I 

115TH CONGRESS 

2D SESSION H. R. 7221 

To require prime contractors under Federal construction contracts to notify 

the Government of changes in certain subcontractors performing work 

under the contract. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2018 

Mr. PETERS introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To require prime contractors under Federal construction contracts to notify the Government of changes in certain 

subcontractors performing work under the contract. 

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 ‘‘Stop Unfair Bid Shop5 ping Act of 2018’’ or the ‘‘SUBS Act’’. 


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•HR 7221 IH

1 SEC. 2. REQUIREMENT TO NOTIFY GOVERNMENT OF 

2 CHANGES TO SUBCONTRACTORS UNDER 

3 CONSTRUCTION CONTRACTS. 

4 (a) REQUIREMENT.—An agency awarding a construc5 tion contract using sealed bid procedures in an amount 

6 greater than $1,500,000 shall— 

7 (1) require an offeror for the contract to in8 clude a list in the offer of each subcontractor that 

9 the offeror intends to use in the performance of the 

10 contract, for any subcontract expected to be awarded 

11 in excess of $100,000; and 

12 (2) include a clause in the contract requiring 

13 that the prime contractor shall submit to the agency 

14 a written notification of any subcontractor sub15 stituted after the award of the contract for a sub16 contractor so listed, along with an updated estimate 

17 for the cost of performing the work associated with 

18 the substituted subcontractor. 

19 (b) MODIFICATION TO CONTRACT.—In the case of a 

20 construction contract covered by subsection (a), if the 

21 prime contractor notifies the agency of a substituted sub22 contractor under subsection (a)(2) and there is a signifi23 cant difference in the cost of performing the work associ24 ated with the substituted subcontractor, the contracting 

25 officer for the contract may modify the contract to take 


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•HR 7221 IH

1 into account the substitution of subcontractor, including 

2 modification of the amount of the contract. 

3 (c) AGENCY DEFINED.—In this Act, the term ‘‘agen4 cy’’ has the meaning provided the term ‘‘executive agency’’ 

5 by section 133 of title 41, United States Code, except the 

6 term does not include the Department of Defense or any 

7 military department, but such term shall include the 

8 United States Army Corps of Engineers. 

9 (d) REVISION OF FEDERAL ACQUISITION REGULA10 TION.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this section, the 

13 Federal Acquisition Regulation shall be revised to 

14 provide for the implementation of this section. 

15 (2) NOTICE AND COMMENT.—There shall be 

16 provided a public notice and comment period of not 

17 less than 60 days. 

18 (3) FINAL RULE.—Any final rule promulgated 

19 pursuant to this subsection shall take effect 30 days 

20 after the date on which the final rule is published 

21 in the Federal Register. 

22 (e) EFFECTIVE DATE.—This Act shall apply with re23 spect to contracts awarded on or after the date occurring 

24 180 days after the date of the enactment of this Act. 

Æ 


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