S.Amdt. 191

1. Adds SEC. 3__. SUBCONTRACTOR NOTIFICATIONS at the end of title III

   Adds a section

   In S. 493 · Reported to Senate

   "(2) Simplification of application and award process.--Not later than one year after the date of enactment of this paragraph, and after a period of public comment, the Administrator shall issue regulations or guidelines, taking into consideration the unique needs of each Federal agency, to ensure that each Federal agency required to carry out an SBIR program or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance, and audit procedures for the SBIR program or STTR program of the Federal agency (including procedures relating to overhead rates for applicants and documentation requirements) to reduce the paperwork and regulatory compliance burden on small business concerns applying to and participating in the SBIR program or STTR program.".

   Inserted: SEC. 3__. SUBCONTRACTOR NOTIFICATIONS.

   Inserted: Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following:

   Inserted: "(13) Notification Requirement.--

   Inserted: "(A) In general.--An offeror with respect to a contract let by a Federal agency that is to be awarded pursuant to the negotiated method of procurement that intends to identify a small business concern as a potential subcontractor in the offer relating to the contract shall--

   Inserted: "(i) notify the small business concern that the offeror intends to identify the small business concern as a potential subcontractor in the offer; and

   Inserted: "(ii) include with the offer a written acknowledgment by the small business concern that the small business concern has received the notice required under clause (i).

   Inserted: "(B) Penalties.--If an offeror fails to notify a small business concern under subparagraph (A)(i), the head of the Federal agency that let the contract described in subparagraph (A) shall--

   Inserted: "(i) for the first such failure by the offeror, fine the offeror, in an amount equal to 20 percent of the value of the contract;

   Inserted: "(ii) for the second such failure by the offeror--

   Inserted: "(I) fine the offeror, in an amount equal to 50 percent of the value of the contract; and

   Inserted: "(II) debar the offeror from contracting with the United States for a period of 1 year; and

   Inserted: "(iii) for the third such failure by the offeror, debar the offeror from contracting with the United States.

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   Inserted: "(14) Reporting by Subcontractors.--The Administrator shall establish a reporting mechanism that allows a subcontractor to report fraudulent activity by a contractor with respect to a subcontracting plan submitted to a procurement authority under paragraph (4)(B).".

   Original wording

   At the end of title III, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed