Section 1 Short title
This Act may be cited as the “The Commercial Market Representatives Clarification Act”.
The Commercial Market Representatives Clarification Act
A BILL
To amend the Small Business Act to clarify the responsibilities of commercial market representatives, and for other purposes.
Sec. 2 Responsibilities of commercial market representatives
Section 4(h) of the Small Business Act (15 U.S.C. 633(h)) is amended—
in the subsection heading, by striking “Certification requirements for”;
in paragraph (2)—
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and conforming the margins accordingly);
by amending clause (ii) (as so redesignated) to read as follows:
“(B) Application—The requirements of clause (i) shall be included in any initial job posting for the position of a commercial market representative and shall apply to any person appointed as a commercial market representative after November 25, 2015.”
in clause (i) (as so redesignated), by striking “paragraph (2)” and inserting “subparagraph (A)”;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively (and conforming the margins accordingly);
in subparagraph (A) (as so redesignated), by striking “paragraph (2)” and inserting “subparagraph (B)”; and
by inserting before subparagraph (A) (as so redesignated) the following:
“(1) Duties—The principal duties of a commercial market representative employed by the Administrator and reporting to the senior official appointed by the Administrator with responsibilities under sections 8, 15, 31, and 36 (or the designee of such official) shall be to advance the policies established in section 8(d)(1) relating to subcontracting. Such duties shall include—
“(A) helping prime contractors to find small business concerns that are capable of performing subcontracts;
“(B) for contractors awarded contracts containing the clause described in section 8(d)(3), providing—
“(i) counseling on the contractor’s responsibility to maximize subcontracting opportunities for small business concerns;
“(ii) instruction on methods and tools to identify potential subcontractors that are small business concerns; and
“(iii) assistance to increase awards to subcontractors that are small business concerns through visits, training, and reviews of past performance;
“(C) providing counseling on how a small business concern may promote its capacity to contractors awarded contracts containing the clause described in section 8(d)(3); and
“(D) conducting periodic reviews of contractors awarded contracts containing the clause described in section 8(d)(3) to assess compliance with subcontracting plans required under section 8(d)(6).
“(2) Certification requirements”