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H.R. 7221 - Stop Unfair Bid Shopping Act of 2018

Introduced: 2018-12-06
Bill Status: Referred to the House Committee on Oversight and Government Reform.
 
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Full Text


115th CONGRESS
2d Session
H. R. 7221


    To require prime contractors under Federal construction contracts to notify the Government of changes in certain subcontractors performing work under the contract.


IN THE HOUSE OF REPRESENTATIVES

December 6, 2018

    Mr. Peters introduced the following bill; which was referred to the Committee on Oversight and Government Reform


A BILL

    To require prime contractors under Federal construction contracts to notify the Government of changes in certain subcontractors performing work under the contract.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Stop Unfair Bid Shopping Act of 2018” or the “SUBS Act”.

SEC. 2. Requirement to notify Government of changes to subcontractors under construction contracts.

(a) Requirement.—An agency awarding a construction contract using sealed bid procedures in an amount greater than $1,500,000 shall—

(1) require an offeror for the contract to include a list in the offer of each subcontractor that the offeror intends to use in the performance of the contract, for any subcontract expected to be awarded in excess of $100,000; and

(2) include a clause in the contract requiring that the prime contractor shall submit to the agency a written notification of any subcontractor substituted after the award of the contract for a subcontractor so listed, along with an updated estimate for the cost of performing the work associated with the substituted subcontractor.

(b) Modification to contract.—In the case of a construction contract covered by subsection (a), if the prime contractor notifies the agency of a substituted subcontractor under subsection (a)(2) and there is a significant difference in the cost of performing the work associated with the substituted subcontractor, the contracting officer for the contract may modify the contract to take into account the substitution of subcontractor, including modification of the amount of the contract.

(c) Agency defined.—In this Act, the term “agency” has the meaning provided the term “executive agency” by section 133 of title 41, United States Code, except the term does not include the Department of Defense or any military department, but such term shall include the United States Army Corps of Engineers.

(d) Revision of Federal Acquisition Regulation.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be revised to provide for the implementation of this section.

(2) NOTICE AND COMMENT.—There shall be provided a public notice and comment period of not less than 60 days.

(3) FINAL RULE.—Any final rule promulgated pursuant to this subsection shall take effect 30 days after the date on which the final rule is published in the Federal Register.

(e) Effective date.—This Act shall apply with respect to contracts awarded on or after the date occurring 180 days after the date of the enactment of this Act.


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