I 111th CONGRESS 1st Session H. R. 4134 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.

1.

Short title

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

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:

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:

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.