Sec. 11. Modifications to subcontracting plans to enhance opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals
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Each covered person that is required to submit a subcontracting plan under paragraph
(4)or
(5)of section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) for a contract shall update such subcontracting plan to include the following: The names, addresses, phone numbers, types of business, and North American Industrial Classification System code of the small business concerns owned and controlled by socially and economically disadvantaged individuals, disaggregated by demographic characteristics, that were considered or solicited as subcontractors. With respect to such concerns that were considered or solicited but not included in the updated subcontracting plan, the reasons for the decision not to include such concerns. Information on the process and efforts of the covered person in developing such subcontracting plan, including— the actions taken by the covered person to identify, solicit, and provide outreach to small business concerns owned and controlled by socially and economically disadvantaged individuals for possible inclusion in its subcontracting plan; the information provided by the covered person to such concerns about subcontracting opportunities under the contract; the means by which the subcontractors that were included in the subcontracting plan were selected by the covered person; and the directories or lists of small business concerns owned and controlled by socially and economically disadvantaged individuals, websites and website search tools, business or professional associations, industry databases, and other resources that the covered person consulted or used to identify such concerns for possible inclusion in the subcontracting plan. A description of the plans of the covered person to— increase the number of disadvantaged small businesses in the subcontracting plan for subsequent years of contract performance; and increase the dollar amount under the contract allocated for goods and services provided by such concerns. A covered person described in subsection
(a)that is awarded a prime contract and granted a modification of a contract by the head of a Federal agency under such subsection shall remain in compliance with the terms of the updated subcontracting plan during the term of performance of the contract before receiving any amounts related to such modification. If a covered person described in paragraph
(1)submits an offer for a subsequent contract to such head of a Federal agency through a sealed bid or negotiated acquisition proposal and such head determines such covered person is not in compliance with a subcontracting plan described in subsection (a), such head may not award the subsequent contract to such contractor— until such covered person is in compliance with subsection (a), as determined by such head; and unless such head determines that such award is in the national interest. If a covered person described in paragraph
(1)submits an offer for a subsequent contract to such head of a Federal agency through a sealed bid or negotiated acquisition proposal, the evaluation score of the contracting officer given to such offer shall be adjusted as follows: For a covered person that achieved subcontractor diversity in the performance of the prior contract, such score shall be increased by one point. For a covered person that failed to achieve subcontractor diversity in the performance of the prior contract, such score shall be decreased by one point. For purposes of this paragraph, the contracting officer that awarded the covered person a contract under subsection
(a)shall make a determination as to whether the covered person achieved subcontractor diversity using the information in the subcontracting plan of the covered person and the standards used by such contracting officer to evaluation subcontractor diversity. The appropriate head of a Federal agency shall consider the performance of a contracting officer of responsibilities under this section in any evaluation of the performance of the contracting officer, including such contracting officer’s— collection and analysis of prime contractor data to assess subcontractor diversity (as described in subsection (b)(3)(B)); failure to identify a covered person’s failure to achieve subcontractor diversity or to comply with an applicable subcontracting plan; and efforts for monitoring and determinations regarding the receipt of payments by disadvantaged small business subcontractors from prime contractors in accordance with relevant contractual terms. This section and the requirements of this section shall apply with respect to a subcontracting plan entered into on or after the date of the enactment of this section. In this section: The term small business concerns owned and controlled by socially and economically disadvantaged individuals has the meaning given under section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). The term covered person means an apparently successful offeror, bidder for a contract, or contractor seeking a modification of a contract.
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Sec. 11
Modifications to subcontracting plans to enhance opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals
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