Transparency and Predictability in Small Business Opportunities Act
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Would require the Small Business Administration to issue rules ensuring that when a federal contract solicitation open to small businesses is cancelled, the agency must publicly disclose why, share plans to reissue or absorb the work elsewhere, and help small businesses that prepared bids find similar opportunities.
The measure would give small businesses that invested time and resources in a bid more transparency and a clearer path forward if a solicitation disappears, addressing a gap that can leave small contractors without explanation or next steps.
What this bill would do
What it would do
The bill would direct the SBA Administrator to issue rules, within 180 days of enactment, governing cancelled "covered solicitations" — federal procurement solicitations for which two or more small businesses were eligible to bid. The rules would require agencies to publicly disclose three things when cancelling such a solicitation: a justification for the cancellation, any plans and timelines for reissuing it, and any plans to fold its requirements into another contract or task order. The required disclosures would be published on the government-wide contract opportunity portal.
For solicitations that an agency does not plan to reissue, the rules would also require procedures to refer small businesses that prepared bids to the agency's Office of Small and Disadvantaged Business Utilization for help finding similar contracting opportunities. The bill also amends the Small Business Act to formally add that assistance duty to the OSDBU Director's statutory responsibilities. No additional funds are authorized.
Key provisions
- 1Would require the SBA Administrator to issue rules within 180 days mandating disclosure of justifications, reissuance plans, and timeline information when a covered solicitation is cancelled.
- 2Would require cancelled solicitation disclosures to be published publicly on the government-wide federal contract opportunity portal.
- 3Would require SBA rules to establish procedures for referring small businesses that prepared bids for cancelled, non-reissued solicitations to the agency's OSDBU Director for contracting assistance.
- 4Would amend the Small Business Act to formally add assisting small businesses with finding similar opportunities after a solicitation cancellation to the OSDBU Director's statutory duties.
- 5Would explicitly prohibit any additional appropriations to carry out the bill's requirements.
Who would be affected
Small businesses that prepare bids for federal contracts and then face cancellations without explanation or follow-up. Federal agencies that issue and cancel procurements open to small businesses. The SBA Administrator, who must draft the implementing rules. Directors of Offices of Small and Disadvantaged Business Utilization at federal agencies, who would gain a new formal duty to assist affected small businesses.
Why it matters
Small businesses that invest significant time and money preparing federal contract bids currently have no guaranteed right to know why a solicitation was cancelled or what happens next. If enacted, they would receive a documented explanation, information about future opportunities tied to the same work, and a direct referral for procurement counseling — reducing wasted effort and improving their ability to pursue federal contracting.
What would change
Changes to existing law
Amends Small Business Act, 15 U.S.C. § 644(k) (Sec. 3)
Adds a new paragraph (22) requiring OSDBU Directors to help small businesses identify similar contracting opportunities when a solicitation for which they bid is cancelled and not reissued.
Agencies directed to act
Effective dates
- SBA Administrator must issue implementing rules for cancelled covered solicitations
Funding and costs
Congressional Budget Office estimate
CBO estimates that implementing H.R. 789 would cost less than $500,000 over the 2025–2030 period, subject to the availability of appropriated funds.
CBO estimates that H.R. 789 would cost less than $500,000 in discretionary spending (funding that requires future congressional appropriations) over the 2025–2030 period. The bill would require the Small Business Administration (SBA) to disclose and publish on a single website any new rules for canceling certain small-business contracting solicitations, including justifications for cancellations, timeframes for reissuing them, and information on similar opportunities. Because the SBA already maintains a website posting similar information, CBO expects only minimal additional costs to comply. CBO did not identify any intergovernmental or private-sector mandates in the bill.
How implementation would work
The SBA Administrator must promulgate implementing rules within 180 days of enactment. Those rules would bind federal agencies, requiring them to post cancellation justifications and reissuance plans on the government-wide contract portal. Agencies would also follow SBA-established referral procedures to route affected small businesses to their OSDBU Director. The OSDBU Directors' new statutory duty is self-executing upon enactment of the Small Business Act amendment. No new appropriations are authorized, so compliance would be carried out within existing agency resources.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires the Small Business Administration (SBA) to issue rules for disclosing information about federal contract solicitations for which small businesses were eligible and that were issued and cancelled.
Under the rules for such a solicitation, an agency must provide (1) a justification for the cancellation, (2) information about any plans to reissue the solicitation and any associated time frames, and (3) information about any plans to include the requirements of the solicitation in another contract or task order of the agency.
Additionally, for such solicitations that an agency does not intend to reissue, the SBA must provide procedures for the agency to refer a small business that prepared a bid for such covered solicitation to the Office of Small and Disadvantaged Business Utilization for assistance in identifying similar contracting opportunities.
Legislative subjects
Commerce; Government information and archives; Public contracts and procurement; Rule of law and government transparency; Small business
Committee report
H. Rept. 119-35