124 STAT. 2542 PUBLIC LAW 111–240—SEPT. 27, 2010 SEC. 1333. AGENCY ACCOUNTABILITY. Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended— (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; (2) by striking ‘‘Goals established’’ and inserting the fol- lowing: ‘‘(B) Goals established’’; (3) by striking ‘‘Whenever’’ and inserting the following: ‘‘(C) Whenever’’; (4) by striking ‘‘For the purpose of’’ and inserting the fol- lowing: ‘‘(D) For the purpose of’’; (5) by striking ‘‘The head of each Federal agency, in attempting to attain such participation’’ and inserting the fol- lowing: ‘‘(E) The head of each Federal agency, in attempting to attain the participation described in subparagraph (D)’’. (6) in subparagraph (E), as so designated— (A) by striking ‘‘(A) contracts’’ and inserting ‘‘(i) con- tracts’’; and (B) by striking ‘‘(B) contracts’’ and inserting ‘‘(ii) con- tracts’’; and (7) by adding at the end the following: ‘‘(F)(i) Each procurement employee or program manager described in clause (ii) shall communicate to the subordinates of the procurement employee or program manager the importance of achieving small business goals. ‘‘(ii) A procurement employee or program manager described in this clause is a senior procurement executive, senior program manager, or Director of Small and Disadvantaged Business Utiliza- tion of a Federal agency having contracting authority.’’. SEC. 1334. PAYMENT OF SUBCONTRACTORS. Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following: ‘‘(12) PAYMENT OF SUBCONTRACTORS.— ‘‘(A) DEFINITION.—In this paragraph, the term ‘covered con- tract’ means a contract relating to which a prime contractor is required to develop a subcontracting plan under paragraph (4) or (5). ‘‘(B) NOTICE.— ‘‘(i) IN GENERAL.—A prime contractor for a covered contract shall notify in writing the contracting officer for the covered contract if the prime contractor pays a reduced price to a subcontractor for goods and services upon comple- tion of the responsibilities of the subcontractor or the pay- ment to a subcontractor is more than 90 days past due for goods or services provided for the covered contract for which the Federal agency has paid the prime contractor. ‘‘(ii) CONTENTS.—A prime contractor shall include the reason for the reduction in a payment to or failure to pay a subcontractor in any notice made under clause (i). ‘‘(C) PERFORMANCE.—A contracting officer for a covered contract shall consider the unjustified failure by a prime con- tractor to make a full or timely payment to a subcontractor in evaluating the performance of the prime contractor.
