Simplifying Subcontracting Act

Summary#

This bill amends section 8(d) of the Small Business Act to require plain writing in certain subcontracting plans. It adds a new statement that an offeror or bidder must include that says they will communicate all solicitations for subcontracts in plain writing so small businesses can understand the opportunity. It also requires offerors to include that plain writing requirement in any subcontracts that offer subcontracting opportunities. If the Small Business Administration (SBA) finds a prime contractor did not use plain writing, the prime contractor must issue a new plain-writing solicitation within 30 days of that finding. The SBA must publish regulations to implement these changes within 90 days after the bill becomes law.

What it means for you#

• Prime contractors must say in certain subcontracting plans that they will use plain writing when advertising subcontracting opportunities and will flow that requirement down to their subcontractors.
• If the SBA determines a prime contractor failed to do this, the prime contractor must reissue the solicitation in plain writing within 30 days.
• Small businesses seeking subcontract work should receive solicitations that are written in plain, easy-to-understand language once the rule is in effect.
• The SBA will write and publish rules to explain how the new requirements will work within 90 days of the law taking effect.

Expenses#

No publicly available information.

Proponents' View#

The bill’s text says the goal is to make subcontract solicitations "easily understood by small business concerns seeking to obtain a subcontracting opportunity." Proponents would view the changes as a way to increase clarity and access for small businesses by requiring plain writing and by making prime contractors promise to include the requirement in subcontracts.

Opponents' View#

No publicly available information.