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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

S 370: A bill to require contractors to notify small business concerns that have been included in offers relating to contracts let by Federal agencies, and for other purposes.

Official Title

A bill to require contractors to notify small business concerns that have been included in offers relating to contracts let by Federal agencies, and for other purposes.

Analysis

This bill would amend Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) to require that an offeror who is awarded a government contract with a Federal agency notify all small business concerns of their inclusion as potential subcontractors in the offer at issue. S. 370 would require any offeror that “intends to identify a small business concern as a potential subcontractor in the offer relating to the contract” to (1) notify the small business concern that the offeror intends to identify them as a potential subcontractor in the offer, and (2) include with the offer a written acknowledgment by the small business concern that the notice has been received. Violations of this provision would initially be punishable by a fine equivalent to 20 percent of the value of the contract at issue. Subsequent violations would be punishable by a fine equal to 50 percent of the value of the contract at issue or by debarment from contracting with the United States government for a period of one year. Three-time violators of the provisions of S. 370 would be subject to permanent debarment from contracting with the United States government.

Legislation Details
SPONSOR

Casey (D - PA)

STATUS:

02/16/2011: Referred to Senate Small Business and Entrepreneurship Committee
02/16/2011: Introduced in Senate