Sec. 844. Timely payments for Department of Defense small business subcontractors
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Section 8(d)(13)(B)(i) of the Small Business Act ( 15 U.S.C. 637(d)(13)(B)(i) ) is amended by inserting , or, for a covered contract awarded by the Department of Defense, more than 30 days past due, after 90 days past due . Section 8(d)(13)(C) of the Small Business Act ( 15 U.S.C. 637(d)(13)(C) ) is amended— by striking A contracting officer and inserting the following: A contracting officer ; and by adding at the end the following: The contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract. .
Section 8(d)(13) of the Small Business Act ( 15 U.S.C. 637(d)(13) ) is amended— by redesignating subparagraph
(E)as subparagraph (F); by inserting after subparagraph
(D)the following: If a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph
(B)or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor. The duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract. ; and in subparagraph (D), by striking subparagraph
(E)and inserting subparagraph
(F). The amendments made by this section shall apply to any covered contract (as defined in section 8(d)(13)(A) of the Small Business Act ( 15 U.S.C. 637(d)(13)(A) ) that is entered into or modified by the Department of Defense on or after the date of enactment of this Act.
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Sec. 844
Timely payments for Department of Defense small business subcontractors
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