S.Amdt. 2286

1. Adds SEC. 1082. CREDIT FOR CERTAIN SUBCONTRACTORS at the end of subtitle H of title X

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (e) Date for Submittal of Comptroller General of the United States Report.--Subsection (d) of such section is amended by striking "December 30, 2013" and inserting "December 31, 2014".

   Inserted: SEC. 1082. CREDIT FOR CERTAIN SUBCONTRACTORS.

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

   Inserted: "(16) Credit for certain subcontractor.--

   Inserted: "(A) In general.--For purposes of determining whether a prime contractor has attained the percentage goals specified in paragraph (6)--

   Inserted: "(i) if the subcontracting goals pertain only to a single contract with an executive agency, the prime contractor shall receive credit for a small business concern performing as a first tier subcontractor or a subcontractor at any tier under the subcontracting plans required under paragraph (6)(D), in an amount equal to the dollar value of work awarded to the small business concern; and

   Inserted: "(ii) if the subcontracting goals pertain to more than 1 contract with 1 or more executive agencies, or to 1 contract with more than 1 executive agency, the prime contractor shall only receive credit for a small business concern that is a first tier subcontractor, in an amount equal to the dollar value of work awarded to the small business concern.

   Inserted: "(B) Rule of construction.--Nothing in subparagraph (A) shall be construed to limit the responsibility of a prime contractor to provide the maximum practicable opportunities for participation by small business concerns as first tier subcontractors."

   Inserted: (b) Definitions Pertaining to Subcontracting.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:

   Inserted: "(dd) Definitions Pertaining to Subcontracting.--In this Act:

   Inserted: "(1) At any tier.--The term 'at any tier' means any subcontractor that is not a first tier subcontractor.

   Inserted: "(2) First tier subcontractor.--The term 'first tier subcontractor' means a subcontractor who has a subcontract directly with the prime contractor.

   Inserted: "(3) Subcontract.--The term 'subcontract' means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, for the third party to perform a part, or all, of the work that the contractor has undertaken.

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   Inserted: "(4) Subcontractor.--The term 'subcontractor' means any a third party entering a subcontract.".

   Inserted: (c) Implementation and Effective Date.--

   Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Armed Services of the Senate and the Committee on Small Business and the Committee on Armed Services of the House of Representatives a plan to--

   Inserted: (A) implement this section and the amendments made by this section; and

   Inserted: (B) ensure that the appropriate tracking mechanisms are in place to enable transparency of subcontracting activities at all tiers.

   Inserted: (2) Completion.--Not later 180 days after the date on which the plan described in paragraph (1) is submitted, the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall complete the actions required by the plan.

   Inserted: (3) Regulations.--Not later than 1 year after the date on which the actions required under the plan described in paragraph (1) are completed, the Administrator of the Small Business Administration and the Federal Acquisition Council shall promulgate any regulations necessary to implement this section and the amendments made by this section.

   Inserted: (4) Application.--Any regulations promulgated under paragraph (3) shall not apply to any contract entered into before the first day of the first full fiscal year after the date on which the regulations are promulgated.

   Inserted: (d) GAO Study on Subcontracting Reporting Systems.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report studying the feasibility of using Federal subcontracting reporting systems (including the Federal subaward reporting system required by section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) and any electronic subcontracting reporting award system used by the Small Business Administration) to attribute subcontractors to particular contracts in the case of contractors that have subcontracting plans under section 8(d) of the Small Business Act that pertain to multiple contracts with executive agencies.

   Original wording

   At the end of subtitle H of title X, add the following:

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As printed