3.0.0 3893 2022-03-02T05:47:18Z 2022-03-02T05:47:18Z House H HR 2012-02-02 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. MULVANEY:H.R. 3893.Congress has the power to enact this legislation pursuantto the following:The Congress enacts this bill pursuant to Clause 1 ofSection 8 of Article I of the United States Constitution,which provides Congress with the ability to enact legislationnecessary and proper to effectuate its purposes in taxing andspending.____________________[Page H440]]]> hsgo00 Oversight and Accountability Committee House Standing Discharged from 2012-12-27T20:31:44Z Referred to 2012-02-02T15:01:30Z hssm00 Small Business Committee House Standing Reported by 2012-12-27T19:35:12Z Markup by 2012-03-07T21:08:29Z Referred to 2012-02-02T15:01:25Z H. Rept. 112-731 National Defense Authorization Act for Fiscal Year 2013 112 4310 HR 2013-01-02 Became Public Law No: 112-239. Related bill CRS 2012-12-27 Placed on the Union Calendar, Calendar No. 534. Calendars H12410 2 House floor actions U00534 2012-12-27 Committee on Oversight and Government discharged. Discharge H12300 2 House floor actions hsgo00 Oversight and Accountability Committee 2012-12-27 Committee on Oversight and Government discharged. Committee 5500 9 Library of Congress hsgo00 Oversight and Accountability Committee 2012-12-27 Reported (Amended) by the Committee on Small Business. H. Rept. 112-731, Part I. Committee H12200 2 House floor actions hssm00 Small Business Committee 2012-12-27 Reported (Amended) by the Committee on Small Business. H. Rept. 112-731, Part I. Committee 5000 9 Library of Congress hssm00 Small Business Committee 2012-03-07 hssm00 Small Business Committee 1 House committee actions Ordered to be Reported by Voice Vote. Committee 2012-03-07 hssm00 Small Business Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2012-02-02 Referred to the Committee on Small Business, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsgo00 Oversight and Accountability Committee 2012-02-02 Referred to the Committee on Small Business, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hssm00 Small Business Committee 2012-02-02 Introduced in House IntroReferral Intro-H 9 Library of Congress 2012-02-02 Introduced in House IntroReferral 1000 9 Library of Congress M001182 Rep. Mulvaney, Mick [R-SC-5] Mick Mulvaney R SC 5 N H001051 Rep. Hanna, Richard L. [R-NY-24] Richard Hanna R NY L. 24 2012-02-14 False W000811 Rep. Walsh, Joe [R-IL-8] Joe Walsh R IL 8 2012-02-14 False C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2012-02-27 False G000546 Rep. Graves, Sam [R-MO-6] SAM GRAVES R MO 6 2012-02-27 False W000807 Rep. West, Allen B. [R-FL-22] Allen West R FL B. 22 2012-03-05 False S001182 Rep. Schilling, Robert T. [R-IL-17] Robert Schilling R IL T. 17 2012-03-06 False T000470 Rep. Tipton, Scott R. [R-CO-3] Scott Tipton R CO R. 3 2012-03-06 False E000291 Rep. Ellmers, Renee L. [R-NC-2] Renee Ellmers R NC L. 2 2012-03-06 False K000220 Rep. Kingston, Jack [R-GA-1] JACK KINGSTON R GA 1 2012-04-16 False H.R.4310 https://www.congress.gov/bill/112th-congress/house-bill/4310 Commerce Administrative law and regulatory procedures Administrative remedies Business records Contracts and agency Government information and archives Minority and disadvantaged businesses Public contracts and procurement Small Business Administration Small business Veterans' education, employment, rehabilitation Women in business Commerce 00 2012-02-02 Introduced in House 2012-03-07T16:10:15Z Subcontracting Transparency and Reliability Act of 2012 - Amends the Small Business Act to prohibit a small business receiving a guaranteed loan through the Small Business Administration (SBA) from expending more on subcontractors than: (1) 50% of the loan amount received, in case of a contract for services other than construction; (2) 85%, in the case of a contract for general construction; (3) 75%, in case of a contract for construction by a special trade contractor; and (4) 50%, in the case of a contract for supplies (other than from a regular dealer in such supplies). Requires the small business, in case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver. Authorizes the SBA Administrator to: (1) modify the above percentage limits when necessary to reflect conventional industry practices; and (2) establish a subcontractor percentage limit for contracts not covered by (1) through (4), above. Provides penalties for violations of such limits.

Requires each subcontracting plan submitted to federal agencies to contain assurances that the offeror or bidder will: (1) report on subcontracting activities throughout the life of the contract, and (2) cooperate with any study or survey required by the federal agency or SBA to determine the extent of compliance with the subcontracting plan. Directs the Administrator to ensure that the federal subcontracting reporting system to which such reports are submitted is modified to notify the Administrator, the appropriate contracting officer, and the appropriate Director of Small and Disadvantaged Business Utilization if an entity fails to submit a required report. Makes such failure a breach of contract for which appropriate action may be taken.

Provides that if an agency procurement center or commercial market representative determines that a subcontracting plan fails to provide the maximum practicable opportunity for small businesses to participate, such representative may delay acceptance of the plan for a 30-day period for plan alteration.

Allows a federal agency to convert a function from performance by a small business to performance by a federal employee only if: (1) the agency has made publicly available the procedures for such a decision, and (2) the procedures require such decisions to be reviewed by the appropriate Office of Small and Disadvantaged Business Utilization and procurement representative.

]]> 18 2012-12-27 Reported to House amended, Part I 2013-02-06T19:47:10Z Subcontracting Transparency and Reliability Act of 2012 - Title I: Limitations on Subcontracting - (Sec. 101) Amends the Small Business Act to prohibit a small business receiving a guaranteed loan through the Small Business Administration (SBA) from expending more on subcontractors than: (1) 50% of the loan amount received, in case of a contract for services; and (2) 50%, in the case of a contract for supplies (other than from a regular dealer in such supplies). Requires the small business, in case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver. Authorizes the SBA Administrator to: (1) modify the above percentage limits when necessary to reflect conventional industry practices; and (2) establish a subcontractor percentage limit for general and specialty construction and contracts not covered by (1) and (2), above.

(Sec. 102) Provides penalties for violations of such limits.

Title II: Subcontracting Plans - (Sec. 201) Requires each subcontracting plan submitted to federal agencies to contain assurances that the offeror or bidder will: (1) report on subcontracting activities throughout the life of the contract, and (2) cooperate with any study or survey required by the federal agency or SBA to determine the extent of compliance with the subcontracting plan. Directs the Administrator to ensure that the federal subcontracting reporting system to which such reports are submitted is modified to notify the Administrator, the appropriate contracting officer, and the appropriate Director of Small and Disadvantaged Business Utilization if an entity fails to submit a required report. Makes such failure a breach of contract for which appropriate action may be taken.

Provides that if an agency procurement center or commercial market representative determines that a subcontracting plan fails to provide the maximum practicable opportunity for small businesses to participate, such representative may delay acceptance of the plan for a 30-day period for plan alteration.

(Sec. 202) Requires public notices of small business subcontracting opportunities under federal procurement contracts to be posted on the appropriate federal website (under current law, required to be posted in the Commerce Business Daily).

Title III: Insourcing - (Sec. 302) Allows a federal agency to convert a function from performance by a small business to performance by a federal employee only if: (1) the agency has made publicly available the procedures for such a decision, and (2) the procedures require such decisions to be reviewed by the appropriate Office of Small and Disadvantaged Business Utilization and procurement representative.

]]> Subcontracting Transparency and Reliability Act of 2012 Short Titles as Reported to House Subcontracting Transparency and Reliability Act of 2012 H House Short Titles as Introduced Subcontracting Transparency and Reliability Act of 2012 Display Title Subcontracting Transparency and Reliability Act of 2012 Official Title as Introduced To amend the Small Business Act with respect to subcontracting and insourcing, and for other purposes. Reported in House 2012-12-27T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr3893rh/xml/BILLS-112hr3893rh.xml Introduced in House 2012-02-02T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr3893ih/xml/BILLS-112hr3893ih.xml 2012-12-27 Placed on the Union Calendar, Calendar No. 534. 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. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.