3.0.0 2138 2023-01-11T13:29:18Z 2023-01-11T13:29:18Z Senate S 2015-10-06 114 sssb00 Small Business and Entrepreneurship Committee Senate Standing Reported by 2015-11-03T16:16:35Z Markup by 2015-10-07T15:08:34Z Referred to 2015-10-06T16:47:58Z S. Rept. 114-415 Service Provider Opportunity Clarification Act of 2015 114 4284 HR 2016-04-20 Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship. Related bill CRS Defending America's Small Contractors Act of 2016 114 4341 HR 2016-07-25 Placed on the Union Calendar, Calendar No. 545. Related bill CRS 2016-12-20 sssb00 Small Business and Entrepreneurship Committee Senate By Senator Vitter from Committee on Small Business and Entrepreneurship filed written report under authority of the order of the Senate of 12/10/2016. Report No. 114-415. Floor 2016-12-20 By Senator Vitter from Committee on Small Business and Entrepreneurship filed written report under authority of the order of the Senate of 12/10/2016. Report No. 114-415. Committee 14900 9 Library of Congress sssb00 Small Business and Entrepreneurship Committee 2015-11-03 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 287. Calendars 2015-11-03 sssb00 Small Business and Entrepreneurship Committee Senate Committee on Small Business and Entrepreneurship. Reported by Senator Vitter with amendments. Without written report. Committee 2015-11-03 Committee on Small Business and Entrepreneurship. Reported by Senator Vitter with amendments. Without written report. Committee 14000 9 Library of Congress sssb00 Small Business and Entrepreneurship Committee 2015-10-07 sssb00 Small Business and Entrepreneurship Committee Senate Committee on Small Business and Entrepreneurship. Ordered to be reported with amendments favorably. Committee 2015-10-06 sssb00 Small Business and Entrepreneurship Committee Senate Read twice and referred to the Committee on Small Business and Entrepreneurship. IntroReferral 2015-10-06 Introduced in Senate IntroReferral 10000 9 Library of Congress V000127 Sen. Vitter, David [R-LA] David Vitter R LA N 2016-10-25T20:01:00Z S. 2138, Small Business Subcontracting Transparency Act of 2015 https://www.cbo.gov/publication/52134 As reported by the Senate Committee on Small Business and Entrepreneurship on November 3, 2015 Commerce Administrative law and regulatory procedures Disability and paralysis Economic development Minority and disadvantaged businesses Public contracts and procurement Small Business Administration Small business Veterans' education, employment, rehabilitation Women in business Commerce 00 2015-10-06 Introduced in Senate 2016-01-15T15:09:45Z Small Business Subcontracting Transparency Act of 2015

This bill amends the Small Business Act to revise requirements with respect to the Small Business Administration (SBA) review and acceptance of subcontracting plans.

If a contractor or subcontractor fails to comply in good faith with assurances for the submission of periodic reports and cooperate in any studies or surveys required by the federal agency or the SBA to determine the extent of compliance with the contracting plan, such failure shall be a material breach of the contract or subcontract and may be considered in any past performance evaluation of the contractor.

The bill eliminates the limitation that SBA findings submitted to an appropriate federal agency after review of solicitations for procurement contracts be "advisory in nature."

A federal agency's procurement center representative (PCR) or commercial market representative (CMR) may delay acceptance of a subcontracting plan for 30 days if the PCR or CMR determines that it fails to provide the maximum practicable opportunity for certain covered small businesses to participate in the performance of the applicable contract. The written notice of such determination to the contracting agency's head of the procuring activity must include recommendations for altering the plan to provide the maximum practicable opportunity.

In the case of a Department of Defense PCR or CMR, the acceptance may be delayed for only 15 days. This delayed acceptance authority, however, does not include delay of the award or performance of the contract.

A PCR or CMR may not delay acceptance of a subcontracting plan if the head of the contracting agency certifies that the agency's need 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.

The SBA 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 any entity (other than a small business) awarded a prime contract exceeding a certain amount that contains certain required SBA clauses regarding subcontracting plans.

]]> 01 2015-11-03 Reported to Senate with amendment(s) 2016-01-15T15:08:34Z Small Business Subcontracting Transparency Act of 2015

(Sec. 2) This bill amends the Small Business Act to revise requirements with respect to the Small Business Administration (SBA) review and acceptance of subcontracting plans.

If a contractor or subcontractor fails to comply in good faith with assurances for the submission of periodic reports and cooperate in any studies or surveys required by the federal agency or the SBA to determine the extent of compliance with the contracting plan, such failure shall be a material breach of the contract or subcontract and may be considered in any past performance evaluation of the contractor.

(Sec. 3) The bill eliminates the limitation that SBA findings submitted to an appropriate federal agency after review of solicitations for procurement contracts be "advisory in nature."

(Sec. 4) A federal agency's procurement center representative (PCR) or commercial market representative (CMR) may delay acceptance of a subcontracting plan for 30 days if the PCR or CMR determines that it fails to provide the maximum practicable opportunity for certain covered small businesses to participate in the performance of the applicable contract. The written notice of such determination to the contracting agency's head of the procuring activity must include recommendations for altering the plan to provide the maximum practicable opportunity.

In the case of a Department of Defense PCR or CMR, the acceptance may be delayed for only 15 days. This delayed acceptance authority, however, does not include delay of the award or performance of the contract.

A PCR or CMR may not delay acceptance of a subcontracting plan if the head of the contracting agency certifies that the agency's need 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) The SBA 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 any entity (other than a small business) awarded a prime contract exceeding a certain amount that contains certain required SBA clauses regarding subcontracting plans.

]]> Small Business Subcontracting Transparency Act of 2015 Display Title Small Business Subcontracting Transparency Act of 2015 Official Title as Introduced A bill to amend the Small Business Act to improve the review and acceptance of subcontracting plans, and for other purposes. Introduced in Senate IS Short Titles as Introduced Small Business Subcontracting Transparency Act of 2015 Short Titles as Reported to Senate Small Business Subcontracting Transparency Act of 2015 S Senate Reported to Senate 2015-11-03T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s2138rs/xml/BILLS-114s2138rs.xml Introduced in Senate 2015-10-06T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s2138is/xml/BILLS-114s2138is.xml 2016-12-20 By Senator Vitter from Committee on Small Business and Entrepreneurship filed written report under authority of the order of the Senate of 12/10/2016. Report No. 114-415. 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.