I 

111TH CONGRESS 

1ST SESSION H. R. 4134 

To require companies submitting offers to the Government for Federal contracts to include subcontracting agreements with the offers, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Mr. CLAY (for himself, Ms. CLARKE, Mr. GRIJALVA, Mrs. CHRISTENSEN, Ms. 

BORDALLO, Ms. NORTON, Ms. CORRINE BROWN of Florida, and Mr. 

DAVIS of Illinois) introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require companies submitting offers to the Government 

for Federal contracts to include subcontracting agreements with the offers, 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 ‘‘Subcontractor Fair5 ness Act of 2009’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4134 IH

1 SEC. 2. REQUIREMENT FOR SUBCONTRACTING AGREE2 MENTS TO BE INCLUDED WITH OFFERS FOR 

3 GOVERNMENT CONTRACTS. 

4 (a) CIVILIAN AGENCY CONTRACTS.—Title III of the 

5 Federal Property and Administrative Services Act of 1949 

6 is amended by inserting after section 303M the following 

7 new section: 

8 ‘‘SEC. 303N. REQUIREMENT FOR SUBCONTRACTING AGREE9 MENTS. 

10 ‘‘(a) IN GENERAL.—Each solicitation for competitive 

11 proposals for the procurement of property or services in 

12 an amount greater than $550,000, or for construction in 

13 an amount greater than $1,000,000, made by an executive 

14 agency shall provide that any offeror submitting a pro15 posal in response to the solicitation shall enter into a sub16 contracting agreement that meets the requirements of 

17 subsection (b) for each subcontract expected to be award18 ed by the offeror in the performance of the contract. 

19 ‘‘(b) SUBCONTRACTING AGREEMENT REQUIRE20 MENTS.—Each subcontracting agreement required by sub21 section (a) shall— 

22 ‘‘(1) provide that, if the offeror is awarded the 

23 prime contract by the executive agency, the subcon24 tracting agreement will become a valid subcontract 

25 between the offeror and the subcontractor upon 

26 award of the prime contract; and 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 4134 IH

1 ‘‘(2) include the following with respect to the 

2 subcontract concerned: 

3 ‘‘(A) The identity of the subcontractor. 

4 ‘‘(B) The scope of work to be performed 

5 under the subcontract. 

6 ‘‘(C) The dollar amount of the subcontract. 

7 ‘‘(c) COPY OF AGREEMENT.—A copy of each subcon8 tracting agreement required by subsection (a) shall be in9 cluded in any competitive proposal submitted in response 

10 to a solicitation described in that subsection.’’. 

11 (b) DEFENSE CONTRACTS.— 

12 (1) IN GENERAL.—Chapter 137 of title 10, 

13 United States Code, is amended by inserting after 

14 section 2305a the following new section: 

15 ‘‘§ 2305b. Requirement for subcontracting agreements 

16 ‘‘(a) IN GENERAL.—Each solicitation for competitive 

17 proposals for the procurement of property or services in 

18 an amount greater than $550,000, or for construction in 

19 an amount greater than $1,000,000, made by the head 

20 of an agency shall provide that any offeror submitting a 

21 proposal in response to the solicitation shall enter into a 

22 subcontracting agreement that meets the requirements of 

23 subsection (b) for each subcontract expected to be award24 ed by the offeror in the performance of the contract. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 4134 IH

1 ‘‘(b) SUBCONTRACTING AGREEMENT REQUIRE2 MENTS.—Each subcontracting agreement required by sub3 section (a) shall— 

4 ‘‘(1) provide that, if the offeror is awarded the 

5 prime contract by the agency, the subcontracting 

6 agreement will become a valid subcontract between 

7 the offeror and the subcontractor upon award of the 

8 prime contract; and 

9 ‘‘(2) include the following with respect to the 

10 subcontract concerned: 

11 ‘‘(A) The identity of the subcontractor. 

12 ‘‘(B) The scope of work to be performed 

13 under the subcontract. 

14 ‘‘(C) The dollar amount of the subcontract. 

15 ‘‘(c) COPY OF AGREEMENT.—A copy of each subcon16 tracting agreement required by subsection (a) shall be in17 cluded in any competitive proposal submitted in response 

18 to a solicitation described in that subsection.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of such chapter is amended 

21 by adding at the end the following new item: 

‘‘2305b. Requirement for subcontracting agreements.’’. 

22 (c) EFFECTIVE DATE.—Section 303N of the Federal 

23 Property and Administrative Services Act of 1949 and 

24 section 2305b of title 10, United States Code, as added 

25 by subsections (a) and (b), respectively, shall apply with 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 4134 IH

1 respect to contracts entered into after the date occurring 

2 60 days after the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS