I 
115TH CONGRESS 
2D SESSION 
H. R. 6367 
To amend the Small Business Act to specify what credit is given for certain 
subcontractors and to provide a dispute process for non-payment to 
subcontractors, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2018 
Mr. LAWSON of Florida introduced the following bill; which was referred to 
the Committee on Small Business 
A BILL 
To amend the Small Business Act to specify what credit 
is given for certain subcontractors and to provide a dis-
pute process for non-payment to subcontractors, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Incentivizing Fairness 
in Subcontracting Act’’. 
SEC. 2. SMALL BUSINESS LOWER-TIER SUBCONTRACTING. 
Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended— 
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(1) by amending paragraph (16) to read as fol-
lows: 
‘‘(16) CREDIT FOR CERTAIN SMALL BUSINESS 
CONCERN SUBCONTRACTORS.— 
‘‘(A) IN GENERAL.—For purposes of deter-
mining whether or not a prime contractor has 
attained the percentage goals specified in para-
graph (6)— 
‘‘(i) if the subcontracting goals per-
tain only to a single contract with the Fed-
eral agency, the prime contractor may elect 
to receive credit for small business con-
cerns performing as first tier subcontrac-
tors or subcontractors at any tier pursuant 
to the subcontracting plans required under 
paragraph (6)(D) in an amount equal to 
the dollar value of work awarded to such 
small business concerns; and 
‘‘(ii) credit is not permitted for sub-
contracts at any tier that are to be re-
ported under a commercial plan or a De-
partment of Defense comprehensive sub-
contracting plan. 
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‘‘(B) COLLECTION AND REVIEW OF DATA 
ON
SUBCONTRACTING
PLANS.—The head of 
each contracting agency shall ensure that— 
‘‘(i) the agency collects and reports 
data on the extent to which contractors of 
the agency meet the goals and objectives 
set forth in subcontracting plans submitted 
pursuant to this subsection; and 
‘‘(ii) the agency periodically reviews 
data collected and reported pursuant to 
subparagraph (A) for the purpose of en-
suring that such contractors comply in 
good faith with the requirements of this 
subsection and subcontracting plans sub-
mitted by the contractors pursuant to this 
subsection. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall permit lower-tier sub-
contracting goaling requirements to prime con-
tractors that are eligible to receive lower-tier 
subcontracting credit under this paragraph. 
‘‘(D) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) COMMERCIAL
PLAN.—The term 
‘commercial plan’ has the meaning give 
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