111 S3772 IS: Simplifying Subcontracting Act U.S. Senate 2024-02-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 3772IN THE SENATE OF THE UNITED STATESFebruary 8 (legislative day, February 7), 2024Mr. Risch (for himself, Mr. Hickenlooper, Mr. Budd, Mr. Crapo, Mr. Kennedy, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipA BILLTo amend the Small Business Act to require that plain writing statements regarding the solicitation of subcontractors be included in certain subcontracting plans, and for other purposes.

1.

Short title

This Act may be cited as the Simplifying Subcontracting Act.

2.

Plain writing application requirements for solicitation of subcontractors

(a)

In general

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended—(1)in paragraph (6)—(A)in subparagraph (H)(ii), by striking and at the end;(B)in subparagraph (I)(ii), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(J)a representation that—(i)the offeror or bidder will communicate all solicitations of subcontracts in plain writing (as defined in section 3 of the Plain Writing Act of 2010 (Public Law 111–274; 124 Stat. 2861)) so that the solicitation is easily understood by small business concerns seeking to obtain a subcontracting opportunity from the offeror or bidder; and(ii)the offeror or bidder will include the plain writing requirement described in clause (i) in all subcontracts that offer subcontracting opportunities.; and(2)by adding at the end the following:(18)

Compliance with plain writing requirement

If the Administrator determines that a prime contractor failed to communicate any solicitation of a subcontract in plain writing in accordance with paragraph (6)(J), the prime contractor shall communicate a new solicitation of the subcontract in plain writing not later than 30 days after the date on which the Administrator made that determination..(b)

Rulemaking

Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall promulgate regulations to carry out paragraphs (6)(J) and (18) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)), as added by subsection (a).