TEMPORARY EXTENSION OF AND AMENDMENTS TO TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS.

SEC. 821. TEMPORARY EXTENSION OF AND AMENDMENTS TO TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. (a) Extension.—Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking “December 31, 2014” and inserting “December 31, 2017”. (b) Additional Requirements for Comprehensive Subcontracting Plans.—Subsection (b) of section 834 of such Act is amended— (1) in paragraph (1), by striking “paragraph (3)” and inserting “paragraph (4)”; (2) by redesignating paragraph (3) as paragraph (4), and in that paragraph by striking “$5,000,000” and inserting “$100,000,000”; and (3) by inserting after paragraph (2) the following new paragraph (3): “(3) Each comprehensive subcontracting plan of a contractor shall require that the contractor report to the Secretary of Defense on a semi-annual basis the following information: “(A) The amount of first-tier subcontract dollars awarded during the six-month period covered by the report to covered small business concerns, with the information set forth separately— “(i) by North American Industrial Classification System code; “(ii) by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code; “(iii) by contract, if the contract is for the maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment and the total value of the contract, including options, exceeds $100,000,000; and “(iv) by military department. “(B) The total number of subcontracts active under the test program during the six-month period covered by the report that would have otherwise required a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)). “(C) Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans. “(D) Costs avoided by adoption of a comprehensive subcontracting plan.” . (c) Additional Consequence for Failure to Make Good Faith Effort to Comply.— (1) Amendments.—Subsection (d) of section 834 of such Act is amended— (A) by striking “Company-wide” and inserting “Comprehensive” in the heading; (B) by striking “company-wide” and inserting “comprehensive subcontracting”; and (C) by adding at the end the following: “In addition, any such failure shall be a factor considered as part of the evaluation of past performance of an offeror.”. (2) Repeal of suspension of subsection (d).—Section 402 of Public Law 101-574 (104 Stat. 2832; 15 U.S.C. 637 note) is repealed. (d) Eligibility Requirement.—Subsection (d) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is further amended— (1) by inserting “(1)” before “A contractor that”; and (2) by adding at the end the following new paragraph: “(2) Effective in fiscal year 2016 and each fiscal year thereafter in which the test program is in effect, the Secretary of Defense may not negotiate a comprehensive subcontracting plan for a fiscal year with any contractor with which such a plan was negotiated in the prior fiscal year if the Secretary determines that the contractor did not meet the subcontracting goals negotiated in the plan for the prior fiscal year.” . (e) Report by Comptroller General.—Subsection (f) of section 834 of such Act is amended to read as follows: “(f) Report.—Not later than September 30, 2015, the Comptroller General of the United States shall submit a report on the results of the test program to the Committees on Armed Services and on Small Business of the House of Representatives and the Committees on Armed Services and on Small Business and Entrepreneurship of the Senate.” . (f) Additional Definitions.— (1) Covered small business concern.—Subsection (g) of section 834 of such Act is amended to read as follows: “(g) Definitions.—In this section, the term ‘covered small business concern’ includes each of the following: “(1) A small business concern, as that term is defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). “(2) A small business concern owned and controlled by veterans, as that term is defined in section 3(q)(3) of such Act (15 U.S.C. 632(q)(3)). “(3) A small business concern owned and controlled by service-disabled veterans, as that term is defined in section 3(q)(2) of such Act (15 U.S.C. 632(q)(2)). “(4) A qualified HUBZone small business concern, as that term is defined under section 3(p)(5) of such Act (15 U.S.C. 632(p)(5)). “(5) A small business concern owned and controlled by socially and economically disadvantaged individuals, as that term is defined in section 8(d)(3)(C) of such Act (15 U.S.C. 637(d)(3)(C)). “(6) A small business concern owned and controlled by women, as that term is defined under section 3(n) of such Act (15 U.S.C. 632(n)).” . (2) Conforming amendment.—Subsection (a)(1) of section 834 of such Act is amended by striking “small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals” and inserting “covered small business concerns”.