Section 1322 of the Small Business
Jobs Act of 2010 (Jobs Act), Pub. L. 111-240, amends the Small
Business Act (15 U.S.C. 637(d)(6)) to requires as part of a
subcontracting plan that a prime contractors make good faith
efforts to utilize a small business subcontractors during
performance of a contract to the same degree the prime contractor
relied on the small business in preparing and submitting its bid or
proposal. If a prime contractor does not utilize a small business
subcontractor as described above, the prime contractor is required
to explain, in writing, to the contracting officer the reasons why
it is unable to do so. The Small Business Administration (SBA) made
regulatory changes in its final rule at 78 FR 42391, dated July 16,
2013 to implement the statutory requirements set forth at section
1322.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.