Sec. 1609. Credit for certain subcontractors
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Section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) is amended by adding at the end the following: For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)— 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 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. .
Section 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following: In this Act: 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. The term first tier subcontractor means a subcontractor who has a subcontract directly with the prime contractor.
The term at any tier means any subcontractor other than a subcontractor who is a first tier subcontractor. .
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