Sec. 2808. Improved congressional oversight and public transparency of military construction contract awards
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Section 2851 of title 10, United States Code, as amended by section 2803, is further amended— in subsection (c)(1), by inserting or appropriated after funds authorized each place such term appears; in subsection (c)(2)— by inserting , deadline for bid submissions, after solicitation date ; by inserting (including the address of such recipient) after contract recipient ; and by adding at the end the following new subparagraphs: Any subcontracting plan required under paragraph
(4)or
(5)of section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) for the project submitted by the contract recipient to the Secretary of Defense. A detailed written statement describing and justifying any exception applied or waiver granted under— chapter 83 of title 41; section 2533a of this title; or section 2533b of this title. ; and by adding at the end the following new paragraph: The information required to be published on the Internet website under subsection
(c)shall constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44. . The Secretary of Defense shall ensure that there is a clear and unique indication of any covered contract with subcontracting work of an estimated value of $250,000 or more in the Federal Procurement Data System established pursuant to section 1122(a)(4) of title 41, United States Code (or any successor system). To the extent practicable, in awarding a covered contract, the Secretary of the military department concerned shall give preference to those firms and individuals who certify that at least 51 percent of the total number of employees hired to perform the contract (including any employees hired by a subcontractor at any tier) shall reside in the same covered State as, or within a 60-mile radius of, the location of the work to be performed pursuant to the contract. The Secretary of the military department concerned shall prepare a written justification, and make such justification available on the Internet site required under section 2851(c) of title 10, United States Code, as amended by this section and section 2803, for the award of any covered contract to a firm or individual that is not described under paragraph (1). A contractor and any subcontractors performing a covered contract shall be licensed to perform the work under such contract in the covered State in which the work will be performed. Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended by adding at the end the following new subsection— During the 4-year period beginning on the date of the enactment of this subsection, if a prime contractor awards a subcontract (at any tier) to a small business concern that has its principal office located in the same State as, or within a 60-mile radius of, the location of the work to be performed pursuant to the contract of the prime contractor, the value of the subcontract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A) during such period. Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 933; 15 U.S.C. 644 note), an analysis of the number and dollar amount of subcontracts awarded pursuant to paragraph
(1)for each fiscal year of the period described in such paragraph. . In this section, the term covered contract means a contract for a military construction project, military family housing project, or other project described in subsection (c)(1) of section 2851 of title 10, United States Code, as amended by this section and section 2803.
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- 129 Stat. 933
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Sec. 2808
Improved congressional oversight and public transparency of military construction contract awards
Stat.129 Stat. 933
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