,,ii #aadth ,,congress #ast ,session ,s4 #bach ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #f1 #bjae ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,small ,business and ,entrepreneurship ,a ,,bill ,to amend the ,small ,business ,act to improve the review and acceptance of subcontracting plans1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,small ,business ,subcontracting ,transparency ,act of #bjae4 #b4 ,transparency in subcontracting goals ,section #h7;d77#i7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#i77 is amended-- 7#a7 by striking 7#i7 ,the failure and inserting the following3 7#i7 ,material breach ,the failure 2 7#b7 in subparagraph 7,a71 by striking subsection1 or and inserting subsection12 7#c7 in subparagraph 7,b71 by striking subcontract1 and inserting subcontract1 or2 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 assurances provided under paragraph 7#f77;,e71 4 #c4 ,authority of the ,administrator of the ,small ,business ,administration ,section #h7;d77#aa7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#aa77 is amended-- 7#a7 by striking 7#aa7 ,in the case of and inserting the following3 7#aa7 ,authority of administration ,in the case of 2 and 7#b7 in subparagraph 7,b71 by striking 1 which shall be advisory in nature14 #d4 ,improving subcontracting plans ,section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 is amended by adding at the end the following3 7#ag7 ,review and acceptance of subcontracting plans 7,a7 ,definition ,in this paragraph1 the term covered small business concerns means-- 7i7 small business concerns2 7ii7 qualified ,h,u,b,zone small business concerns2 7iii7 small business concerns owned and controlled by veterans2 7iv7 small business concerns owned and controlled by service-disabled veterans2 7v7 small business concerns owned and controlled by socially and economically disadvantaged individuals1 as defined in paragraph 7#c77;,c72 and 7vi7 small business concerns owned and controlled by women4 7,b7 ,delayed acceptance of plan ,except as provided in subparagraph 7,e71 if a procurement center representative or commercial market representative determines that a subcontracting plan required under paragraph 7#d7 or 7#e7 fails to provide the maximum practicable opportunity for covered small business concerns to participate in the performance of the contract to which the plan applies1 the representative may delay acceptance of the plan in accordance with subparagraph 7,c74 7,c7 ,process for delayed acceptance 7i7 ,in general ,except as provided in clause 7ii71 a procurement center representative or commercial market representative who makes a determination under subparagraph 7,b7 with respect to a subcontracting plan may delay acceptance of the plan for a #cj-;day period by providing written notice of the determination to head of the procuring activity of the contracting agency that includes recommendations for altering the plan to provide the maximum practicable opportunity described in that subparagraph4 7ii7 ,exception ,in the case of the ,department of ,defense-- 7,i7 a procurement center representative or commercial market representative who makes a determination under subparagraph 7,b7 with respect to a subcontracting plan may delay acceptance of the plan for a #ae-;day period by providing written notice of the determination to appropriate personnel of the ,department of ,defense that includes recommendations for altering the plan to provide the maximum practicable opportunity described in that subparagraph2 and 7,,ii7 the authority of a procurement center representative or commercial market representative to delay acceptance of a subcontracting plan as provided in subparagraph 7,b7 does not include the authority to delay the award or performance of the contract concerned4 7,d7 ,disagreements ,if a procurement center representative or commercial market representative delays the acceptance of a subcontracting plan under subparagraph 7,c7 and does not reach agreement with the head of the procuring activity of the contracting agency to alter the plan to provide the maximum practicable opportunity described in subparagraph 7,b7 not later than #cj days after the date on which written notice was provided1 the disagreement shall be submitted to the head of the contracting agency by the ,administrator for a final determination4 7,e7 ,exception ,a procurement center representative or commercial market representative may not delay the acceptance of a subcontracting plan if the head of the contracting agency certifies that the need of the agency for the supplies or services is of such an unusual and compelling urgency that the ,united ,states would be seriously injured unless the agency is permitted to accept the subcontracting plan4 4 #e4 ,good faith compliance ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall issue regulations providing examples of activities that would be considered a failure to make a good faith effort to comply with the requirements imposed on an entity1 other than a small business concern1 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb771 that is awarded a prime contract containing the clauses required under paragraphs 7#d7 or 7#e7 of section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d774