II 

Calendar No. 406 

118TH CONGRESS 

2D SESSION S. 3772 

To amend the Small Business Act to require that plain writing statements 

regarding the solicitation of subcontractors be included in certain subcontracting plans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8 (legislative day, FEBRUARY 7), 2024 

Mr. RISCH (for himself, Mr. HICKENLOOPER, Mr. BUDD, Mr. CRAPO, Mr. 

KENNEDY, Mr. RUBIO, and Mr. YOUNG) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

MAY 23, 2024 

Reported by Mrs. SHAHEEN, without amendment 

A BILL 

To amend the Small Business Act to require that plain 

writing statements regarding the solicitation of subcontractors be included in certain subcontracting plans, 

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, 


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•S 3772 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Simplifying Subcon3 tracting Act’’. 

4 SEC. 2. PLAIN WRITING APPLICATION REQUIREMENTS FOR 

5 SOLICITATION OF SUBCONTRACTORS. 

6 (a) IN GENERAL.—Section 8(d) of the Small Busi7 ness Act (15 U.S.C. 637(d)) is amended— 

8 (1) in paragraph (6)— 

9 (A) in subparagraph (H)(ii), by striking 

10 ‘‘and’’ at the end; 

11 (B) in subparagraph (I)(ii), by striking the 

12 period at the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(J) a representation that— 

15 ‘‘(i) the offeror or bidder will communicate 

16 all solicitations of subcontracts in plain writing 

17 (as defined in section 3 of the Plain Writing 

18 Act of 2010 (Public Law 111–274; 124 Stat. 

19 2861)) so that the solicitation is easily under20 stood by small business concerns seeking to ob21 tain a subcontracting opportunity from the of22 feror or bidder; and 

23 ‘‘(ii) the offeror or bidder will include the 

24 plain writing requirement described in clause (i) 

25 in all subcontracts that offer subcontracting op26 portunities.’’; and 


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•S 3772 RS

1 (2) by adding at the end the following: 

2 ‘‘(18) COMPLIANCE WITH PLAIN WRITING RE3 QUIREMENT.—If the Administrator determines that 

4 a prime contractor failed to communicate any solici5 tation of a subcontract in plain writing in accord6 ance with paragraph (6)(J), the prime contractor 

7 shall communicate a new solicitation of the sub8 contract in plain writing not later than 30 days after 

9 the date on which the Administrator made that de10 termination.’’. 

11 (b) RULEMAKING.—Not later than 90 days after the 

12 date of enactment of this Act, the Administrator of the 

13 Small Business Administration shall promulgate regula14 tions to carry out paragraphs (6)(J) and (18) of section 

15 8(d) of the Small Business Act (15 U.S.C. 637(d)), as 

16 added by subsection (a). 


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Calendar No. 406 

118TH CONGRESS 

2D SESSION S. 3772 

A BILL 

To amend the Small Business Act to require that 

contracting plans, and for other purposes. tion of subcontractors be included in certain subplain writing statements regarding the solicitaMAY 23, 2024 

Reported without amendment 


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