,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #fcfg  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ac1 #bjah,mr4 
,lawson of ,florida introduced the      
following bill2 which was referred to   
the ,committee on ,small ,business  ,a  
,,bill  ,to amend the ,small ,business  
,act to specify what credit is given for
 certain subcontractors and to provide a
 dispute process for non-payment to     
subcontractors1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,incentivizing ,fairness in     
,subcontracting ,act4  #b4 ,small       
business lower-tier subcontracting      
,section #h7;d7 of the ,small ,business 
,act 7#ae ,u4,s4,c4 #fcg7;d77 is        
amended--  7#a7 by amending paragraph   
7#af7 to read as follows3  7#af7 ,credit
 for certain small business concern     
subcontractors  7,a7 ,in general ,for   
purposes of determining whether or not a
 prime contractor has attained the      
percentage goals specified in paragraph 
7#f7--  7i7 if the subcontracting goals 

pertain only to a single contract with  
the ,federal agency1 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 7#f77;,d7 in an amount equal  
to the dollar value of work awarded to  
such small business concerns2 and  7ii7 
credit is not permitted for subcontracts
 at any tier that are to be reported    
under a commercial plan or a ,department
 of ,defense comprehensive              
subcontracting plan4  7,b7 ,collection  
and review of data on subcontracting    
plans ,the head of each contracting     
agency shall ensure that-- 7i7 the      
agency collects and reports data on the 
extent to which contractors of the      
agency meet the goals and objectives set
 forth in subcontracting plans submitted
 pursuant to this subsection2 and  7ii7 
the agency periodically reviews data    
collected and reported pursuant to      

subparagraph 7,a7 for the purpose of    
ensuring that such contractors comply in
 good faith with the requirements of    
this subsection and subcontracting plans
 submitted by the contractors pursuant  
to this subsection4  7,c7 ,rule of      
construction ,nothing in this paragraph 
shall permit lower-tier subcontracting  
goaling requirements to prime           
contractors that are eligible to receive
 lower-tier subcontracting credit under 
this paragraph4  7,d7 ,definitions ,for 
purposes of this paragraph3 7i7         
,commercial plan ,the term commercial   
plan has the meaning give that term     
under section #ai4gja of the ,federal   
,acquisition ,regulation4  7ii7         
,comprehensive subcontracting plan ,the 
term comprehensive subcontracting plan  
has the meaning given that term under   
section #beb4bai-gjjd of the ,defense   
,federal ,acquisition ,regulation       
,supplement4  2 and  7#b7 by adding at  
the end the following3  7#ah7 ,dispute  
process for non-payment to              

subcontractors  7,a7 ,notice to agency  
,with respect to a contract with a      
,federal agency1 a subcontractor of a   
prime contractor on such contract may1  
if the subcontractor has not received   
payment for work performed within #ij   
days of the completion of such work1    
notify the ,office of ,small and        
,disadvantaged ,business ,utilization   
7,,osdbu7 of the ,federal agency of such
 lack of payment1 if such notice is     
provided to the agency within the       
#ae-;day period following the end of    
such #ij days4  7,b7 ,agency            
determination ,upon receipt of a notice 
described under clause 7i71 the ,,osdbu 
shall verify whether such lack of       
payment has occurred and determine      
whether such lack of payment is due to  
an undue restriction placed on the prime
 contractor by an action of the ,federal
 agency4  7,c7 ,cure period ,if the     
,,osdbu verifies the lack of payment    
under clause 7ii7 and determines that   
such lack of payment is not due to an   

action of the ,federal agency1 the      
,,osdbu shall notify the prime          
contractor and provide the prime        
contractor with a #ae-;day period in    
which the primae contractor may make the
 payment owed to the subcontractor4     
7,d7 ,result of nonpayment ,if1 after   
notifying the prime contractor under    
clause 7iii71 the ,,osdbu determines    
that the prime contractor has not fully 
paid the amount owed within the #ae-;day
 cure period described under clause     
7iii71 the ,,osdbu shall ensure that    
such failure to pay is reflected in the 
,contractor ,performance ,assessment    
,reporting system4  4