[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2138 Reported in Senate (RS)]
<DOC>
Calendar No. 287
114th CONGRESS
1st Session
S. 2138
To amend the Small Business Act to improve the review and acceptance of
subcontracting plans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6, 2015
Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
November 3, 2015
Reported by Mr. Vitter, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To amend the Small Business Act to improve the review and acceptance of
subcontracting plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Subcontracting
Transparency Act of 2015''.
SEC. 2. TRANSPARENCY IN SUBCONTRACTING GOALS.
Section 8(d)(9) of the Small Business Act (15 U.S.C. 637(d)(9)) is
amended--
(1) by striking ``(9) The failure'' and inserting the
following:
``(9) Material breach.--The failure'';
(2) in subparagraph (A), by striking ``subsection, or'' and
inserting ``subsection,'';
(3) in subparagraph (B), by striking ``subcontract,'' and
inserting ``subcontract, or''; and
(4) by moving subparagraphs (A) and (B) 2 ems to the right;
and
(45) by inserting after subparagraph (B) the following:
``(C) assurances provided under paragraph
(6)(E),''.
SEC. 3. AUTHORITY OF THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION.
Section 8(d)(11) of the Small Business Act (15 U.S.C. 637(d)(11))
is amended--
(1) by striking ``(11) In the case of'' and inserting the
following:
``(11) Authority of administration.--In the case of''; and
(2) in subparagraph (B), by striking ``, which shall be
advisory in nature,''.; and
(3) by moving subparagraphs (A), (B), and (C) 2 ems to the
right.
SEC. 4. IMPROVING SUBCONTRACTING PLANS.
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is
amended by adding at the end the following:
``(17) Review and acceptance of subcontracting plans.--
``(A) Definition.--In this paragraph, the term
`covered small business concerns' means--
``(i) small business concerns;
``(ii) qualified HUBZone small business
concerns;
``(iii) small business concerns owned and
controlled by veterans;
``(iv) small business concerns owned and
controlled by service-disabled veterans;
``(v) small business concerns owned and
controlled by socially and economically
disadvantaged individuals, as defined in
paragraph (3)(C); and
``(vi) small business concerns owned and
controlled by women.
``(B) Delayed acceptance of plan.--Except as
provided in subparagraph (E), if a procurement center
representative or commercial market representative
determines that a subcontracting plan required under
paragraph (4) or (5) fails to provide the maximum
practicable opportunity for covered small business
concerns to participate in the performance of the
contract to which the plan applies, the representative
may delay acceptance of the plan in accordance with
subparagraph (C).
``(C) Process for delayed acceptance.--
``(i) In general.--Except as provided in
clause (ii), a procurement center
representative or commercial market
representative who makes a determination under
subparagraph (B) with respect to a
subcontracting plan may delay acceptance of the
plan for a 30-day period by providing written
notice of the determination to head of the
procuring activity of the contracting agency
that includes recommendations for altering the
plan to provide the maximum practicable
opportunity described in that subparagraph.
``(ii) Exception.--In the case of the
Department of Defense--
``(I) a procurement center
representative or commercial market
representative who makes a
determination under subparagraph (B)
with respect to a subcontracting plan
may delay acceptance of the plan for a
15-day period by providing written
notice of the determination to
appropriate personnel of the Department
of Defense that includes
recommendations for altering the plan
to provide the maximum practicable
opportunity described in that
subparagraph; and
``(II) the authority of a
procurement center representative or
commercial market representative to
delay acceptance of a subcontracting
plan as provided in subparagraph (B)
does not include the authority to delay
the award or performance of the
contract concerned.
``(D) Disagreements.--If a procurement center
representative or commercial market representative
delays the acceptance of a subcontracting plan under
subparagraph (C) and does not reach agreement with the
head of the procuring activity of the contracting
agency to alter the plan to provide the maximum
practicable opportunity described in subparagraph (B)
not later than 30 days after the date on which written
notice was provided, the disagreement shall be
submitted to the head of the contracting agency by the
Administrator for a final determination.
``(E) Exception.--A procurement center
representative or commercial market representative may
not delay the acceptance of a subcontracting plan if
the head of the contracting agency certifies that the
need of the agency for the supplies or services is of
such an unusual and compelling urgency that the United
States would be seriously injured unless the agency is
permitted to accept the subcontracting plan.''.
SEC. 5. GOOD FAITH COMPLIANCE.
Not later than 270 days after the date of enactment of this Act,
the Administrator of the Small Business Administration shall issue
regulations providing examples of activities that would be considered a
failure to make a good faith effort to comply with the requirements
imposed on an entity, other than a small business concern, (as defined
in section 3 of the Small Business Act (15 U.S.C. 632)), that is
awarded a prime contract containing the clauses required under
paragraphs paragraph (4) or (5) of section 8(d) of the Small Business
Act (15 U.S.C. 637(d)).
Calendar No. 287
114th CONGRESS
1st Session
S. 2138
_______________________________________________________________________
A BILL
To amend the Small Business Act to improve the review and acceptance of
subcontracting plans, and for other purposes.
_______________________________________________________________________
November 3, 2015
Reported with amendments