I 
111TH CONGRESS 
1ST SESSION H. R. 4134 
To require companies submitting offers to the Government for Federal con-
tracts 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 deter-
mined 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 agree-
ments with the offers, 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 ‘‘Subcontractor Fair-
ness Act of 2009’’. 
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SEC. 2. REQUIREMENT FOR SUBCONTRACTING AGREE-
MENTS TO BE INCLUDED WITH OFFERS FOR 
GOVERNMENT CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.—Title III of the 
Federal Property and Administrative Services Act of 1949 
is amended by inserting after section 303M the following 
new section: 
‘‘SEC. 303N. REQUIREMENT FOR SUBCONTRACTING AGREE-
MENTS. 
‘‘(a) IN GENERAL.—Each solicitation for competitive 
proposals for the procurement of property or services in 
an amount greater than $550,000, or for construction in 
an amount greater than $1,000,000, made by an executive 
agency shall provide that any offeror submitting a pro-
posal in response to the solicitation shall enter into a sub-
contracting agreement that meets the requirements of 
subsection (b) for each subcontract expected to be award-
ed by the offeror in the performance of the contract. 
‘‘(b) 
SUBCONTRACTING
AGREEMENT
REQUIRE-
MENTS.—Each subcontracting agreement required by sub-
section (a) shall— 
‘‘(1) provide that, if the offeror is awarded the 
prime contract by the executive agency, the subcon-
tracting agreement will become a valid subcontract 
between the offeror and the subcontractor upon 
award of the prime contract; and 
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‘‘(2) include the following with respect to the 
subcontract concerned: 
‘‘(A) The identity of the subcontractor. 
‘‘(B) The scope of work to be performed 
under the subcontract. 
‘‘(C) The dollar amount of the subcontract. 
‘‘(c) COPY OF AGREEMENT.—A copy of each subcon-
tracting agreement required by subsection (a) shall be in-
cluded in any competitive proposal submitted in response 
to a solicitation described in that subsection.’’. 
(b) DEFENSE CONTRACTS.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2305a the following new section: 
‘‘§ 2305b. Requirement for subcontracting agreements 
‘‘(a) IN GENERAL.—Each solicitation for competitive 
proposals for the procurement of property or services in 
an amount greater than $550,000, or for construction in 
an amount greater than $1,000,000, made by the head 
of an agency shall provide that any offeror submitting a 
proposal in response to the solicitation shall enter into a 
subcontracting agreement that meets the requirements of 
subsection (b) for each subcontract expected to be award-
ed by the offeror in the performance of the contract. 
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‘‘(b) 
SUBCONTRACTING
AGREEMENT
REQUIRE-
MENTS.—Each subcontracting agreement required by sub-
section (a) shall— 
‘‘(1) provide that, if the offeror is awarded the 
prime contract by the agency, the subcontracting 
agreement will become a valid subcontract between 
the offeror and the subcontractor upon award of the 
prime contract; and 
‘‘(2) include the following with respect to the 
subcontract concerned: 
‘‘(A) The identity of the subcontractor. 
‘‘(B) The scope of work to be performed 
under the subcontract. 
‘‘(C) The dollar amount of the subcontract. 
‘‘(c) COPY OF AGREEMENT.—A copy of each subcon-
tracting agreement required by subsection (a) shall be in-
cluded in any competitive proposal submitted in response 
to a solicitation described in that subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2305b. Requirement for subcontracting agreements.’’. 
(c) EFFECTIVE DATE.—Section 303N of the Federal 
Property and Administrative Services Act of 1949 and 
section 2305b of title 10, United States Code, as added 
by subsections (a) and (b), respectively, shall apply with 
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