition threshold) and the contracting officer expects to receive at least two competitive bids from responsible small businesses at a fair market price. This makes a long-standing regulatory practice a statutory requirement, providing it with stronger legal authority.

GroupImpactMechanismScale
GroupSmall Business ConcernsImpactPositiveMechanismIncreased statutory protection for contract set-asidesScaleBroad, affecting all federal contracting opportunities above the simplified acquisition threshold
GroupFederal Contracting AgenciesImpactProcedural clarificationMechanismMandatory adherence to the Rule of Two as a statutory requirementScaleSystemic, affecting all relevant contracting decisions
GroupLarge BusinessesImpactPotentially negativeMechanismReduced access to certain federal contracts now statutorily reserved for small businessesScaleModerate, depending on the volume of contracts affected

Supporters argue

Supporters argue that codifying the 'Rule of Two' ensures that small businesses have a consistent and legally robust pathway to compete for federal contracts, which is essential for their growth and contribution to the national economy. It reinforces the government's commitment to utilizing small business innovation and efficiency.

Critics contend

While the 'Rule of Two' is a widely accepted practice, some might argue that codifying it could, in specific niche areas, potentially limit the pool of available contractors, possibly affecting the government's ability to procure highly specialized goods or services from the broadest market, though this concern is often mitigated by the 'fair market price' clause.

Tradeoffs

The provision balances the objective of maximizing small business participation in federal contracting with the need for agencies to procure goods and services efficiently. It seeks to provide a clear mandate for small business set-asides while implicitly acknowledging the need for flexibility in certain contracting scenarios.

FOUND

The term 'covered contract' for which the Rule of Two applies explicitly 'does not include a delivery order or a task order.'

Section 2, new paragraph (4)(B) of Section 15(j) of the Small Business Act

Why it matters:This is a standard legislative practice to define the scope of applicability, but it significantly narrows the practical effect of the codification compared to if it applied universally to all contract actions, including those under existing indefinite-delivery/indefinite-quantity (IDIQ) contracts.

Case for: Proponents of this exclusion would argue that it prevents disruption to existing, often complex, contracting vehicles that rely heavily on task and delivery orders. It allows agencies to maintain flexibility and efficiency in executing contracts under established frameworks, avoiding potential administrative burdens or delays that a universal application might cause.

Case against: Critics might argue that this exclusion significantly weakens the bill's stated intent to expand opportunities for small businesses. By exempting a large segment of federal contracting (task and delivery orders), it could limit the practical impact of the codification, potentially leaving many small businesses without the enhanced protections for these types of awards.

Estimated impact: This exclusion means that a substantial portion of federal contract spending, often executed through task and delivery orders, will not be directly subject to the newly codified 'Rule of Two.' This could temper the overall increase in small business opportunities that might otherwise be expected from a full codification.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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