Sec. 870. REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL BUSINESS CONCERN SUBCONTRACTORS
447 words·~2 min read·
/statute-compilations/comps-15772/sec-870A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 870 REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL BUSINESS CONCERN SUBCONTRACTORS ###
(a)Credit for Certain Small Business Concern Subcontractors Section 8(d)(16) of the Small Business Act (15 U.S.C. 637(d)) is amended to read as follows: > > #### “(16) Credit for certain small business concern subcontractors > > > ##### “(A) In general > > For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)— > > > ###### “(i) > > if the subcontracting goals pertain only to a single contract with a Federal agency, the prime contractor may elect to receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the total dollar value of any subcontracts awarded to such small business concerns; and > > > ###### “(ii) > > if the subcontracting goals pertain to more than one contract with one or more Federal agencies, or to one contract with more than one Federal agency, the prime contractor may only receive credit for first tier subcontractors that are small business concerns. > > > ##### “(B) Collection and review of data on subcontracting plans > > The head of each contracting agency shall ensure that the agency— > > > ###### “(i) > > collects and reports data on the extent to which prime contractors of the agency meet the goals and objectives set forth in subcontracting plans submitted pursuant to this subsection; and > > > ###### “(ii) > > periodically reviews data collected and reported pursuant to clause
(i)for the purpose of ensuring that such contractors comply in good faith with the requirements of this subsection. > > > ##### “(C) Rule of construction > > Nothing in this paragraph shall be construed to allow a Federal agency to establish a goal for an number of subcontracts with a subcontractor at any tier for a prime contractor otherwise eligible to receive credit under this paragraph.” > . ###
(b)Maintenance of Records With Respect to Credit Under a Subcontracting Plan Section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)) is amended— ####
(1)by redesignating subparagraphs
(G)and
(H)as subparagraphs
(H)and (I), respectively (and conforming the margins accordingly); and ####
(2)by inserting after subparagraph
(F)the following new subparagraph: > > ##### “(G) > > a recitation of the types of records the successful offeror or bidder will maintain to demonstrate that procedures have been adopted to substantiate the credit the successful offeror or bidder will elect to receive under paragraph (16)(A);” > .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 870
REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL BUSINESS CONCERN SUBCONTRACTORS
Cites 1Cited by 0 across 0 sources