The bill mandates prime contractors to use plain language when soliciting subcontracts, making it easier for small businesses to understand and compete for these opportunities.
James Risch
Senator
ID
The Simplifying Subcontracting Act requires prime contractors to use plain language when soliciting subcontracts, making it easier for small businesses to understand the solicitations. Prime contractors must confirm they will use plain writing in solicitations and include this requirement in all subcontracts. Failure to comply requires the contractor to issue a new solicitation in plain writing within 30 days. The Small Business Administration will issue regulations to implement these requirements within 90 days.
Subcontracting Just Got Easier: New Bill Demands Plain English in Bidding
The Simplifying Subcontracting Act is all about cutting the red tape for small businesses looking to get in on government contracts. Basically, it forces prime contractors—those big companies that win major government deals—to use plain English when they're looking for subcontractors. No more legal mumbo-jumbo that nobody understands.
Straight Talk in Subcontracting
The core of the bill is simple: If you're a prime contractor, you have to write your subcontracting solicitations in a way that's easy to grasp. Think clear sentences, everyday language, and no hidden clauses. This applies to all solicitations and related subcontracts, ensuring that the clarity isn't just for show. And it's not just a suggestion; prime contractors have to confirm, in writing, that they're playing by these new rules (Section 2).
Real-World Rollout
So, how does this play out? Imagine a small construction firm in Des Moines. Previously, they might have skipped bidding on a federal project because the subcontracting paperwork looked like a nightmare. Now, the solicitations have to be straightforward. If the feds think a prime contractor isn't using plain English, that contractor gets 30 days to fix it and reissue the solicitation (Section 2). The Small Business Administration (SBA) is in charge of making the detailed rules for this within 90 days of the law's enactment, so expect those specifics soon (Section 2).
Why It Matters
This change could be a game-changer for small businesses—think local tech startups, family-owned suppliers, or independent trucking companies. Clearer solicitations mean more bids, more competition, and potentially, better deals for both the government and subcontractors. It levels the playing field, making it less about who can afford the best lawyers and more about who can do the best job.
Challenges on the Horizon
Of course, there's always the practical side. While "plain writing" sounds simple, it can be subjective. Prime contractors might still try to sneak in complicated terms, and it's up to the SBA to make sure that doesn't happen. Consistent enforcement will be key. Still, this bill is a solid step toward making government contracting more accessible to the small businesses that are the backbone of the economy.