,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dgej  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjbd,mr4 ,casey introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to ensure efficiency and    
fairness in ,federal subcontracting1 and
 for other purposes4  #a4 ,short title  
,this ,act may be cited as the ,ensuring
 ,efficiency and ,fairness in ,federal  
,subcontracting ,act of #bjbd4  #b4     
,definitions ,in this ,act3 7#a7        
,appropriate congressional committees   
,the term appropriate congressional     
committees means-- 7,a7 the ,committee  
on ,homeland ,security and ,governmental
 ,affairs of the ,senate2 and  7,b7 the 
,committee on ,oversight and            
,accountability of the ,house of        
,representatives4  7#b7 ,executive      
agency ,the term executive agency has   
the meaning given the term in section   
#acc of title #da1 ,united ,states      

,code4  #c4 ,comptroller general report 
on small business utilization in        
,federal contracting ,not later than    
#ahj days after the date of the         
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states shall  
submit to the appropriate congressional 
committees the results of a study on how
 small business utilization by prime    
contractors can be better monitored on  
the largest and longest ,federal        
contracts1 including ,indefinite        
,delivery1 ,indefinite ,quantity        
7,,idiq7 contracts and ,government-wide 
,acquisition ,contracts 7,g,w,a,cs71    
with any further relevant contract types
 to be determined by the ,comptroller   
,general4  #d4 ,requirement to notify   
subcontractors of contract status ,not  
later than #ah months after the date of 
the enactment of this ,act1 the ,federal
 ,acquisition ,regulatory ,council shall
 revise the ,federal ,acquisition       
,regulation-- 7#a7 to require prime     
contractors on ,federal contracts to    

provide to a subcontractor named in a   
subcontracting plan of the prime        
contractor1 within #cj days of a request
 from such subcontractor1 notification  
of the status of the contract1 including
 information such as whether the prime  
contractor has received any task orders 
or executed other work under the        
contract2  7#b7 to provide a means by   
which a subcontractor who has made a    
request described in paragraph 7#a7 and 
not received a response within #cj days 
to report the request and delayed       
response to the contracting officer2    
7#c7 to require a contracting officer   
receiving a notification described in   
paragraph 7#b7 to document the incident 
and consider the information in the     
small business subcontracting factor of 
the performance assessment for the prime
 contractor2 and  7#d7 to require       
offerors for a task or delivery order on
 a contract for which a subcontracting  
plan is required to provide information 
in the proposal about how the offeror's 

proposed small business utilization for 
the task or delivery order aligns with  
the overall contract's small business   
subcontracting plan4  #e4 ,study on     
strengthening enforcement provisions    
designed to protect subcontractors ,the 
,attorney ,general1 in consultation with
 the ,administrator of ,general         
,services1 the ,administrator of the    
,small ,business ,administration1 and   
the ,administrator for ,federal         
,procurement ,policy1 shall conduct a   
study on ways to strengthen enforcement 
mechanisms for compliance with          
subcontracting plans in accordance with 
section #ai4gje-g of title #dh1 ,code of
 ,federal ,regulations1 including       
exploring the need for an alternative   
complaint route for subcontractors that 
have experienced serious issues as a    
result of the prime contractor or a     
subcontractor at any tier under the     
contract failing to make a good faith   
effort1 as outlined in such section and 
section #abe4c of title #ac1 ,code of   

,federal ,regulations4  #f4 ,comptroller
 ,general study on utilization of       
,contractor ,performance ,assessment    
,reporting ,system 7,,cpars7 data to    
assess relationships between prime and  
subcontractors  7a7 ,in general ,not    
later than #ahj days after the date of  
the enactment of this ,act1 the         
,comptroller ,general of the ,united    
,states shall submit to the appropriate 
congressional committees the results of 
a study on how ,,cpars could be utilized
 as a means of gauging relationships    
between prime and subcontractors4  7b7  
,elements ,the study required under     
subsection 7a7 shall focus on the       
following matters3 7#a7 ,an examination 
of how adverse experiences of           
subcontractors are or are not translated
 into lower ,,cpars scores4  7#b7 ,an   
assessment of whether lower ,,cpars     
scores impact the ability of prime      
contractors to secure ,federal contracts
 and options in source selection1       
including an examination of the         

weighting of the subcontracting score   
relative to other components of the     
,,cpars4  7#c7 ,an assessment of whether
 the timing of scoring within contracts 
is such that it incentivizes the best   
possible small business utilization and 
interaction between prime and           
subcontractors4  #g4 ,penalties for     
failure to meet small business          
utilization goals ,not later than #ah   
months after the date of the enactment  
of this ,act1 the ,federal ,acquisition 
,regulatory ,council shall revise the   
,federal ,acquisition ,regulation to    
allow agencies to incorporate into their
 incentive contracts with prime         
contractors a condition that-- 7#a7 if  
the rate of small business utilization  
for the contract is less than #ej       
percent of the utilization level        
prescribed in the subcontracting plan1  
the prime contractor shall not be       
eligible to receive a performance-based 
incentive fee with respect to the       
contract2 and  7#b7 if the rate of small

 business utilization at any stage of an
 incentive contract is less than #ge    
percent of the utilization level        
prescribed for such stage in the        
subcontracting plan1 the prime          
contractor may receive a warning letter 
from the contracting officer for the    
contract noting the shortfall and       
potential loss of incentive fees4  #h4  
,outreach to small business contractors 
,not later than #ahj days after the date
 of the enactment of this ,act1 the     
,director of the ,office of ,management 
and ,budget shall issue guidance to the 
heads of executive agencies on measures 
they should take to improve small       
business outreach and improve awareness 
of subcontracting opportunities1        
including webinars1 online engagements1 
and other innovative methods of         
outreach1 and hosting at least two      
general outreach sessions per year for  
potential small business contractors and
 one outreach session per year for each 
of the following groups3 7#a7 ,small    

business concerns owned and controlled  
by veterans and small business concerns 
owned and controlled by service-disabled
 veterans 7as those terms are defined in
 section #c7q7 of the ,small ,business  
,act 7#ae ,u4,s4,c4 #fcb7q7774  7#b7    
,qualified ,h,u,b,zone small business   
concerns 7as defined in section #c7p7 of
 such ,act 7#ae ,u4,s4,c4 #fcb7p7774    
7#c7 ,socially and economically         
disadvantaged small business concerns   
7as defined in section #h7;a77#d77;,a7  
of such ,act 7#ae ,u4,s4,c4             
#fcg7;a77#d77;,a7774  7#d7 ,small       
business concerns owned and controlled  
by women 7as defined in section #c7n7 of
 such ,act 7#ae ,u4,s4,c4 #fcb7n7774    
#i4 ,improvements to the electronic     
subcontracting reporting system  7a7 ,in
 general ,not later than one year after 
the date of the enactment of this ,act1 
the ,administrator of ,general ,services
 shall develop and include as part of   
the ,general ,services ,administration's
 strategic information resources        

management plan required under section  
#cejf7;b77#b7 of title #dd1 ,united     
,states ,code1 a plan to modernize the  
,electronic ,subcontracting ,reporting  
,system 7e,s,r,s74  7b7 ,elements ,the  
modernization plan required under       
subsection 7a7 shall include-- 7#a7     
steps that the ,general ,services       
,administration intends to make toward  
updating and modernizing e,s,r,s2  7#b7 
an assessment of the capacity of the    
agency to operate and maintain an       
updated system2  7#c7 the estimated cost
 and sources of funding required to     
execute this plan2 and  7#d7 a          
description of the additional resources 
and staffing that is necessary to       
carrying out the plan4  7c7 ,submission 
to ,congress ,not later than #cj days   
after the date on which the ,general    
,services ,administration's strategic   
information resources management plan is
 updated pursuant to subsection 7a71 the
 ,administrator of ,general ,services   
shall submit the plan to modernize      

e,s,r,s described in such subsection4