H.R. 789 — Transparency and Predictability in Small Business Opportunities Act

This section directs the Administrator of the Small Business Administration, not later than 180 days after the date of enactment, to issue rules that (1) require disclosure of information about a cancelled covered solicitation—including the justification for cancellation, any plans and timeframes to reissue it, and any plans to include its requirements in another contract or task order—and (2) for covered solicitations not intended for reissuance, establish procedures to refer small business concerns (as defined in 15 U.S.C. 632) that prepared bids to the relevant federal agency's Director of Small and Disadvantaged Business Utilization for assistance identifying similar contracting opportunities. (A covered solicitation is a federal procurement solicitation for which two or more small business concerns were eligible to submit a bid.) The required information must be made publicly accessible on the single government-wide point of entry under 41 U.S.C. 1708 (i.e., SAM.gov).

This section adds to the duties of Directors of Offices of Small and Disadvantaged Business Utilization by requiring them, upon notification by a small business concern that prepared a bid for a cancelled federal solicitation not intended to be reissued, to assist the concern in identifying similar contracting opportunities. (Thus, these offices—which promote small business participation in federal contracting—must now help affected small businesses mitigate costs from unrewarded bid preparation.)