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S 592119th CongressIn Committee

Simplifying Subcontracting Act

Introduced: Feb 13, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Simplifying Subcontracting Act would require that plain writing standards, as defined by the Plain Writing Act of 2010, be incorporated into certain subcontracting practices under the Small Business Act. Specifically, it adds a new representation that prime contractors will communicate all subcontract solicitations in plain writing and will include this plain-writing requirement in all subcontracts that offer subcontracting opportunities. If the Small Business Administration (SBA) administrator determines a prime contractor failed to meet the plain-writing standard, the contractor must reissue the solicitation in plain writing within 30 days. The bill also requires the SBA administrator to issue regulations within 90 days to implement these provisions. In short, the bill seeks to improve the clarity of subcontract solicitations to help small businesses understand and compete for subcontracting opportunities, while creating enforcement and regulatory requirements for compliance.

Key Points

  • 1Adds a new representation in the Small Business Act stating that offerors/bidders will communicate all subcontract solicitations in plain writing and will include the plain-writing requirement in all subcontracts offering subcontracting opportunities.
  • 2Establishes a compliance trigger: if the SBA Administrator finds a prime contractor failed to use plain writing, the contractor must reissue the solicitation in plain writing within 30 days.
  • 3Requires the Administrator to promulgate regulations within 90 days of enactment to implement the new plain-writing requirements.
  • 4Ties the plain-writing standard to the Plain Writing Act of 2010 definition of plain writing.
  • 5Amends Section 8(d) of the Small Business Act to insert the new representation and the compliance mechanism.

Impact Areas

Primary group/area affected: Prime contractors and their subcontracting plans, as well as small business subcontractors seeking opportunities.Secondary group/area affected: Small businesses involved in government procurement, procurement officers, and SBA oversight and compliance activities.Additional impacts: Could increase administrative requirements for primes to ensure all solicitations and subcontracts meet plain-writing standards; potential effects on procurement timelines due to re-solicitation requirements; need for training and process changes to adopt plain-language communication.
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