SUBCONTRACTING ASSISTANCE.

SEC. 304. SUBCONTRACTING ASSISTANCE. (a) Encouraging Compliance.— Section 8(d)(4) of the Small Business Act (15 U.S.C. 637(d)(4)) is amended by adding at the end thereof the following new subparagraph: “(F) (i) Each contract subject to the requirements of this paragraph or paragraph (5) shall contain a clause for the payment of liquidated damages upon a finding that a prime contractor has failed to make a good faith effort to comply with the requirements imposed on such contractor by this subsection. “(ii) The contractor shall be afforded an opportunity to demonstrate a good faith effort regarding compliance prior to the contracting officer’s final decision regarding the impositon of damages and the amount thereof. The final decision of a contracting officer regarding the contractor’s obligation to pay such damages, or102 STAT. 3873 the amounts thereof, shall be subject to the Contract Disputes Act of 1978(41 U.S.C. 601–613). “(iii) Each agency shall ensure that the goals offered by the apparent successful bidder or offeror are attainable in relation to— “(I) the subcontracting opportunities available to the contractor, commensurate with the efficient and economical performance of the contract; “(II) the pool of eligible subcontractors available to fulfill the subcontracting opportunities; and “(III) the actual performance of such contractor in fulfilling the subcontracting goals specified in prior plans.”. (b) Liquidated Damages Clause.— The contract clause required by section 8(d)(4)(F) of the Small Business Act (as added by subsection (a)) shall be made part of the Federal Acquisition Regulation and promulgated pursuant to section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b).