I 

113TH CONGRESS 

1ST SESSION H. R. 2232 

To amend the Small Business Act to permit prime contractors covered by 

a subcontracting plan pertaining to a single contract with a Federal 

agency to receive credit against such a plan for using small business 

subcontractors at any level of subcontracting, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2013 

Mr. GRAVES of Missouri (for himself, Mr. HANNA, Mr. PETERS of California, 

Mr. HUNTER, and Mr. COLLINS of New York) introduced the following 

bill; which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to permit prime contractors covered by a subcontracting plan pertaining to a 

single contract with a Federal agency to receive credit 

against such a plan for using small business subcontractors at any level of subcontracting, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Make Every Small 

5 Business Count Act of 2013’’. 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 2232 IH

1 SEC. 2. CREDIT FOR CERTAIN SUBCONTRACTORS. 

2 (a) IN GENERAL.—Section 8(d) of the Small Busi3 ness Act (15 U.S.C. 637(d)) is amended by adding at the 

4 end the following: 

5 ‘‘(16) CREDIT FOR CERTAIN SUBCON6 TRACTOR.—For purposes of determining whether or 

7 not a prime contractor has attained the percentage 

8 goals specified in paragraph (6)— 

9 ‘‘(A) if the subcontracting goals pertain 

10 only to a single contract with the executive 

11 agency, the prime contractor shall receive credit 

12 for small business concerns performing as first 

13 tier subcontractors or subcontractors at any tier 

14 pursuant to the subcontracting plans required 

15 under paragraph (6)(D) in an amount equal to 

16 the dollar value of work awarded to such small 

17 business concerns; and 

18 ‘‘(B) if the subcontracting goals pertain to 

19 more than one contract with one or more execu20 tive agencies, or to one contract with more than 

21 one executive agency, the prime contractor may 

22 only count first tier subcontractors that are 

23 small business concerns.’’. 

24 (b) DEFINITIONS PERTAINING TO SUBCON25 TRACTING.—Section 3 of the Small Business Act (15 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 2232 IH

1 U.S.C. 632) is amended by adding at the end the fol2 lowing: 

3 ‘‘(dd) DEFINITIONS PERTAINING TO SUBCON4 TRACTING.—In this Act: 

5 ‘‘(1) SUBCONTRACT.—The term ‘subcontract’ 

6 means a legally binding agreement between a con7 tractor that is already under contract to another 

8 party to perform work, and a third party, herein9 after referred to as the subcontractor, for the sub10 contractor to perform a part, or all, of the work that 

11 the contractor has undertaken. 

12 ‘‘(2) FIRST TIER SUBCONTRACTOR.—The term 

13 ‘first tier subcontractor’ means a subcontractor who 

14 has a subcontract directly with the prime contractor. 

15 ‘‘(3) AT ANY TIER.—The term ‘at any tier’ 

16 means any subcontractor other than a subcontractor 

17 who is a first tier subcontractor.’’. 

18 SEC. 3. GAO STUDY. 

19 Not later than 365 days after the date of enactment 

20 of this Act, the Comptroller General of the United States 

21 shall submit to the Committee on Small Business of the 

22 House of Representatives and to the Committee on Small 

23 Business and Entrepreneurship of the Senate a report 

24 studying the feasibility of using Federal subcontracting re25 porting systems, including the Federal subaward reporting 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 2232 IH

1 system required by section 2 of the Federal Funding Ac2 countability and Transparency Act of 2006 and any elec3 tronic subcontracting reporting award system used by the 

4 Small Business Administration, to attribute subcontrac5 tors to particular contracts in the case of contractors that 

6 have subcontracting plans under section 8(d) of the Small 

7 Business Act that pertain to multiple contracts with exec8 utive agencies. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS