Title: SUBS Act
Policy area: Government Operations and Politics

Summary:
Stop Unfair Bid Shopping Act of 2018 or the SUBS Act
This bill requires an executive agency awarding a construction contract using sealed bid procedures in an amount greater than $1.5 million to: (1) require an offeror for the contract to include a list in the offer of each subcontractor that the offeror intends to use, 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 submit to the agency a written notification of any subcontractor substituted after the award of the contract for a subcontractor so listed, along with an updated estimate for the cost of performing the work associated with the substituted subcontractor.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7221 Introduced in House (IH)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Unfair Bid Shopping Act of 
2018'' or the ``SUBS Act''.

SEC. 2. REQUIREMENT TO NOTIFY GOVERNMENT OF CHANGES TO SUBCONTRACTORS 
              UNDER CONSTRUCTION CONTRACTS.

    (a) Requirement.--An agency awarding a construction contract using 
sealed bid procedures in an amount greater than $1,500,000 shall--
            (1) require an offeror for the contract to include 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 substituted after the award 
        of the contract for a subcontractor 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 subcontractor under subsection (a)(2) and 
there is a significant difference in the cost of performing the work 
associated with the substituted subcontractor, the contracting officer 
for the contract may modify the contract to take into account the 
substitution of subcontractor, including modification of the amount of 
the contract.
    (c) Agency Defined.--In this Act, the term ``agency'' 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 Regulation.--
            (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 respect to contracts 
awarded on or after the date occurring 180 days after the date of the 
enactment of this Act.
                                 <all>