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Contracting Compliance Act

H.R. 5144 · 115th Congress · Mar 1, 2018 · Lineage

A BILL

To require the Comptroller General of the United States to report on compliance of contracting agencies with subcontracting plans and subcontracting goals under the Small Business Act, and for other purposes.

Section 1 Short title

This Act may be cited as the “Contracting Compliance Act”.

Sec. 2 GAO report on compliance of contracting agencies with subcontracting plans and subcontracting goals

(a)
In general— Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the activities of two or more contracting agencies selected by the Comptroller General to comply with the requirements of section 8(d)(7) of the Small Business Act (15 U.S.C. 637(d)(7)). Such report shall include—
(1)
an analysis of the activities of at least one military department (as defined in section 101(8) of title 10, United States Code);
(2)
an analysis of contracting agency oversight activities and protocols, including actions taken by the contracting agency to ensure contractor compliance with the requirements of section 8(d) of the Small Business Act (15 U.S.C. 637(d));
(3)
an evaluation of the extent to which the Administrator of the Small Business Administration is encouraging contracting agencies to conduct oversight activities and any actions taken by contracting agencies in response to such encouragement;
(4)
an assessment of the effectiveness of contracting agency actions or processes taken against noncompliant prime contractors;
(5)
a description of how contracting agencies define a material breach under section 8(d)(9) of the Small Business Act (15 U.S.C. 637(d)(9)); and
(6)
any recommendations to strengthen oversight of the compliance of prime contractors with the requirements of subcontracting plans and subcontracting goals established within such subcontracting plan.
(b)
Definitions— In this Act:
(1)
Prime contractor— The term prime contractor has the meaning given in section 8701(5) of title 41, United States Code.
(2)
Subcontracting goals— The term subcontracting goals means the goals established under section 8(d)(6)(A) of the Small Business Act (15 U.S.C. 637(d)(6)(A)) relating to utilization as subcontractors of certain small business concerns.
(3)
Subcontracting plan— The term subcontracting plan means a plan required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).