H.R. 2232: Make Every Small Business Count Act of 2013

113th Congress, 2013–2015. Text as of Jun 04, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 2232

IN THE HOUSE OF REPRESENTATIVES

June 4, 2013

(for himself, Mr. Hanna, Mr. Peters of California, Mr. Hunter, and Mr. Collins of New York) introduced the following bill; which was referred to the Committee on Small Business

A BILL

To amend the Small Business Act to permit prime contractors covered by a subcontracting plan pertaining to a single contract with a Federal agency to receive credit against such a plan for using small business subcontractors at any level of subcontracting, and for other purposes.

1.

Short title

This Act may be cited as the Make Every Small Business Count Act of 2013 .

2.

Credit for certain subcontractors

(a)

In general

Section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) is amended by adding at the end the following:

(16)

Credit for certain subcontractor

For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)

(A)

if the subcontracting goals pertain only to a single contract with the executive agency, the prime contractor shall receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the dollar value of work awarded to such small business concerns; and

(B)

if the subcontracting goals pertain to more than one contract with one or more executive agencies, or to one contract with more than one executive agency, the prime contractor may only count first tier subcontractors that are small business concerns.

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(b)

Definitions pertaining to subcontracting

Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:

(dd)

Definitions pertaining to subcontracting

In this Act:

(1)

Subcontract

The term subcontract means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken.

(2)

First tier subcontractor

The term first tier subcontractor means a subcontractor who has a subcontract directly with the prime contractor.

(3)

At any tier

The term at any tier means any subcontractor other than a subcontractor who is a first tier subcontractor.

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3.

GAO Study

Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business of the House of Representatives and to the Committee on Small Business and Entrepreneurship of the Senate a report studying the feasibility of using Federal subcontracting reporting systems, including the Federal subaward reporting system required by section 2 of the Federal Funding Accountability and Transparency Act of 2006 and any electronic subcontracting reporting award system used by the Small Business Administration, to attribute subcontractors to particular contracts in the case of contractors that have subcontracting plans under section 8(d) of the Small Business Act that pertain to multiple contracts with executive agencies.