[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4134 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4134

 To require companies submitting offers to the Government for Federal 
contracts to include subcontracting agreements with the offers, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

Mr. Clay (for himself, Ms. Clarke, Mr. Grijalva, Mrs. Christensen, Ms. 
 Bordallo, Ms. Norton, Ms. Corrine Brown of Florida, and Mr. Davis of 
  Illinois) introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, 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

_______________________________________________________________________

                                 A BILL


 
 To require companies submitting offers to the Government for Federal 
contracts to include subcontracting agreements with the offers, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Subcontractor Fairness Act of 
2009''.

SEC. 2. REQUIREMENT FOR SUBCONTRACTING AGREEMENTS TO BE INCLUDED WITH 
              OFFERS FOR GOVERNMENT CONTRACTS.

    (a) Civilian Agency Contracts.--Title III of the Federal Property 
and Administrative Services Act of 1949 is amended by inserting after 
section 303M the following new section:

``SEC. 303N. REQUIREMENT FOR SUBCONTRACTING AGREEMENTS.

    ``(a) In General.--Each solicitation for competitive proposals for 
the procurement of property or services in an amount greater than 
$550,000, or for construction in an amount greater than $1,000,000, 
made by an executive agency shall provide that any offeror submitting a 
proposal in response to the solicitation shall enter into a 
subcontracting agreement that meets the requirements of subsection (b) 
for each subcontract expected to be awarded by the offeror in the 
performance of the contract.
    ``(b) Subcontracting Agreement Requirements.--Each subcontracting 
agreement required by subsection (a) shall--
            ``(1) provide that, if the offeror is awarded the prime 
        contract by the executive agency, the subcontracting agreement 
        will become a valid subcontract between the offeror and the 
        subcontractor upon award of the prime contract; and
            ``(2) include the following with respect to the subcontract 
        concerned:
                    ``(A) The identity of the subcontractor.
                    ``(B) The scope of work to be performed under the 
                subcontract.
                    ``(C) The dollar amount of the subcontract.
    ``(c) Copy of Agreement.--A copy of each subcontracting agreement 
required by subsection (a) shall be included in any competitive 
proposal submitted in response to a solicitation described in that 
subsection.''.
    (b) Defense Contracts.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by inserting after section 2305a the following 
        new section:
``Sec. 2305b. Requirement for subcontracting agreements
    ``(a) In General.--Each solicitation for competitive proposals for 
the procurement of property or services in an amount greater than 
$550,000, or for construction in an amount greater than $1,000,000, 
made by the head of an agency shall provide that any offeror submitting 
a proposal in response to the solicitation shall enter into a 
subcontracting agreement that meets the requirements of subsection (b) 
for each subcontract expected to be awarded by the offeror in the 
performance of the contract.
    ``(b) Subcontracting Agreement Requirements.--Each subcontracting 
agreement required by subsection (a) shall--
            ``(1) provide that, if the offeror is awarded the prime 
        contract by the agency, the subcontracting agreement will 
        become a valid subcontract between the offeror and the 
        subcontractor upon award of the prime contract; and
            ``(2) include the following with respect to the subcontract 
        concerned:
                    ``(A) The identity of the subcontractor.
                    ``(B) The scope of work to be performed under the 
                subcontract.
                    ``(C) The dollar amount of the subcontract.
    ``(c) Copy of Agreement.--A copy of each subcontracting agreement 
required by subsection (a) shall be included in any competitive 
proposal submitted in response to a solicitation described in that 
subsection.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2305b. Requirement for subcontracting agreements.''.
    (c) Effective Date.--Section 303N of the Federal Property and 
Administrative Services Act of 1949 and section 2305b of title 10, 
United States Code, as added by subsections (a) and (b), respectively, 
shall apply with respect to contracts entered into after the date 
occurring 60 days after the date of the enactment of this Act.
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