Transparency and Predictability in Small Business Opportunities Act
- Bill Number
- H.R. 789
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Passed House
- Latest Action
- 2025-06-04: Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.
- Last Updated
- 2026-07-11T11:08:27Z
AI-Generated Summary
Purpose
The "Transparency and Predictability in Small Business Opportunities Act" (H.R. 789) aims to increase transparency in federal procurement processes by requiring disclosures about cancelled solicitations (bidding opportunities) that small businesses could have participated in. It also provides support to affected small businesses to help them find alternative contracting opportunities, promoting fairness and predictability for these businesses in government contracting.
Key Provisions
- Rulemaking by the Small Business Administration (SBA): Within 180 days of enactment, the SBA Administrator must issue rules requiring federal agencies to disclose details about "covered solicitations" (procurements where at least two small businesses were eligible to bid) that are cancelled. Disclosures must include:
- A justification for the cancellation.
- Plans and timelines for reissuing the solicitation, if any.
- Plans to incorporate the solicitation's requirements into another contract or task order.
- Referral Procedures for Non-Reissued Solicitations: For cancellations without plans to reissue, agencies must establish processes to refer small businesses that prepared bids to the agency's Director of Small and Disadvantaged Business Utilization (OSBU) for help identifying similar opportunities.
- Public Accessibility: All required information must be posted on the government's single online portal for federal opportunities (SAM.gov).
- Assistance Duties for OSBU Directors: Amends the Small Business Act to require OSBU Directors to assist small businesses notified of a cancellation (without reissuance) in finding comparable contracting opportunities.
- Funding Limitation: No new funds are authorized; implementation uses existing resources.
Significant Changes to Existing Law
- Adds a new duty (paragraph 22) to Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), which outlines responsibilities for OSBU Directors in federal agencies. This expands their role from general small business advocacy to specific assistance for businesses impacted by cancelled solicitations.
- Introduces mandatory disclosure and referral rules for cancelled solicitations, which were not previously required under federal procurement laws. This builds on existing transparency requirements in the Federal Acquisition Regulation but targets small business protections more directly.
Potential Impacts
- On Government Agencies: Increases administrative burdens for documenting and disclosing cancellations, as well as referring businesses to OSBU Directors. Agencies must integrate these steps into procurement workflows without additional funding, potentially straining resources in offices handling small business programs.
- On Citizens (Small Businesses): Provides greater visibility into why bids are cancelled and access to alternative opportunities, reducing uncertainty and preparation costs for unsuccessful or affected bidders. This could help small businesses, especially disadvantaged ones, compete more effectively for federal contracts.
- On International Relations: Minimal direct impact, as the bill focuses on domestic federal procurement and small U.S. businesses; it does not address foreign entities or international trade.
Main Stakeholders Affected
- Small Businesses: Primary beneficiaries, particularly those eligible for federal set-aside contracts (e.g., women-owned, veteran-owned, or disadvantaged businesses) that invest time in preparing bids.
- Federal Agencies: Required to comply with new disclosure and referral processes, affecting procurement offices across government.
- Small Business Administration (SBA): Tasked with issuing rules and overseeing implementation.
- Directors of Small and Disadvantaged Business Utilization (OSBU): Gain expanded responsibilities to assist referred businesses.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens accountability in federal contracting under the Small Business Act by mandating procedural safeguards, potentially reducing disputes over cancellations through transparency. It aligns with broader goals of the Office of Federal Procurement Policy but does not create new enforcement mechanisms or penalties for non-compliance.
- Constitutional Implications: None significant; the bill operates within Congress's authority to regulate federal spending and commerce (Article I, Section 8), without infringing on free speech, due process, or other rights.
- Political Implications: Supports pro-small business policies, which are bipartisan priorities, by addressing perceived opacity in government contracting. The no-new-funds clause emphasizes fiscal restraint, appealing to budget-conscious lawmakers, while the 180-day rulemaking deadline ensures prompt action without delaying implementation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Latimer, George [D-NY-16]
Cosponsors (3)
Rep. Alford, Mark [R-MO-4], Rep. Mfume, Kweisi [D-MD-7], Rep. Goodlander, Maggie [D-NH-2]
Recent Actions
- 2025-06-04: Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.
- 2025-06-03: Motion to reconsider laid on the table Agreed to without objection.
- 2025-06-03: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2396)
- 2025-06-03: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2396)
- 2025-06-03: DEBATE - The House proceeded with forty minutes of debate on H.R. 789.
- 2025-06-03: Considered under suspension of the rules. (consideration: CR H2396-2398)
- 2025-06-03: Mr. Williams (TX) moved to suspend the rules and pass the bill, as amended.
- 2025-03-24: Placed on the Union Calendar, Calendar No. 24.
- 2025-03-24: Reported by the Committee on Small Business. H. Rept. 119-35.
- 2025-03-24: Reported by the Committee on Small Business. H. Rept. 119-35.
- 2025-03-05: Ordered to be Reported by the Yeas and Nays: 25 - 0.
- 2025-03-05: Committee Consideration and Mark-up Session Held
- 2025-01-28: Referred to the House Committee on Small Business.
- 2025-01-28: Introduced in House
- 2025-01-28: Introduced in House
Bill Versions
- Transparency and Predictability in Small Business Opportunities Act — issued 2025-06-03 — PDF (6 pages)
- Transparency and Predictability in Small Business Opportunities Act — issued 2025-01-28 — PDF (4 pages)
- Transparency and Predictability in Small Business Opportunities Act — issued 2025-06-04 — PDF (4 pages)
- Transparency and Predictability in Small Business Opportunities Act — issued 2025-03-24 — PDF (6 pages)