[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 370 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 370

To require contractors to notify small business concerns that have been 
 included in offers relating to contracts let by Federal agencies, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2011

   Mr. Casey introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
To require contractors to notify small business concerns that have been 
 included in offers relating to contracts let by Federal agencies, 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. SUBCONTRACTOR NOTIFICATIONS.

    Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is 
amended by adding at the end the following:
    ``(13) Notification Requirement.--
            ``(A) In general.--An offeror with respect to a contract 
        let by a Federal agency that is to be awarded pursuant to the 
        negotiated method of procurement that intends to identify a 
        small business concern as a potential subcontractor in the 
        offer relating to the contract shall--
                    ``(i) notify the small business concern that the 
                offeror intends to identify the small business concern 
                as a potential subcontractor in the offer; and
                    ``(ii) include with the offer a written 
                acknowledgment by the small business concern that the 
                small business concern has received the notice required 
                under clause (i).
            ``(B) Penalties.--If an offeror fails to notify a small 
        business concern under subparagraph (A)(i), the head of the 
        Federal agency that let the contract described in subparagraph 
        (A) shall--
                    ``(i) for the first such failure by the offeror, 
                fine the offeror, in an amount equal to 20 percent of 
                the value of the contract;
                    ``(ii) for the second such failure by the offeror--
                            ``(I) fine the offeror, in an amount equal 
                        to 50 percent of the value of the contract; and
                            ``(II) debar the offeror from contracting 
                        with the United States for a period of 1 year; 
                        and
                    ``(iii) for the third such failure by the offeror, 
                debar the offeror from contracting with the United 
                States.
    ``(14) Reporting by Subcontractors.--The Administrator shall 
establish a reporting mechanism that allows a subcontractor to report 
fraudulent activity by a contractor with respect to a subcontracting 
plan submitted to a procurement authority under paragraph (4)(B).''.
                                 <all>