VA SUBCON Act

The Secretary of Veterans Affairs, acting through the Director of Small and Disadvantaged Business Utilization of the Department of Veterans Affairs (as established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k))), shall establish and maintain a database of small business concerns certified by the Small Business Administration as small business concerns owned and controlled by veterans.

The purpose of the database shall be to assist the Department in meeting the small business contracting goals established pursuant to subparagraphs (A) and (B) of section 8127(a)(1) of title 38, United States Code (relating to small business concerns owned and controlled by veterans), and in implementing the review mechanism required by section 8127(a)(4) of such title. As such, the database shall enable users to distinguish between—

(A) small business concerns owned and controlled by veterans who are not veterans with service-connected disabilities; and

(B) small business concerns owned and controlled by veterans with service-connected disabilities.

Notwithstanding paragraphs (1) and (2), the Secretary, acting through the Director, shall exclude from the database—

(A) any small business concern that is part of a mentor-protegé program or joint venture; and

(B) any small business concern that has not had at least two past prime contracts for which the concern received an evaluation rating of Satisfactory or better pursuant to the Contractor Performance Assessment Reporting System (CPARS).

The Secretary, acting through the Director, shall make the database available to other-than-small businesses who are offerors on Department contracts (including subcontracts) at appropriate stages of the acquisition process for use by such businesses in formulating any required small business subcontracting plans.

Not later than 180 days after the date of the establishment of the database, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the database. The report shall include—

(1) a description of the extent to which the database has been made available to, and used by, businesses under subsection (b);

(2) the number of small business concerns owned and controlled by veterans who, since the date of the establishment of the database, have been selected as subcontractors on Department contracts, including the number of such concerns owned and controlled by veterans who are not veterans with service-connected disabilities and the number of such concerns owned and controlled by veterans with service-connected disabilities; and

(3) the recommendations of the Secretary for increasing the utilization of the database.

This section shall be implemented using existing personnel, systems, and funds. This section does not authorize additional appropriations or the establishment of a new program, office, or organizational entity.

This section shall sunset on December 31, 2028.