Sec. 403. Strengthening subcontracting
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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 new paragraph: Not later than seven days after a prime contractor awards a subcontract to a first tier subcontractor that is small business concern under a contract with respect to which such prime contractor is required to develop a subcontracting plan under paragraph
(4)or (5), the prime contractor shall provide to the contracting officer for such contract— a list of all first tier subcontractors for such contract that are small business concerns; and the contact information described in subparagraph (B). Not later than three days before the date on which a prime contractor is required to provide information for a contract to a contracting officer under subparagraph (A), each first tier subcontractor of such prime contractor for such contract shall provide to such prime contractor contact information that is— for an individual in the employ of such subcontractor; and unrelated to any relationship of the subcontractor with the prime contractor as a subcontractor. . The Administrator shall develop a questionnaire to collect feedback from first tier subcontractors that are small business concerns regarding the engagement of a prime contractor with such subcontractor during the performance of a subcontract the prime contractor awarded to such subcontractor. The Administrator shall make such questionnaire available to Federal agencies. Each head of a Federal agency shall require contracting officers for such Federal agency to— distribute to first tier subcontractors that are small business concerns voluntary questionnaires regarding the engagement of a prime contractor with such subcontractor during the performance of a subcontract the prime contractor awarded to such subcontractor; and collect such questionnaires from such first tier subcontractors that elect to respond to such questionnaires. A contracting officer may use such questionnaires in any system used by the Federal Government to monitor or record past performance of the prime contractor. A contracting officer shall not disclose the contents of a questionnaire described in paragraph
(1)to the prime contractor for the contract to which such questionnaire relates unless the respondent to such questionnaire consents to such disclosure. In this subsection, the terms Federal agency , first tier subcontractor , and prime contractor have the meanings given, respectively, in section 3 of the Small Business Act ( 15 U.S.C. 632 ). Section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) is amended— in paragraph (7)(B), by adding at the end the following: The timeliness with which a contractor submits reports required pursuant to paragraph (6)(E) shall be considered in any past performance evaluation of such contractor undertaken by the agency. ; and in paragraph (9)— in subparagraph (A), by adding or at the end; in subparagraph (B), by striking or at the end; by striking subparagraph (C); by striking may be considered and inserting shall be considered ; and by adding after contract. the following: The failure of any contractor or subcontractor to comply with assurances provided under paragraph (6)(E) shall be considered a material breach of the relevant contract or subcontract and shall negatively affect any past performance evaluations of the contractor or subcontractor if the contractor or subcontractor did not correct such failure. .
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