I 
116TH CONGRESS 
1ST SESSION H. R. 5247 
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 
NOVEMBER 21, 2019 
Mr. PETERS introduced the following bill; which was referred to the 
Committee on Oversight and 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 2019’’ 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 that includes— 
(A) each subcontractor that the offeror in-
tends to use in the performance of the contract, 
for any subcontract expected to be awarded in 
excess of $100,000; and 
(B) any work estimated to cost in excess of 
$100,000 that will solely be performed by the 
prime contractor for the contract; 
(2) include a clause in the contract requiring 
that the prime contractor shall submit to the agency 
a written notification of— 
(A) any subcontractor substituted after the 
award of the contract for a subcontractor listed 
under paragraph (1)(A), along with an updated 
estimate for the cost of performing the work as-
sociated with the substituted subcontractor; and 
(B) any subcontract entered into for work 
listed under paragraph (1)(B). 
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(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 the cost of per-
forming the work associated with the substituted con-
tractor is estimated to cost 10 percent or greater less than 
the cost for performing such work as bid, the contracting 
officer for the contract may modify the contract to reduce 
the amount of the contract award to take into account 
the substitution of subcontractor. 
(c) AGENCY DEFINED.—In this section, the term 
‘‘agency’’— 
(1) has the meaning given the term ‘‘executive 
agency’’ in section 133 of title 41, United States 
Code; 
(2) does not include the Department of Defense 
or any military department; and 
(3) includes 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. 
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(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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