Sec. 2809. Requirements relating to certain military construction projects
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Section 2851 of title 10, United States Code, is amended— in subsection (c)(1), by inserting or appropriated after funds authorized each place such term appears; in subsection (c)(2)— in subparagraph (A), by inserting , deadline for bid submissions, after solicitation date ; in subparagraph (B), 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 4862 of this title; or section 4863 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). Section 2851 of title 10, United States Code, is amended— by redesignating subsection
(d)as subsection (g); by inserting after subsection
(c)(as amended by this section) the following new subsections: The recipient of a contract for a construction project described in subsection (c)(1) to be carried out in a State shall make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more. The Secretary of Defense shall— maintain on the Internet site required by subsection (c)(1) information regarding the solicitation date and award date (or anticipated date) for each subcontract described in paragraph (1); and submit written notice of the award of the original contract for a project described in subsection (c)(1) to be carried out in a State, and each subcontract described in paragraph
(1)under the contract, to each State agency that enforces workers’ compensation or minimum wage laws in the State in which the contract or subcontract will be carried out. In the case of the award of a contract for a project described in subsection (c)(1) to be carried out in a State, and any subcontract described in subsection (d)(1) under the contract, where such award has an estimated value of $2,000,000 or more, the Secretary of Defense shall submit written notice of such award within 30 days after the award to each Senator of the State in which the contract or subcontract will be carried out and the Member of the House of Representatives representing the congressional district in which the contract or subcontract will be carried out. Subsections (c), (d), and
(e)do not apply to a classified construction project otherwise described in subsection (c)(1). ; and by adding at the end the following new subsection: In this section: The term Member of the House of Representatives includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico. The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. . Subsections
(d)and
(e)of section 2851 of title 10, United States Code, as added by subsection (ba)(2), shall apply with respect to a contract for a construction project described in subsection (c)(1) of such section that— is entered into on or after the date of the enactment of this Act; or was entered into before the date of the enactment of this Act, if the first solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more is made on or after the date of the enactment of this Act. Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2851a the following new section: A contractor that has been awarded a covered military construction contract shall— make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation under that covered military construction contract for a subcontract of an estimated value of $250,000 or more; and submit written notification of the award of the covered military construction contract, and of any subcontract awarded under the covered military construction contract, to the relevant agency of a covered State that enforces workers’ compensation or minimum wage laws in such covered State. Upon award of a covered military construction contract with an estimated value greater than or equal to $2,000,000, the Secretary concerned shall notify any applicable Member of Congress representing the covered State in which that covered military construction contract is to be performed of such award in a timely manner. .
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Sec. 2809
Requirements relating to certain military construction projects
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