On September 14, 2009, Rep. Parker Griffith (D-AL) introduced a bill in the House that would allow small business contractors that have outgrown that status because of a government contract to compete as a small business when the contract is re-competed. H.R. 3558, 111th Cong. (2009).

Under the "Small Business Fair Competition Act," incumbent contractors would be eligible to re-compete for the proposed contract as a small business if the incumbent contractor:

  • Was a small business at the time of initial award of the incumbent contract;
  • Is no longer a small business at the time of the solicitation; and
  • Will revert back to being a small business (as defined in the solicitation) if not awarded the proposed contract.

The incumbent contractor would be permitted to compete for the work only "if the goods or services being provided or performed under the proposed contract are substantially the same as the goods or services being provided or performed under a current contract."

The bill has been referred to the Committee on Small Business and the Committee on Oversight and Government Reform.