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 con-
tracts to notify the Government of changes in certain 
subcontractors performing work under the contract. 
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 ‘‘Stop Unfair Bid Shop-
ping Act of 2018’’ or the ‘‘SUBS Act’’. 
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SEC. 2. REQUIREMENT TO NOTIFY GOVERNMENT OF 
CHANGES 
TO 
SUBCONTRACTORS 
UNDER 
CONSTRUCTION CONTRACTS. 
(a) REQUIREMENT.—An agency awarding a construc-
tion contract using sealed bid procedures in an amount 
greater than $1,500,000 shall— 
(1) require an offeror for the contract to in-
clude a list in the offer of each subcontractor that 
the offeror intends to use in the performance of the 
contract, for any subcontract expected to be awarded 
in excess of $100,000; and 
(2) include a clause in the contract requiring 
that the prime contractor shall submit to the agency 
a written notification of any subcontractor sub-
stituted after the award of the contract for a sub-
contractor so listed, along with an updated estimate 
for the cost of performing the work associated with 
the substituted subcontractor. 
(b) MODIFICATION TO CONTRACT.—In the case of a 
construction contract covered by subsection (a), if the 
prime contractor notifies the agency of a substituted sub-
contractor under subsection (a)(2) and there is a signifi-
cant difference in the cost of performing the work associ-
ated with the substituted subcontractor, the contracting 
officer for the contract may modify the contract to take 
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into account the substitution of subcontractor, including 
modification of the amount of the contract. 
(c) AGENCY DEFINED.—In this Act, the term ‘‘agen-
cy’’ has the meaning provided the term ‘‘executive agency’’ 
by section 133 of title 41, United States Code, except the 
term does not include the Department of Defense or any 
military department, but such term shall include the 
United States Army Corps of Engineers. 
(d) REVISION OF FEDERAL ACQUISITION REGULA-
TION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
Federal Acquisition Regulation shall be revised to 
provide for the implementation of this section. 
(2) NOTICE
AND
COMMENT.—There shall be 
provided a public notice and comment period of not 
less than 60 days. 
(3) FINAL RULE.—Any final rule promulgated 
pursuant to this subsection shall take effect 30 days 
after the date on which the final rule is published 
in the Federal Register. 
(e) EFFECTIVE DATE.—This Act shall apply with re-
spect to contracts awarded on or after the date occurring 
180 days after the date of the enactment of this Act. 
Æ 
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