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CosmeticWhat changed in REFERRED IN SENATEcompared with ENGROSSED IN HOUSE (Jun 3, 2025)

Technical corrections only. The changes between v3 and v4 reflect the bill's procedural progression from the House to the Senate, including updated legislative status and attestation details. No substantive policy changes were made to the bill's text.

H.R. 789·119th Congress·Introduced Jan 28, 2025

Transparency and Predictability in Small Business Opportunities Act

Passed HouseCommerceSubstantive
View bill text
Sponsor
Rep. Latimer, George [D-NY-16]
Committees
Small Business and Entrepreneurship Committee (primary)
Last action
Jun 4, 2025

Bottom line

The bill enhances transparency and provides direct assistance to small businesses impacted by cancelled federal procurement solicitations, aiming to reduce uncertainty and mitigate lost bid preparation efforts.

What it actually does

This bill requires the Small Business Administration (SBA) to issue rules mandating federal agencies to disclose justifications for cancelling certain solicitations, along with plans for reissuance or integration into other contracts. It also establishes procedures for referring small businesses affected by cancelled solicitations to agency Directors of Small and Disadvantaged Business Utilization (OSDBUs) for assistance in finding new opportunities, and explicitly adds this assistance as a duty for OSDBU Directors.

Proponents argue

Supporters argue that this bill will significantly improve predictability and fairness for small businesses seeking federal contracts. By requiring agencies to justify cancellations and provide future plans, small businesses can better allocate their resources and avoid wasted effort. The direct assistance from OSDBU directors will help these businesses quickly identify new opportunities, fostering a more resilient and transparent federal contracting environment.

Opponents contend

Critics might contend that the new disclosure requirements could impose an additional administrative burden on federal agencies, potentially slowing down procurement processes. While the intent is positive, requiring detailed justifications and future plans for every cancelled solicitation could divert resources from other critical agency functions, especially given the explicit statement that no additional funds are authorized.

The bill is very short and clearly written, making it highly accessible for any reader to understand its provisions and implications quickly.

Section 2(a)(1)

Mandating Disclosure for Cancelled Solicitations

prominently featuredstraightforward

This provision requires the Administrator of the Small Business Administration (SBA) to issue rules within 180 days of enactment. These rules will compel federal agencies to publicly disclose specific information when a 'covered solicitation' (one where two or more small businesses were eligible to bid) is cancelled. The required information includes the justification for cancellation, any plans for reissuing the solicitation with associated timeframes, and any intentions to incorporate the solicitation's requirements into another contract or task order.

GroupImpactMechanismScale
GroupSmall business concernsImpactIncreased transparency and predictability in federal contracting opportunities.MechanismPublic disclosure of reasons for cancellation and future plans for procurement requirements.ScaleApplies to all small businesses bidding on federal 'covered solicitations'.
GroupFederal agenciesImpactIncreased administrative burden and enhanced accountability in procurement processes.MechanismRequirement to document and publish detailed justifications and future plans for cancelled solicitations.ScaleApplies to all federal agencies issuing 'covered solicitations'.

Supporters argue

Proponents argue that this disclosure requirement will reduce uncertainty for small businesses, allowing them to make more informed decisions about where to invest their time and resources in preparing bids. It promotes fairness by providing clarity on why opportunities are withdrawn and what might replace them.

Critics contend

Opponents might argue that requiring detailed justifications and future plans for every cancelled solicitation could create an undue administrative burden on federal agencies, potentially slowing down critical procurement processes. There could also be concerns about revealing sensitive strategic information prematurely.

Tradeoffs

This provision balances the need for greater transparency and predictability for small businesses against the potential for increased administrative overhead and reduced flexibility for federal agencies in managing their procurement pipelines.

Section 2(a)(2) and Section 3

Referral to OSDBU for Alternative Opportunities

prominently featuredstraightforward

This provision mandates the SBA to establish procedures for referring small businesses to the Director of Small and Disadvantaged Business Utilization (OSDBU) of the relevant federal agency. This referral occurs when a small business has prepared a bid for a cancelled 'covered solicitation' that the agency does not intend to reissue. Section 3 further amends the Small Business Act to explicitly make assisting such concerns with identifying similar contracting opportunities a statutory duty for OSDBU Directors.

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.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
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