Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes It shall be the duty of the and it is hereby empowered, whenever it determines such action is necessary or appropriate— to enter into contracts with the Government and any department, agency, or officer thereof having procurement powers obligating the to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the certifies to any officer of the Government having procurement powers that the is competent and responsible to perform any specific to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to theupon such terms and conditions as may be agreed upon between theand the procurement officer. Whenever theand such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Not later than 5 days from the date theis notified of a procurement officer’s adverse decision, themay notify the of the intent to appeal such adverse decision, and within 15 days of such date theshall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagraph, a procurement officer’s adverse decision includes a decision not to make available for award pursuant to this subsection a particular procurement requirement or the failure to agree on the terms and conditions of a contract to be awarded noncompetitively under the authority of this subsection. Upon receipt of the notice of intent to appeal, the Secretary of the department or the agency head shall suspend further action regarding the procurement until a written decision on thes request for reconsideration has been issued by such Secretary or agency head, unless such officer makes a written determination that urgent and compelling circumstances which significantly affect interests of thewill not permit waiting for a reconsideration of the adverse decision. If thes request for reconsideration is denied, the Secretary of the department or agency head shall specify the reasons why the selected firm was determined to be incapable to perform the procurement requirement, and the findings supporting such determination, which shall be made a part of the contract file for the requirement. A contract may not be awarded under this subsection if the award of the contract would result in a cost to the awarding agency which exceeds a
to arrange for the performance of such procurement contracts by negotiating or otherwise letting to for construction work, services, or the manufacture, supply, assembly of such articles, equipment, supplies, materials, or parts thereof, or servicing or processing in connection therewith, or such management services as may be necessary to enable theto perform such contracts;
to make an award to a which has completed its period of Program Participation as prescribed by section 636(j)(15) of this title, if— the contract will be awarded as a result of an offer (including price) submitted in response to a published solicitation relating to a competition conducted pursuant to subparagraph (D); and
the prospective contract awardee was a Program Participant eligible for award of the contract on the date specified for receipt of offers contained in the contract solicitation; and
A contract opportunity offered for award pursuant to this subsection shall be awarded on the basis of competition restricted to eligible Program Participants if— there is a reasonable expectation that at least two eligible Program Participants will submit offers and that award can be made at a , and
the anticipated award price of the contract (including options) will exceed $7,000,000 in the case of a contract opportunity assigned a standard industrial classification code for manufacturing and $3,000,000 (including options) in the case of all other contract opportunities.
The Associate for Minority Small Business and Capital Ownership Development, on a nondelegable basis, is authorized to approve a request from an agency to award a contract opportunity under this subsection on the basis of a competition restricted to eligible Program Participants even if the anticipated award price is not expected to exceed the dollar amounts specified in clause (i)(II). Such approvals shall be granted only on a limited basis.
the takes such measures as it deems appropriate for the protection of persons furnishing materials and labor to a small business receiving any benefit pursuant to this paragraph;
the assists, insofar as practicable, a small business receiving the benefits of this paragraph to develop, within a reasonable period of time, such financial and other capability as may be needed to obtain such bonds as the may subsequently require for the successful completion of any program conducted under the authority of this subsection;
the small business is determined to be a start-up concern and such concern has not been participating in any program conducted under the authority of this subsection for a period exceeding one year.
The authority to waive bonds provided in this paragraph (2) may not be exercised after September 30, 1988.
Any Program Participant selected by the to perform a contract to be let noncompetitively pursuant to this subsection shall, when practicable, participate in any negotiation of the terms and conditions of such contract.
For purposes of paragraph (1) a “” shall be determined by the agency offering the procurement requirement to the in accordance with clauses (ii) and (iii).
The estimate of a current for a new procurement requirement, or a requirement that does not have a satisfactory procurement history, shall be derived from a price or cost analysis. Such analysis may take into account prevailing market conditions, commercial prices for similar products or services, or data obtained from any other agency. Such analysis shall consider such cost or pricing data as may be timely submitted by the
The estimate of a current for a procurement requirement that has a satisfactory procurement history shall be based on recent award prices adjusted to insure comparability. Such adjustments shall take into account differences in quantities, performance times, plans, specifications, transportation costs, packaging and packing costs, labor and materials costs, overhead costs, and any other additional costs which may be deemed appropriate.
An agency offering a procurement requirement for potential award pursuant to this subsection shall, upon the request of the , promptly submit to the a written statement detailing the method used by the agency to estimate the current for such contract, identifying the information, studies, analyses, and other data used by such agency. The agency’s estimate of the current (and any supporting data furnished to the shall not be disclosed to any potential offeror (other than the.
A selected by theto perform or negotiate a contract to be let pursuant to this subsection may request theto protest the agency’s estimate of thefor such contract pursuant to paragraph (1)(A).
For purposes of this section, the term “” means anywhich meets the requirements of subparagraph (B) and— in the case of any publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by— an economically disadvantaged (or a wholly owned business entity of such tribe), or
A meets the requirements of this subparagraph if the management and daily business operations of such are controlled by one or more— socially and economically disadvantaged individuals described in subparagraph (A)(i)(I) or subparagraph (A)(ii)(I),
members of an economically disadvantaged described in subparagraph (A)(i)(II) or subparagraph (A)(ii)(II), or
Each Program Participant shall certify, on an annual basis, that it meets the requirements of this paragraph regarding ownership and control.
Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.
Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities the shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individual. In determining the economic disadvantage of an , theshall consider, where available, information such as the following: the per capita income of members of the tribe excluding judgment awards, the percentage of the local Indian population below the poverty level, and the tribe’s access to capital markets.
a record of all payments made by the Program Participant to each of its disadvantaged owners or to any person or entity affiliated with such owners; and
such other information as the may deem necessary to make the determinations required by this paragraph.
Whenever, on the basis of information provided by a Program Participant pursuant to subparagraph (B) or otherwise, the has reason to believe that the standards to establish economic disadvantage pursuant to subparagraph (A) have not been met, the shall conduct a review to determine whether such Program Participant and its disadvantaged owners continue to be impaired in their ability to compete in the free enterprise system due to diminished capital and credit opportunities when compared to other concerns in the same business area, which are not socially disadvantaged.
If the determines, pursuant to such review, that a Program Participant and its disadvantaged owners are no longer economically disadvantaged for the purpose of receiving assistance under this subsection, the Program Participant shall be graduated pursuant to
section 636(j)(10)(G) of this title subject to the right to a hearing as provided for under paragraph (9).
Whenever, on the basis of information provided by a Program Participant pursuant to subparagraph (B) or otherwise, the has reason to believe that the amount of funds or other assets withdrawn from a Program Participant for the personal benefit of its disadvantaged owners or any person or entity affiliated with such owners may have been unduly excessive, the shall conduct a review to determine whether such withdrawal of funds or other assets was detrimental to the achievement of the targets, objectives, and goals contained in such Program Participant’s business plan.
If the determines, pursuant to such review, that funds or other assets have been withdrawn to the detriment of the Program Participant’s business, the shall— initiate a proceeding to terminate the Program Participant pursuant to
section 636(j)(10)(F) of this title, subject to the right to a hearing under paragraph (9); or
require an appropriate reinvestment of funds or other assets and such other steps as the may deem necessary to ensure the protection of the concern.
Whenever the computes personal net worth for any purpose under this paragraph, it shall exclude from such computation— the value of investments that disadvantaged owners have in their concerns, except that such value shall be taken into account under this paragraph when comparing such concerns to other concerns in the same business area that are owned by other than socially disadvantaged persons;
the equity that disadvantaged owners have in their primary personal residences, except that any portion of such equity that is attributable to unduly excessive withdrawals from a Program Participant or a concern applying for program participation shall be taken into account.
No shall be deemed eligible for any assistance pursuant to this subsection unless thedetermines that with contract, financial, technical, and management support the will be able to perform contracts which may be awarded to such concern under paragraph (1)(C) and has reasonable prospects for success in competing in the private sector.
Limitations established by the in its regulations and procedures restricting the award of contracts pursuant to this subsection to a limited number of standard industrial classification codes in an approved business plan shall not be applied in a manner that inhibits the logical business progression by a participating into areas of industrial endeavor where such concern has the potential for success.
All determinations made pursuant to paragraph (5) with respect to whether a group has been subjected to prejudice or bias shall be made by the after consultation with the Associate for Minority Small Business and Capital Ownership Development. All other determinations made pursuant to paragraphs (4), (5), (6), and (7) shall be made by the Associate for Minority Small Business and Capital Ownership Development under the supervision of, and responsible to, the .
Subject to the provisions of subparagraph (E), the , prior to taking any action described in subparagraph (B), shall provide the that is the subject of such action, an opportunity for a hearing on the record, in accordance with chapter 5 of title 5.
denial of program admission based upon a negative determination pursuant to paragraph (4), (5), or (6);
the denial of a request to issue a waiver pursuant to paragraph (21)(B).
The ’s proposed action, in any proceeding conducted under the authority of this paragraph, shall be sustained unless it is found to be arbitrary, capricious, or contrary to law.
A decision rendered pursuant to this paragraph shall be the final decision of the and shall be binding upon the and those within its employ.
The adjudicator selected to preside over a proceeding conducted under the authority of this paragraph shall decline to accept jurisdiction over any matter that— does not, on its face, allege facts that, if proven to be true, would warrant reversal or modification of the ’s position;
is not filed in accordance with the rules of procedure governing such proceedings; or
has been decided by or is the subject of an adjudication before a court of competent jurisdiction over such matters.
Proceedings conducted pursuant to the authority of this paragraph shall be completed and a decision rendered, insofar as practicable, within ninety days after a petition for a hearing is filed with the adjudicating office.
The shall develop and implement an outreach program to inform and recruit to apply for eligibility for assistance under this subsection. Such program shall make a sustained and substantial effort to solicit applications for certification from located in areas of concentrated unemployment or underemployment or within labor surplus areas and withinhaving relatively few Program Participants and from small disadvantaged business concerns in industry categories that have not substantially participated in the award of contracts let under the authority of this subsection.
To the maximum extent practicable, construction awarded by the pursuant to this subsection shall be awarded within the county orwhere the work is to be performed.
The shall require each concern eligible to receivepursuant to this subsection to annually prepare and submit to the a capability statement. Such statement shall briefly describe such concern’s various contract performance capabilities and shall contain the name and telephone number of the Business Opportunity Specialist assigned such concern. The shall separate such statements by those primarily dependent upon local contract support and those primarily requiring a national marketing effort. Statements primarily dependent upon local contract support shall be disseminated to appropriate buying activities in the marketing area of the concern. The remaining statements shall be disseminated to the Directors of Small and Disadvantaged Business Utilization for the appropriate agencies who shall further distribute such statements to buying activities with such agencies that may purchase the types of items or services described on the capability statements.
Contracting activities receiving capability statements shall, within 60 days after receipt, contact the relevant Business Opportunity Specialist to indicate the number, type, and approximate dollar value of contract opportunities that such activities may be awarding over the succeeding 12-month period and which may be appropriate to consider for award to those concerns for which it has received capability statements.
Each reporting to the Federal Procurement Data System contract actions with an aggregate value in excess of $50,000,000 in fiscal year 1988, or in any succeeding fiscal year, shall prepare a forecast of expected contract opportunities or classes of contract opportunities for the next and succeeding fiscal years that including those owned and controlled by socially and economically disadvantaged individuals, are capable of performing. Such forecast shall be periodically revised during such year. To the extent such information is available, the agency forecasts shall specify: The approximate number of individual contract opportunities (and the number of opportunities within a class).
The approximate dollar value, or range of dollar values, for each contract opportunity or class of contract opportunities.
The anticipated time (by fiscal year quarter) for the issuance of a procurement request.
The head of each subject to the provisions of subparagraph (C) shall within 10 days of completion furnish such forecasts to— the Director of the Office of Small and Disadvantaged Business Utilization established pursuant to
section 644(k) of this title for such agency; and
The information reported pursuant to subparagraph (D) may be limited to classes of items and services for which there are substantial annual purchases.
is recognized as eligible for the special programs and services provided by the to Indians because of their status as Indians, or
is recognized as such by the in which such tribe, band, nation, group, or community resides.
A concern may not be awarded a contract under this subsection as a unless the concern agrees to satisfy the requirements of
section 657s of this title.
is a nonprofit corporation that has filed articles of incorporation with the director (or the designee thereof) of the Hawaii Department of Commerce and Consumer Affairs, or any successor agency,
whose business activities will principally benefit such Native Hawaiians.
The shall award sole source contracts under this section to any recommended by the procuring agency offering the contract opportunity if— the Program Participant is determined to be a responsible contractor with respect to performance of such contract opportunity;
the award of such contract would be consistent with the Program Participant’s business plan; and
the award of the contract would not result in the Program Participant exceeding the requirements established by
section 636(j)(10)(I) of this title.
To the maximum extent practicable, the shall promote the equitable geographic distribution of sole source contracts awarded pursuant to this subsection.
To be in compliance with the requirements referred to in subparagraph (A), such a business concern shall— be a under the numerical size standard for the Standard Industrial Classification Code assigned to the contract solicitation on which the offer is being made;
represent that it will supply the product of a domestic small business manufacturer or processor, unless a waiver of such requirement is granted— by the , after reviewing a determination by the that no small business manufacturer or processor can reasonably be expected to offer a product meeting the specifications (including period for performance) required of an offeror by the solicitation; or
by the for a product (or class of products), after determining that no small business manufacturer or processor is available to participate in the Federal procurement market.
This paragraph shall not apply to a contract that has as its principal purpose the acquisition of services or construction.
The activities and transactions prohibited by subparagraph (A) include— the buying, selling, or receiving (except by inheritance) of any legal or beneficial ownership of stock or any other ownership interest or the right to acquire any such interest;
the entering into or execution of any written or oral agreement (whether or not legally enforceable) to purchase or otherwise obtain any right or interest described in clause (i); or
the receipt of any other benefit or right that may be an incident of ownership.
The designated in clause (ii) shall annually submit a written certification to theregarding compliance with the requirements of this paragraph.
the Associate for Minority Small Business and Capital Ownership Development;
whose principal duties relate to the award of contracts or the provision of other assistance pursuant to this subsection or
section 636(j)(10) of this title; and
Any present or former of thewho violates this paragraph shall be subject to a civil penalty, assessed by the Attorney General, that shall not exceed 300 per centum of the maximum amount of gain such realized or could have realized as a result of engaging in those activities and transactions prescribed by subparagraph (B).
Any who willfully and knowingly violates subparagraph (A) shall be subject to disciplinary action which may consist of separation from service, reduction in grade, suspension, or reprimand.
Subparagraph (A) shall not apply to any action taken as a penalty or other enforcement of a violation of any law, rule, or regulation prohibiting or restricting political activity.
The prohibitions of subparagraph (A), and remedial measures provided for under subparagraphs (B) and (C) with regard to such prohibitions, shall be in addition to, and not in lieu of, any other prohibitions, measures or liabilities that may arise under any other provision of law.
participating in the Program under section 636(j)(10) of this title and eligible to receive contracts pursuant to this section shall semiannually report to their assigned Business Opportunity Specialist the following: A listing of any agents, representatives, attorneys, accountants, consultants, and other parties (other than ) receiving compensation to assist in obtaining a Federal contract for such Program Participant.
The amount of compensation received by any person listed under clause (i) during the relevant reporting period and a description of the activities performed in return for such compensation.
The Business Opportunity Specialist shall promptly review and forward such report to the Associate for Minority Small Business and Capital Ownership Development. Any report that raises a suspicion of improper activity shall be reported immediately to the Inspector General of the .
The failure to submit a report pursuant to the requirements of this subsection and applicable regulations shall be considered “good cause” for the initiation of a termination proceeding pursuant to
section 636(j)(10)(F) of this title.
Subject to the provisions of subparagraph (B), a contract (including options) awarded pursuant to this subsection shall be performed by the concern that initially received such contract. Notwithstanding the provisions of the preceding sentence, if the owner or owners upon whom eligibility was based relinquish ownership or control of such concern, or enter into any agreement to relinquish such ownership or control, such contract or option shall be terminated for the convenience of the Government, except that no repurchase costs or other damages may be assessed against such concerns due solely to the provisions of this subparagraph.
The may, on a nondelegable basis, waive the requirements of subparagraph (A) only if one of the following conditions exist: When it is necessary for the owners of the concern to surrender partial control of such concern on a temporary basis in order to obtain equity financing.
The head of the contracting agency for which the contract is being performed certifies that termination of the contract would severely impair attainment of the agency’s program objectives or missions;
Ownership and control of the concern that is performing the contract will pass to another that is a program participant, but only if the acquiring firm would otherwise be eligible to receive the award directly pursuant to subsection (a);
The individuals upon whom eligibility was based are no longer able to exercise control of the concern due to incapacity or death; or
When, in order to raise equity capital, it is necessary for the disadvantaged owners of the concern to relinquish ownership of a majority of the voting stock of such concern, but only if— the disadvantaged owners will maintain ownership of the largest single outstanding block of voting stock (including stock held by affiliated parties); and
the disadvantaged owners will maintain control of daily business operations.
in the case of subparagraph (B) (i), (ii) and (iv), he is requested to do so prior to the actual relinquishment of ownership or control; and
in the case of subparagraph (B)(iii), he is requested to do so as soon as possible after the incapacity or death occurs.
Concerns performing contracts awarded pursuant to this subsection shall be required to notify the immediately upon entering an agreement (either oral or in writing) to transfer all or part of its stock or other ownership interest to any other party.
Procurement and property disposal powers; determination of small-business concernsIt shall also be the duty of the and it is empowered, whenever it determines such action is necessary— by advising and counseling on matters in connection with Government procurement and policies, principles, and practices of good management;
voluntary business, professional, educational, and other nonprofit organizations, associations, and institutions (except that the shall take such actions as it determines necessary to ensure that such cooperation does not constitute or imply an endorsement by the of the organization or its products or services, and shall ensure that it receives appropriate recognition in all printed materials); and
by maintaining a clearinghouse for information on managing, financing, and operating small business enterprises; and
by disseminating such information, including through recognition events, and by other activities that the determines to be appropriate; and
through cooperation with a profit-making concern (referred to in this paragraph as a “cosponsor”), training, information, and education to , except that theshall— the cooperation does not constitute or imply an endorsement by the of any product or service of the cosponsor;
develop an agreement, executed on behalf of the by an of thein Washington, the District of Columbia, that provides, at a minimum, that— any printed material to announce the cosponsorship or to be distributed at the cosponsored activity, shall be approved in advance by the ;
only minimal charges may be imposed on any to cover the direct costs of providing the assistance;
the may provide to the cosponsorship mailing labels, but not lists of names and addresses of compiled by the
all printed materials containing the names of both the and the cosponsor shall include a prominent disclaimer that the cooperation does not constitute or imply an endorsement by the of any product or service of the cosponsor; and
the shall ensure that it receives appropriate recognition in all cosponsorship printed materials.
To establish, conduct, and publicize, and to recruit, select, and train volunteers for (and to enter into contracts, grants, or cooperative agreements therefor), volunteer programs, including a Service Corps of Retired Executives (SCORE) and an Active Corps of Executive (ACE) for the purposes of subparagraph (A). To facilitate the implementation of such volunteer programs the shall maintain at its headquarters and pay the salaries, benefits, and expenses of a volunteer and professional staff to manage and oversee the program. Any such payments made pursuant to this subparagraph shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. Notwithstanding any other provision of law, SCORE may solicit cash and in-kind contributions from the private sector to be used to carry out its functions under this chapter, and may use payments made by the pursuant to this subparagraph for such solicitation and the management of the contributions received.
To allow any individual or group of persons participating with it in furtherance of the purposes of subparagraphs (A) and (B) to use the ’s office facilities and related material and services as the deems appropriate, including clerical and stenographic services: such volunteers, while carrying out activities under this paragraph shall be deemed Federal for the purposes of the Federal tort claims provisions in title 28; and for the purposes of subchapter I of chapter 81 of title 5 (relative to compensation to Federal for work injuries) shall be deemed civil of thewithin the meaning of the term “” as defined in
section 8101 of title 5, and the provisions of that subchapter shall apply except that in computing compensation benefits for disability or death, the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS–11
the is authorized to reimburse such volunteers for all necessary out-of-pocket expenses incident to their provision of services under this chapter, or in connection with attendance at meetings sponsored by the , or for the cost of malpractice insurance, as theshall determine, in accordance with regulations which he or she shall prescribe, and, while they are carrying out such activities away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by
section 5703 of title 5 for individuals serving without pay; and
such volunteers shall in no way provide services to a client of such with a delinquent loan outstanding, except upon a specific request signed by such client for assistance in connection with such matter.
Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to this paragraph shall be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, disability, retirement, public assistance, or similar benefit payments, or minimum wage laws.
In carrying out its functions under subparagraph (A), to make grants (including contracts and cooperative agreements) to any public or private institution of higher education for the establishment and operation of a small business institute, which shall be used to provide business counseling and assistance to through the activities of students enrolled at the institution, which students shall be entitled to receive educational credits for their activities.
Notwithstanding any other provision of law and pursuant to regulations which the shall prescribe, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings arising directly out of the performance of activities pursuant to this paragraph, to which volunteers have been made parties.
In carrying out its functions under this chapter and to carry out the activities authorized by title IV of the Women’s Business Ownership Act of 1988 [
15 U.S.C. 7101 et seq.], theis authorized to accept, in the name of the and employ or dispose of in furtherance of the purposes of this chapter, any money or property, real, personal, or mixed, tangible, or intangible, received by gift, devise, bequest, or otherwise; and, further, to accept gratuitous services and facilities.
to make a complete inventory of all productive facilities of small-business concerns or to arrange for such inventory to be made by any other governmental agency which has the facilities. In making any such inventory, the appropriate agencies in the several may be requested to furnish an inventory of the productive facilities of small-business concerns in each respective if such an inventory is available or in prospect;
to coordinate and to ascertain the means by which the productive capacity of small-business concerns can be most effectively utilized;
to consult and cooperate with officers of the Government having procurement or property disposal powers, in order to utilize the potential productive capacity of plants operated by small-business concerns;
to obtain information as to methods and practices which Government utilize in lettingand to take action to encourage the letting ofby to small-business concerns at prices and on conditions and terms which are fair and equitable;
to determine within any industry the concerns, firms, persons, corporations, partnerships, cooperatives, or other business enterprises which are to be designated “small-business concerns” for the purpose of effectuating the provisions of this chapter. To carry out this purpose the , when requested to do so, shall issue in response to each such request an appropriate certificate certifying an individual concern as a “small-business concern” in accordance with the criteria expressed in this chapter. Any such certificate shall be subject to revocation when the concern covered thereby ceases to be a “small-business concern”. Offices of the Government having procurement or lending powers, or engaging in the disposal of Federal property or allocating materials or supplies, or promulgating regulations affecting the distribution of materials or supplies, shall accept as conclusive the ’s determination as to which enterprises are to be designated “small-business concerns”, as authorized and directed under this paragraph;
To certify to Government procurement officers, and officers engaged in the sale and disposal of Federal property, with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, and tenacity, of any or group of such concerns to receive and perform a specific Government contract. A Government procurement officer or an officer engaged in the sale and disposal of Federal property may not, for any reason specified in the preceding sentence preclude any or group of such concerns from being awarded such contract without referring the matter for a final disposition to the
In any case in which a or group of such concerns has been certified by thepursuant to (A) or (B) to be a responsible or eligible Government contractor as to a specific Government contract, the officers of the Government having procurement or property disposal powers are directed to accept such certification as conclusive, and shall let such Government contract to such concern or group of concerns without requiring it to meet any other requirement of responsibility or eligibility. Notwithstanding the first sentence of this subparagraph, themay not establish an exemption from referral or notification or refuse to accept a referral or notification from a Government procurement officer made pursuant to subparagraph (A) or (B) of this paragraph, but nothing in this paragraph shall require the processing of an application for certification if the to which the referral pertains declines to have the application processed.
to obtain from any Federal department, establishment, or agency engaged in procurement or in the financing of procurement or production such reports concerning the letting of contracts and and the making of loans to business concerns as it may deem pertinent in carrying out its functions under this chapter;
to obtain from any Federal department, establishment, or agency engaged in the disposal of Federal property such reports concerning the solicitation of bids, time of sale, or otherwise as it may deem pertinent in carrying out its functions under this chapter;
to obtain from suppliers of materials information pertaining to the method of filling orders and the bases for allocating their supply, whenever it appears that any small business is unable to obtain materials from its normal sources;
to make studies and recommendations to the appropriate Federal agencies to insure that a fair proportion of the for the Government be placed with small-business enterprises, to insure that a fair proportion of Government contracts for research and development be placed with small-business concerns, to insure that a fair proportion of the total sales of Government property be made to small-business concerns, and to insure a fair and equitable share of materials, supplies, and equipment to small-business concerns;
to consult and cooperate with all Government agencies for the purpose of insuring that small-business concerns shall receive fair and reasonable treatment from such agencies;
to disseminate, without regard to the provisions of
section 3204 of title 39 data and information, in such form as it shall deem appropriate, to public agencies, private organizations, and the general public;
to make studies of matters materially affecting the competitive strength of small business, and of the effect on small business of Federal laws, programs, and regulations, and to make recommendations to the appropriate or agencies for the adjustment of such programs and regulations to the needs of small business; and
to make grants to, and enter into contracts and cooperative agreements with, educational institutions, private businesses, ’ nonprofit community-based organizations, and Federal, and local departments and agencies for the establishment and implementation of outreach programs for disabled (as defined in
section 4211(3) of title 38), and members of a reserve component of the Armed Forces.
It is the policy of the that , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women, shall have the maximum practicable opportunity to participate in the performance of contracts let by any including contracts andfor subsystems, assemblies, components, and related services for major systems. It is further the policy of thethat itsestablish procedures to ensure the timely payment of amounts due pursuant to the terms of theirwithowned and controlled byowned and controlled by ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women.
The clause stated in paragraph (3) shall be included in all contracts let by any except any contract which— including all under such contracts will be performed entirely outside of any territory, or possession of the , the District of Columbia, or the Commonwealth of Puerto
Rico; or
It is the policy of the that , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women shall have the maximum practicable opportunity to participate in the performance of contracts let by any including contracts andfor subsystems, assemblies, components, and related services for major systems. It is further the policy of thethat itsestablish procedures to ensure the timely payment of amounts due pursuant to the terms of theirwithowned and controlled byowned and controlled by ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women.
The contractor hereby agrees to carry out this policy in the awarding of to the fullest extent consistent with the efficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys as may be conducted by the Small Business Administration or the awarding agency of theas may be necessary to determine the extent of the contractor’s compliance with this clause.
As used in this contract, the term ‘’ shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term shall mean a which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
whose management and daily business operations are controlled by one or more of such individuals.
“The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities, or any other individual found to be disadvantaged by the pursuant to section 8(a) of the
Small Business Act.
which is at least 51 per centum owned by one or more women; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more women; and
whose management and daily business operations are controlled by one or more women.
which is at least 51 per centum owned by one or more eligible ; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more ; and
whose management and daily business operations are controlled by such . The contractor shall treat as all individuals who are within the meaning of the term under section 3(q) of the
Small Business Act.
Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a , , , a , or a .
In this contract, the term ‘’ has the meaning given that term in section 3(q) 4.”
Each solicitation of an offer for a contract to be let by a which is to be awarded pursuant to the negotiated method of procurement and which may exceed $1,000,000, in the case of a contract for the construction of any public facility, or $500,000, in the case of all other contracts, shall contain a clause notifying potential offering companies of the provisions of this subsection relating to contracts awarded pursuant to the negotiated method of procurement.
Before the award of any contract to be let, or any amendment or modification to any contract let, by any which— is to be awarded, or was let, pursuant to the negotiated method of procurement,
may exceed $1,000,000 in the case of a contract for the construction of any public facility, or $500,000 in the case of all other contracts, and
the apparent successful offeror shall negotiate with the procurement authority a subcontracting plan which incorporates the information prescribed in paragraph (6). The subcontracting plan shall be included in and made a material part of the contract.
If, within the time limit prescribed in regulations of the concerned, the apparent successful offeror fails to negotiate the subcontracting plan required by this paragraph, such offeror shall become ineligible to be awarded the contract. Prior compliance of the offeror with other such subcontracting plans shall be considered by the in determining the responsibility of that offeror for the award of the contract.
No contract shall be awarded to any offeror unless the procurement authority determines that the plan to be negotiated by the offeror pursuant to this paragraph provides the maximum practicable opportunity for , ,owned and controlled byowned and controlled byowned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women to participate in the performance of the contract.
Notwithstanding any other provision of law, every , in order to encourage subcontracting opportunities for , owned and controlled by owned and controlled by , , andowned and controlled by the socially and economically disadvantaged individuals as defined in paragraph (3) of this subsection and forowned and controlled by women, is hereby authorized to provide such incentives as suchmay deem appropriate in order to encourage such subcontracting opportunities as may be commensurate with the efficient and economical performance of the contract: Provided, That, this subparagraph shall apply only to contracts let pursuant to the negotiated method of procurement.
Each contract subject to the requirements of this paragraph or paragraph (5) shall contain a clause for the payment of liquidated damages upon a finding that a has failed to make a good faith effort to comply with the requirements imposed on such contractor by this subsection.
The contractor shall be afforded an opportunity to demonstrate a good faith effort regarding compliance prior to the ’s final decision regarding the imposition of damages and the amount thereof. The final decision of a regarding the contractor’s obligation to pay such damages, or the amounts thereof, shall be subject to chapter 71 of title 41.
Each agency shall ensure that the goals offered by the apparent successful bidder or offeror are attainable in relation to— the subcontracting opportunities available to the contractor, commensurate with the efficient and economical performance of the contract;
the pool of eligible subcontractors available to fulfill the subcontracting opportunities; and
the actual performance of such contractor in fulfilling the subcontracting goals specified in prior plans.
The following factors shall be designated by the as significant factors for purposes of evaluating offers for a where the head of the agency determines that the contract offers a significant opportunity for subcontracting: A factor that is based on the rate provided under the subcontracting plan for small business participation in the performance of the contract.
For the evaluation of past performance of an offeror, a factor that is based on the extent to which the offeror attained applicable goals for small business participation in the performance of contracts.
Each solicitation of a bid for any contract to be let, or any amendment or modification to any contract let, by any which— is to be awarded pursuant to the formal advertising method of procurement,
is required to contain the clause stated in paragraph (3) of this subsection,
may exceed $1,000,000 in the case of a contract for the construction of any public facility, or $500,000, in the case of all other contracts, and
shall contain a clause requiring any bidder who is selected to be awarded a contract to submit to the concerned a subcontracting plan which incorporates the information prescribed in paragraph (6).
If, within the time limit prescribed in regulations of the concerned, the bidder selected to be awarded the contract fails to submit the subcontracting plan required by this paragraph, such bidder shall become ineligible to be awarded the contract. Prior compliance of the bidder with other such subcontracting plans shall be considered by the in determining the responsibility of such bidder for the award of the contract. The subcontracting plan of the bidder awarded the contract shall be included in and made a material part of the contract.
Each subcontracting plan required under paragraph (4) or (5) shall include— percentage goals for the utilization as subcontractors of , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women;
the name of an individual within the employ of the offeror or bidder who will administer the subcontracting program of the offeror or bidder and a description of the duties of such individual;
a description of the efforts the offeror or bidder will take to assure that , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women will have an equitable opportunity to compete for
assurances that the offeror or bidder will include the clause required by paragraph (2) of this subsection in all which offer further subcontracting opportunities, and that the offeror or bidder will require all subcontractors (except ) who receivein excess of $1,000,000 in the case of a contract for the construction of any public facility, or in excess of $500,000 in the case of all other contracts, to adopt a plan similar to the plan required under paragraph (4) or (5), and assurances at a minimum that the offeror or bidder, and all subcontractors required to maintain subcontracting plans pursuant to this paragraph, will— review and approve subcontracting plans submitted by their subcontractors;
monitor subcontractor compliance with their approved subcontracting plans;
ensure that subcontracting reports are submitted by their subcontractors when required;
compare the performance of their subcontractors to subcontracting plans and goals; and
discuss performance with subcontractors when necessary to ensure their subcontractors make a good faith effort to comply with their subcontracting plans;
assurances that the offeror or bidder will submit such periodic reports and cooperate in any studies or surveys as may be required by the or thein order to determine the extent of compliance by the offeror or bidder with the subcontracting plan;
a recitation of the types of records the successful offeror or bidder will maintain to demonstrate procedures which have been adopted to comply with the requirements and goals set forth in this plan, including the establishment of source lists of , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women; and efforts to identify and awardto such
a recitation of the types of records the successful offeror or bidder will maintain to demonstrate that procedures have been adopted to substantiate the credit the successful offeror or bidder will elect to receive under paragraph (16)(A);
a recitation of the types of records the successful offeror or bidder will maintain to demonstrate procedures which have been adopted to ensure subcontractors at all tiers comply with the requirements and goals set forth in the plan established in accordance with subparagraph (D) of this paragraph, including— the establishment of source lists of , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women; and
make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the used in preparing and submitting to the contracting agency the bid or proposal, in the same amount and quality used in preparing and submitting the bid or proposal; and
provide to the a written explanation if the offeror or bidder fails to acquire articles, equipment, supplies, services, or materials or obtain the performance of construction work as described in clause (i).
the agency collects and reports data on the extent to which contractors of the agency meet the goals and objectives set forth in subcontracting plans submitted pursuant to this subsection; and
the agency periodically reviews data collected and reported pursuant to subparagraph (A) for the purpose of ensuring that such contractors comply in good faith with the requirements of this subsection and subcontracting plans submitted by the contractors pursuant to this subsection.
The provisions of paragraphs (4), (5), and (6) shall not apply to offerors or bidders who are .
The failure of any contractor or subcontractor to comply in good faith with— any plan required of such contractor pursuant to the authority of this subsection to be included in its contract or , or
shall be a material breach of such contract or and may be considered in any past performance evaluation of the contractor.
Nothing contained in this subsection shall be construed to supersede the requirements of Defense Manpower Policy Number 4A (32A CFR Chap. 1) or any successor policy.
In the case of contracts within the provisions of paragraphs (4), (5), and (6), the is authorized to— assist Federal agencies and businesses in complying with their responsibilities under the provisions of this subsection, including the formulation of subcontracting plans pursuant to paragraph (4);
review any solicitation for any contract to be let pursuant to paragraphs (4) and (5) to determine the maximum practicable opportunity for , owned and controlled by owned and controlled by , ,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women to participate as subcontractors in the performance of any contract resulting from any solicitation, and to submit its findings, which shall be advisory in nature, to the appropriate and
evaluate compliance with subcontracting plans as a supplement to evaluations performed by the contracting agency, either on a contract-by-contract basis or, in the case of contractors having multiple contracts, on an aggregate basis.
For purposes of determining the attainment of a utilization goal under any subcontracting plan entered into with any pursuant to this subsection, a mentor firm providing development assistance to a protege firm under the Mentor-Protege Program established under
section 4902 of title 10 shall be granted credit for such assistance in accordance with subsection (f) of such section.
In this paragraph, the term “” means a contract relating to which ais required to develop a subcontracting plan under paragraph (4) or (5).
A for a shall notify in writing the for theif thepays a reduced price to a subcontractor for goods and services upon completion of the responsibilities of the subcontractor or the payment to a subcontractor is more than 90 days past due for goods or services provided for thefor which thehas paid the
A shall include the reason for the reduction in a payment to or failure to pay a subcontractor in any notice made under clause (i).
A for ashall consider the unjustified failure by ato make a full or timely payment to a subcontractor in evaluating the performance of the
If the for adetermines that ahas a history of unjustified, untimely payments to contractors, the shall record the identity of the contractor in accordance with the regulations promulgated under subparagraph (E).
describe the circumstances under which a contractor may be determined to have a history of unjustified, untimely payments to subcontractors;
establish a process for to record the identity of a contractor described in clause (i); and
require the identity of a contractor described in clause (i) to be incorporated in, and made publicly available through, the Federal Awardee Performance and Integrity Information System, or any successor thereto.
An offeror for a that intends to identify aas a potential subcontractor in a bid or proposal for the contract, or in a plan submitted pursuant to this subsection in connection with the contract, shall notify theprior to making such identification.
The shall establish a reporting mechanism that allows a subcontractor or potential subcontractor to report fraudulent activity or bad faith by a contractor with respect to a subcontracting plan submitted pursuant to this subsection.
For purposes of determining whether or not a has attained the percentage goals specified in paragraph (6)— if the subcontracting goals pertain only to a single contract with a , the may elect to receive credit for performing as or subcontractorspursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the total dollar value of anyawarded to such and
if the subcontracting goals pertain to more than one contract with one or more Federal agencies, or to one contract with more than one , the may only receive credit for that are
collects and reports data on the extent to which of the agency meet the goals and objectives set forth in subcontracting plans submitted pursuant to this subsection; and
periodically reviews data collected and reported pursuant to clause (i) for the purpose of ensuring that such contractors comply in good faith with the requirements of this subsection.
Nothing in this paragraph shall be construed to allow a to establish a goal for an number ofwith a subcontractorfor aotherwise eligible to receive credit under this paragraph.
Upon request by a that performed as a on a (as defined in paragraph (13)(A)), thefor such shall submit to sucha record of past performance for suchwith respect to such . If aelects to use such record of past performance, a shall consider such record of past performance when evaluating an offer for amade by such
Covered executive agency activities; procurement notice; publication; time limitations solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or
place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement,
an intending to solicit bids or proposals for a contract for property or services shall post, for a period of not less than ten days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (f)— in the case of an other than the Department of Defense, if the contract is for a price expected to exceed $10,000, but not to exceed $25,000; and
in the case of the Department of Defense, if the contract is for a price expected to exceed $5,000, but not to exceed $25,000;
an awarding a contract for property or services for a price exceeding $100,000, or placing an order referred to in clause (A)(ii) exceeding $100,000, shall furnish for publication by the Secretary of Commerce a notice announcing the award or order if there is likely to be anyunder such contract or order.
A notice of solicitation required to be published under paragraph (1) may be published— by electronic means that meet the accessibility requirements under
section 1708(d) of title 41; or
The Secretary of Commerce shall promptly publish in the Commerce Business Daily each notice or announcement received under this subsection for publication by that means.
Whenever an is required by paragraph (1)(A) to publish a notice of solicitation, such may not— issue the solicitation earlier than 15 days after the date on which the notice is published; or
in the case of a contract or order estimated to be greater than the , establish a deadline for the submission of all bids or proposals in response to the notice required by paragraph (1)(A) that— in the case of an order under a basic agreement, basic ordering agreement, or similar arrangement, is earlier than the date 30 days after the date the notice required by paragraph (1)(A)(ii) is published;
in the case of a solicitation for research and development, is earlier than the date 45 days after the date the notice required by paragraph (1)(A)(i) is published; or
in any other case, is earlier than the date 30 days after the date the solicitation is issued.
Each notice of solicitation required by subparagraph (A) or (B) of subsection (e)(1) shall include— an accurate description of the property or services to be contracted for, which description (A) shall not be unnecessarily restrictive of competition, and (B) shall include, as appropriate, the agency nomenclature, National Stock Number or other part number, and a brief description of the item’s form, fit, or function, physical dimensions, predominant material of manufacture, or similar information that will assist a prospective contractor to make an informed business judgment as to whether a copy of the solicitation should be requested;
whether the technical data required to respond to the solicitation will not be furnished as part of such solicitation, and identify the source in the Government, if any, from which the technical data may be obtained; and
whether an offeror, its product, or service must meet a qualification requirement in order to be eligible for award, and, if so, identify the office from which a qualification requirement may be obtained;
a statement that all responsible sources may submit a bid, proposal, or quotation (as appropriate) which shall be considered by the agency;
in the case of a procurement using procedures other than competitive procedures, a statement of the reason justifying the use of such procedures and the identity of the intended source; and
in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the — a description of the procedures to be used in awarding the contract; and
a statement specifying the periods for prospective offerors and the to take the necessary preaward and award actions.
the proposed procurement is for an amount not greater than the and is to be conducted by— using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and
the notice would disclose the ’s needs and the disclosure of such needs would compromise the national security;
any unsolicited proposal that demonstrates a unique and innovative research concept and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal; or
the procurement is made against an order placed under a requirements contract;
the procurement is for utility services, other than telecommunication services, and only one source is available; or
the procurement is for the services of an expert for use in any litigation or dispute (including preparation for any foreseeable litigation or dispute) that involves or could involve the Federal Government in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or in any part of an alternative dispute resolution process, whether or not the expert is expected to testify.
The requirements of subsection (a)(1)(A) shall not apply in the case of any procurement for which the head of the makes a determination in writing, after consultation with thefor Federal Procurement Policy and theof the Small Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation.
Award of contracts; procedures other than competitive ones; exceptions An may not award a contract using procedures other than competitive procedures unless— except as provided in paragraph (2), a written justification for the use of such procedures has been approved— in the case of a contract for an amount exceeding $100,000 (but equal to or less than $1,000,000), by the advocate for competition for the procuring activity (without further delegation);
in the case of a contract for an amount exceeding $1,000,000 (but equal to or less than $10,000,000), by the head of the procuring activity or a delegate who, if a member of the Armed Forces, is a general or flag officer, or, if a civilian, is serving in a position in grade GS–16 or above under the General Schedule (or in a comparable or higher position under another schedule); or
all other requirements applicable to the use of such procedures under division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or sections 3201 through 3205 of title 10, as appropriate, have been satisfied.
An shall make available to any business concern, or the authorized representative of such concern, the complete solicitation package for any on-going procurement announced pursuant to a notice under subsection (e). An may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of such package.
For purposes of this section, the term “” has the meaning provided such term in section 133 of title 41.
Notices of subcontracting opportunities may be submitted for publication on the appropriate Federal Web site (as determined by the ) by— a business concern awarded a contract by an subject to subsection (e)(1)(C); and
a business concern that is a subcontractor or supplier () to such contractor having a subcontracting opportunity in excess of $10,000.
a description of the business opportunity that is comparable to the description specified in paragraphs (1), (2), (3), and (4) of subsection (f); and
Management assistance for small businesses affected by military operations
The shall utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involvingor private sector partners, to provide business counseling and training to any adversely affected by the deployment of units of the Armed Forces of thein support of a .
a period of national emergency declared by the Congress or by the President; or
a period of a contingency operation, as defined in
section 101(a) of title 10.
The term “” has the meaning given such term in section 2101(1) of title 41.
The term “” has the meaning given such term in section 632(n) of this title, except that ownership shall be determined without regard to any community property law.
In accordance with this subsection, a may restrict competition for any contract for the procurement of goods or services by the Federal Government toowned and controlled by women, if— each of the concerns is not less than 51 percent owned by one or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law);
the has a reasonable expectation that two or moreowned and controlled by women will submit offers for the contract;
the contract is for the procurement of goods or services with respect to an industry identified by the pursuant to paragraph (3);
in the estimation of the , the contract award can be made at a fair and reasonable price; and
each of the concerns is certified by a , agovernment, the or a national certifying entity approved by theas a .
With respect to a , themay waive subparagraph (2)(A) if thedetermines that the concern is in an industry in whichowned and controlled by women are substantially underrepresented.
The shall conduct a study to identify industries in which owned and controlled by women are underrepresented with respect to Federal procurement contracting.
In carrying out this subsection, the shall establish procedures relating to— the filing, investigation, and disposition by the of any challenge to the eligibility of a to receive assistance under this subsection (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to theby a under paragraph (2)(E)); and
verification by the of the accuracy of any certification made or information provided to the by a under paragraph (2)(E).
The procedures established under subparagraph (A) may provide for program examinations (including random program examinations) by the of any making a certification or providing information to theunder paragraph (2)(E).
In addition to the penalties described in section 645(d) of this title, anythat is determined by theto have misrepresented the status of that concern as afor purposes of this subsection, shall be subject to—
Upon the request of the , the head of any Federal department or agency shall promptly provide to the such information as the determines to be necessary to carry out this subsection.
Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by womenA may award a sole source contract under this subsection to any described in paragraph (2)(A) and certified under paragraph (2)(E) if— such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the does not have a reasonable expectation that 2 or more businesses described in paragraph (2)(A) will submit offers;
Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industriesA may award a sole source contract under this subsection to any certified under paragraph (2)(E) that is in an industry in whichowned and controlled by women are substantially underrepresented (as determined by theunder paragraph (3)) if— such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the does not have a reasonable expectation that 2 or more businesses in an industry that has received a waiver under paragraph (3) will submit offers;
the anticipated award price of the contract (including options) will not exceed— $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
in the estimation of the , the contract award can be made at a fair and reasonable price.
In accordance with this subsection, the may make grants to and enter into cooperative agreements with any coalition of private entities, public entities, or any combination of private and public entities— to expand business-to-business relationships between large and small businesses; and
to provide businesses, directly or indirectly, with online information and a database of companies that are interested in mentor-protege programs or community-based, statewide, or local business development programs.
Subject to subparagraph (B), the may make a grant to a coalition under paragraph (1) only if the coalition provides for activities described in paragraph (1)(A) or (1)(B) an amount, either in kind or in cash, equal to the grant amount.
There is authorized to be appropriated to carry out this subsection $6,600,000, to remain available until expended, for each of fiscal years 2001 through 2006.
Sections 3, 8, and 31 of the Small Business Act, referred to in subsec. (d)(3)(C), (E)(ii), (G), (H), are classified to sections 632, 637, and 657a, respectively, of this title.
The General Schedule, referred to in subsec. (h)(1)(A)(ii), is set out under section 5332 of Title 5.
2021—Subsec. (a)(1)(D)(i)(II). Pub. L. 116–283, § 864(1)(A), substituted “$7,000,000” for “$5,000,000”.
Subsec. (d)(17). Pub. L. 116–283, § 868(b), amended par. (17) generally. Prior to amendment, par. (17) related to pilot program providing past performance ratings for other small business subcontractors.
Subsec. (g)(2). Pub. L. 117–81, § 1702(e)(2)(A), substituted “section 3204(a)” for “section 2304(c)”.
Subsec. (h)(1)(B). Pub. L. 117–81, § 1702(e)(2)(B)(i), substituted “sections 3201 through 3205” for “chapter 137”.
Subsec. (h)(2). Pub. L. 117–81, § 1702(e)(2)(B)(ii), substituted “paragraphs (3) and (4) of section 3204(e)” for “section 2304(f)(2)” and “section 3204(e)(1)” for “section 2304(f)(1)”.
Subsec. (m)(7)(B)(i). Pub. L. 116–283, § 864(1)(B)(i), substituted “$7,000,000” for “$6,500,000”.
Subsec. (m)(8)(B)(i). Pub. L. 116–283, § 864(1)(B)(ii), substituted “$7,000,000” for “$6,500,000”.
2019—Subsec. (d)(6)(G) to (I). Pub. L. 116–92, § 870(b), added subpar. (G), redesignated former subpars. (G) and (H) as (H) and (I), respectively, and realigned margins.
Subsec. (d)(16). Pub. L. 116–92, § 870(a), amended par. (16) generally. Prior to amendment, par. (16) related to credit for certain subcontractors.
Subsec. (d)(17)(A). Pub. L. 115–91, § 1706(b), substituted “paragraph (13)(A)” for “paragraph 13(A)”.
Subsec. (d)(17)(G)(i). Pub. L. 115–91, § 1706(a)(1)(A), inserted “and, set forth separately, the number of small business exporters,” after .
Subsec. (d)(17)(G)(ii). Pub. L. 115–91, § 1706(a)(1)(B), inserted “, set forth separately by applications fromand from small business exporters,” after “applications”.
Subsec. (d)(17)(H). Pub. L. 115–91, § 1706(a)(2), amended subpar. (H) generally. Prior to amendment, text read as follows: “In this paragraph, the term ‘appropriate official’ means—
“(iii) the Office of Small and Disadvantaged Business Utilization of a , if the head of the and theagree.”
Subsec. (d)(9). Pub. L. 114–328, § 1821(a), inserted par. heading, added subpar. (C), and realigned margins.
2014—Subsec. (m)(2)(E). Pub. L. 113–291, § 825(a)(1), amended subpar. (E) generally. Prior to amendment, text read as follows: “each of the concerns—
“(i) is certified by a , agovernment, or a national certifying entity approved by the as a ; or
“(ii) certifies to the that it is a and provides adequate documentation, in accordance with standards established by the to support such certification.”
Subsec. (m)(5). Pub. L. 113–291, § 825(a)(2), substituted “paragraph (2)(E)” for “paragraph (2)(F)” wherever appearing.
Subsec. (m)(7), (8). Pub. L. 113–291, § 825(a)(3), added pars. (7) and (8).
2013—Subsec. (a)(14). Pub. L. 112–239, § 1696(b)(2), added par. (14) and struck out former par. (14) which read as follows:
“(A) A concern may not be awarded a contract under this subsection as a unless the concern agrees that—
“(i) in the case of a contract for services (except construction), at least 50 percent of the cost of contract performance incurred for personnel shall be expended for of the concern; and
“(ii) in the case of a contract for procurement of supplies (other than procurement from a regular dealer in such supplies), the concern will perform work for at least 50 percent of the cost of manufacturing the supplies (not including the cost of materials).
“(B) The may change the percentage under clause (i) or (ii) of subparagraph (A) if the determines that such change is necessary to reflect conventional industry practices among business concerns that are below the numerical size standard for businesses in that industry category. A percentage established under the preceding sentence may not differ from a percentage established under section 644(o) of this title.
“(C) The shall establish, through public rulemaking, requirements similar to those specified in subparagraph (A) to be applicable to contracts for general and specialty construction and to contracts for any other industry category not otherwise subject to the requirements of such subparagraph. The percentage applicable to any such requirement shall be determined in accordance with subparagraph (B), except that such a percentage may not differ from a percentage established under section 644(o) of this title for the same industry category.”
Subsec. (d)(6)(D). Pub. L. 113–66, § 1614(a)(1), substituted “, and assurances at a minimum that the offeror or bidder, and all subcontractors required to maintain subcontracting plans pursuant to this paragraph, will—” for semicolon at end and added cls. (i) to (vi).
Subsec. (d)(6)(G), (H). Pub. L. 113–66, § 1614(a)(2), (3), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (d)(7), (8). Pub. L. 112–239, § 1653(a)(1), (2), added par. (7) and redesignated former par. (7) as (8). Former par. (8) redesignated (9).
Subsec. (d)(9). Pub. L. 112–239, § 1653(a)(3), substituted “shall be a material breach of such contract orand may be considered in any past performance evaluation of the contractor” for “shall be a material breach of such contract or in concluding provisions.
Pub. L. 112–239, § 1653(a)(1), redesignated par. (8) as (9). Former par. (9) redesignated (10).
Subsec. (d)(10). Pub. L. 112–239, § 1653(a)(1), redesignated par. (9) as (10). Former par. (10) redesignated (11).
Subsec. (d)(11). Pub. L. 112–239, § 1653(a)(1), redesignated par. (10) as (11). Former par. (11) redesignated (12).
Subsec. (d)(11)(C). Pub. L. 112–239, § 1653(a)(4), substituted “as a supplement to evaluations performed by the contracting agency, either on a contract-by-contract basis or, in the case of contractors” for “, either on a contract-by-contract basis, or in the case contractors”.
Subsec. (d)(12), (13). Pub. L. 112–239, § 1653(a)(1), redesignated pars. (11) and (12) as (12) and (13), respectively.
Subsec. (d)(14), (15). Pub. L. 112–239, § 1653(a)(5), added pars. (14) and (15).
Subsec. (k)(1). Pub. L. 112–239, § 1654, substituted “on the appropriate Federal Web site (as determined by the” for “in the Commerce Business Daily”.
Subsec. (m)(2)(D) to (F). Pub. L. 112–239, § 1697(a), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “the anticipated award price of the contract (including options) does not exceed—
“(i) $5,000,000, in the case of a contract assigned an industrial classification code for manufacturing; or
2004—Subsec. (b)(1)(A). Pub. L. 108–447, § 132(b), (c), temporarily struck out cl. (ii), substituted “to provide technical, managerial, and informational aids to” for “to provide—
redesignated subcls. (I) to (IV) of former cl. (i) as cls. (i) to (iv), respectively, substituted a period for “; and” at end of cl. (iv), and redesignated items (aa) and (bb) of former subcl. (II) as subcls. (I) and (II), respectively.
Subsec. (b)(1)(B). Pub. L. 108–447, § 141(a), substituted “purposes of subparagraph (A). To facilitate” for “purposes of subparagraph (A); and to facilitate”, “shall maintain at its headquarters and pay the salaries, benefits, and expenses of a volunteer and professional staff to manage and oversee the program. Any” for “may maintain at its headquarters and pay the expenses of a team of volunteers subject to such conditions and limitations as thedeems appropriate: Provided, That any”, and “and the management of the contributions received.” for period at end.
Subsec. (b)(17). Pub. L. 108–447, § 144, inserted before period at end “, and members of a reserve component of the Armed Forces”.
2000—Subsec. (a)(15)(A). Pub. L. 106–554, § 1(a)(9) [title VIII, § 807], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is a not-for-profit organization chartered by theof Hawaii,”.
Subsec. (b)(1)(A). Pub. L. 106–554, § 1(a)(9) [title V, § 504(a)], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “to provide technical and managerial aids to small-business concerns, by advising and counseling on matters in connection with Government procurement and property disposal and on policies, principles, and practices of good management, including but not limited to cost accounting, methods of financing, business insurance, accident control, wage incentives, computer security, and methods engineering, by cooperating and advising with voluntary business, professional, educational, and other nonprofit organizations, associations, and institutions and with other Federal andagencies, by maintaining a clearinghouse for information concerning the managing, financing, and operation of small-business enterprises, including information on the benefits and risks of franchising, by disseminating such information, and by such other activities as are deemed appropriate by the and In the case of cosponsored activities which include the participation of a Federal, or local public official or agency, theshall take such actions as it deems necessary to ensure that the cooperation does not constitute or imply an endorsement by theof or give undue recognition to the public official or agency, and theshall ensure that it receives appropriate recognition in all cosponsored printed materials, whether the participant is a profit making concern or a governmental agency or public official.”
Subsec. (b)(1)(B). Pub. L. 106–554, § 1(a)(9) [title VIII, § 809], inserted at end “Notwithstanding any other provision of law, SCORE may solicit cash and in-kind contributions from the private sector to be used to carry out its functions under this chapter, and may use payments made by thepursuant to this subparagraph for such solicitation.”
Subsec. (d)(1). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(1)], inserted owned and controlled by” after ” the first place appearing in the first and second sentences.
Subsec. (d)(3)(A). , inserted owned and controlled by” after owned and controlled by” in two places.
Subsec. (d)(4)(D). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(3)], inserted owned and controlled by” after owned and controlled by”.
Subsec. (d)(4)(E), (6)(A), (C), (F), (10)(B). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(3)], inserted owned and controlled by” after owned and controlled by”.
Subsec. (m). Pub. L. 106–554, § 1(a)(9) [title VIII, § 811], added subsec. (m).
1999—Subsec. (d)(1). Pub. L. 106–50, § 501(a), inserted owned and controlled by” after ” in two places.
Subsec. (d)(3)(A). Pub. L. 106–50, § 501(b)(1), inserted owned and controlled by” after ” in two places.
Subsec. (d)(3)(E). Pub. L. 106–50, § 501(b)(2), added subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (d)(3)(F). Pub. L. 106–50, § 501(b)(2), (3), redesignated subpar. (E) as (F) and inserted ” after ”. Former subpar. (F) redesignated (G).
Subsec. (d)(3)(G). Pub. L. 106–50, § 501(b)(2), redesignated subpar. (F) as (G).
Subsec. (d)(4)(D), (E), (6)(A), (C), (F), (10)(B). Pub. L. 106–50, § 501(c), inserted owned and controlled by” after ” the first place appearing.
Subsec. (d)(1). Pub. L. 105–135, § 603(a)(1)(B), inserted ” after ” in second sentence.
Subsec. (d)(3)(A). Pub. L. 105–135, § 603(a)(2)(A), inserted ” after ” in two places.
Subsec. (d)(4)(E). Pub. L. 105–135, § 603(a)(3), substituted and” for and” after “opportunities for”.
Subsec. (d)(6). Pub. L. 105–135, § 603(a)(4), inserted ” after ” wherever appearing.
Subsec. (e)(1)(C). Pub. L. 105–135, § 416(c), substituted “$100,000” for “$25,000” in two places.
Subsec. (g)(1). Pub. L. 105–85 added subpar. (A), redesignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpars. (A) and (B) which read as follows:
“(B)(i) the proposed procurement is for an amount not greater than $250,000 and is to be made through a system with full FACNET capability certified pursuant to section 426a(a)(2) of title 41; and
“(ii) a certification has been made pursuant to section 426a(b) title 41 that Government-wide FACNET capability has been implemented;”.
1996—Subsec. (d)(1). Pub. L. 104–106, § 4321(c)(1)(A), substituted “that” for “that,”.
Subsec. (d)(6)(C). Pub. L. 104–106, § 4321(c)(1)(B), substituted “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by the socially and economically disadvantaged individuals”.
1994—Subsec. (b)(1)(A). Pub. L. 103–403, § 407, inserted “including information on the benefits and risks of franchising,” after “small-business enterprises,” in first sentence.
Subsec. (b)(1)(G). Pub. L. 103–403, § 415, substituted “this chapter and to carry out the activities authorized by title IV of the Women’s Business Ownership Act of 1988” for “this paragraph”.
Subsec. (d)(1). Pub. L. 103–355, § 7106(b)(1), substituted “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by socially and economically disadvantaged individuals” in two places.
Subsec. (d)(2)(A). Pub. L. 103–355, § 4404(b), substituted for “small purchase threshold”.
Subsec. (d)(3)(A). Pub. L. 103–355, § 7106(b)(1), substituted “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by socially and economically disadvantaged individuals” in two places.
Subsec. (d)(3)(D), (E). Pub. L. 103–355, § 7106(b)(2), (3), added subpars. (D) and (E) and struck out former subpar. (D) which read as follows: “ ‘Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either aor a’ ”
Subsec. (d)(4)(D). Pub. L. 103–355, § 7106(b)(1), substituted “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by socially and economically disadvantaged individuals”.
Subsec. (d)(4)(E). Pub. L. 103–355, § 7106(b)(4), inserted “and forowned and controlled by women” after “(3) of this subsection”.
Subsec. (d)(6)(A). Pub. L. 103–355, § 7106(b)(1), substituted “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by socially and economically disadvantaged individuals”.
Subsec. (d)(6)(C). Pub. L. 103–355, § 7106(b)(1), which directed that subpar. (C) be amended by substituting “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by socially and economically disadvantaged individuals”, could not be executed because the words “andowned and controlled by socially and economically disadvantaged individuals” did not appear in subpar. (C).
Subsec. (d)(6)(F), (10)(B). Pub. L. 103–355, § 7106(b)(1), substituted “,owned and controlled by socially and economically disadvantaged individuals, andowned and controlled by women” for “andowned and controlled by socially and economically disadvantaged individuals”.
Subsec. (e)(1). Pub. L. 103–355, § 4202(d)(1)(A), substituted “$25,000” for “the small purchase threshold” wherever appearing.
Subsec. (e)(3)(B). Pub. L. 103–355, § 4202(d)(1)(B), inserted “in the case of a contract or order estimated to be greater than the” after “(B)”.
Subsec. (g)(1)(A) to (E). Pub. L. 103–355, § 4202(d)(3)(A), (B), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as (C) to (E), respectively. Former subpars. (D) and (E) redesignated (F) and (G), respectively.
Subsec. (g)(1)(F). Pub. L. 103–355, § 4202(d)(3)(A), redesignated subpar. (D) as (F). Former subpar. (F) redesignated (H).
Subsec. (g)(1)(G), (H). Pub. L. 103–355, § 4202(d)(3)(A), redesignated subpars. (E) and (F) as (G) and (H), respectively.
1992—Subsec. (a). Pub. L. 102–366, § 232(a)(1)–(5), substituted semicolon for period at end of par. (1)(B), “; and” for period at end of par. (1)(C), “to subparagraph (A)” for “to (A)” in par. (6)(C)(i), “636(j)(10)(G)” for “636(j)(10)(H)” in par. (6)(C)(ii), and “to subparagraph (D)” for “to (D)” in par. (12)(E).
Subsec. (b)(1)(E) to (G). Pub. L. 102–564, § 304, added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.
Subsec. (c). Pub. L. 102–366, § 232(a)(7), designated subsec. (c) as reserved. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 102–366, § 232(a)(6), (8), redesignated subsec. (c) as (d) and substituted “imposition” for “impositon” in par. (4)(F)(ii). Former subsec. (d) redesignated (e).
Subsecs. (e) to (g). Pub. L. 102–366, § 232(a)(6), redesignated subsecs. (d) to (f) as (e) to (g), respectively. Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 102–366, § 232(a)(6), (9), redesignated subsec. (g) as (h) and substituted “Administrative” for in par. (2). Former subsec. (h) redesignated (i).
Subsecs. (i), (j). Pub. L. 102–366, § 232(a)(6), redesignated subsecs. (h) and (i) as (i) and (j), respectively.
Subsec. (d). Pub. L. 102–191 redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (a)(1)(B). Pub. L. 101–574, § 207(1), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “to enter into contracts with such agency as shall be designated by the President, to furnish articles, equipment, supplies, services, or materials, or to perform construction work for such agency. In any case in which thecertifies to any officer of such agency having procurement powers that theis competent and responsible to perform any specific procurement contract to be let by any such officer, such officer shall let such procurement contract to theupon such terms and conditions as may be agreed upon between theand the procurement officer. If theand such procurement officer fail to agree on such terms and conditions, either theor such officer shall promptly notify, in writing, the head of such agency. The head of such agency shall have five days (exclusive of Saturdays, Sundays, and legal holidays) to establish the terms and conditions upon which such procurement contract may be let to the and shall communicate in writing to thethe terms and conditions so established. Within five days (exclusive of Saturdays, Sundays, and legal holidays) after the receipt of such written communication, theshall decide whether to perform such procurement contract or withdraw its prior certification that theis competent and responsible to perform such contract; and”.
Subsec. (a)(1)(C). Pub. L. 101–574, § 207(4), added subpar. (C). Former subpar. (C) redesignated (B).
Subsec. (a)(4)(A)(i)(II), (ii)(II). Pub. L. 101–574, § 204(b), inserted “(or a wholly owned business entity of such tribe)” after “tribe”.
Subsec. (a)(17)(B)(iv). Pub. L. 101–574, § 210, amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “represent that it will supply the product of a domestic small business manufacturer or processor, except that, themay waive the application of the clause, as it pertains to the furnishing of a product manufactured or processed by a small business, for any class of products for which there are no small business manufacturers or processors in the Federal market.”
Subsec. (d)(2)(A). Pub. L. 101–510, § 806(e)(2)(A), substituted “the small purchase threshold” for “$10,000”.
Subsec. (e)(1)(A). Pub. L. 101–510, § 806(e)(2)(B), inserted “or” at end of subcl. (i), substituted a comma for “; or” at end of subcl. (ii), substituted “the small purchase threshold” for “$25,000” in subcls. (i) and (ii), and struck out subcl. (iii) which read as follows: “solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, if there is not a reasonable expectation that at least two offers will be received from responsive and responsible offerors,”.
Subsec. (e)(1)(B), (C). Pub. L. 101–510, § 806(e)(2)(B)(i), substituted “the small purchase threshold” for “$25,000” wherever appearing.
Subsec. (g)(1). Pub. L. 101–574, § 244, substituted “subsection (e)(1)” for “subsection (a)(1)”.
1989—Subsec. (a)(1)(D)(i). Pub. L. 101–37, § 10(c), substituted “Program Participants” for “program participants”.
Subsec. (a)(4)(A)(i). Pub. L. 101–37, § 6(d)(1), inserted “unconditionally” after “per centum”.
Subsec. (a)(4)(A)(ii). Pub. L. 101–37, § 6(d)(2), inserted “unconditionally” after “which is”.
Subsec. (a)(6)(C). Pub. L. 101–37, § 7(b), which directed substitution of “636(j)(10)(G)” for “636(j)(10)(H)” in cl. (iii), could not be executed because there was no cl. (iii). See 1992 Amendment note above.
Subsec. (a)(15). Pub. L. 101–37, § 6(b), substituted “Organization” for “organizations”.
Subsec. (a)(17)(B)(ii) to (iv). Pub. L. 101–37, § 10(e), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (a)(18)(A). Pub. L. 101–37, § 12, struck out “certified” before “during such person’s term”.
Subsec. (a)(19)(B). Pub. L. 101–37, § 13, struck out “, imposed by the” after “disciplinary action”.
Subsec. (a)(20)(A). Pub. L. 101–37, § 14, substituted “Business Opportunity Specialist” for “business opportunity specialist”.
Subsec. (a)(21). Pub. L. 101–37, § 16, in subpar. (B) struck out discretionary authority of theand preconditions respecting request prior to relinquishment of ownership or control in introductory provisions, added subpar. (C), and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
Subsec. (b)(1)(A). Pub. L. 101–162 amended last sentence generally, substituting “theshall ensure that it receives appropriate recognition in all cosponsored printed materials, whether the participant is a profit making concern or a governmental agency or public official” for “that theis given primary recognition in all cosponsored printed materials, whether the participant is a profit-making concern or a governmental agency or official”.
1988—Subsec. (a)(1)(A). Pub. L. 100–656, § 303(d), inserted provisions authorizingappeal from procurement officer’s adverse decisions and providing for decision by the Secretary or agency head on the appeal.
Subsec. (a)(3). Pub. L. 100–656, § 303(e), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Anyselected by theto perform any Federalto be let pursuant to this subsection shall, when practicable, participate in any negotiation of the terms and conditions of such contract.”
Subsec. (a)(4). Pub. L. 100–656, § 207(c), amended par. (4) generally, in subpar. (A)(i) adding subcl. (III), in subpar. (A)(ii) adding subcl. (III), and in subpar. (B) adding cl. (iii).
Subsec. (a)(6). Pub. L. 100–656, § 209(a), designated existing provisions as subpar. (A) and added subpars. (B) to (E).
Subsec. (a)(7). Pub. L. 100–656, § 303(g), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(9). Pub. L. 100–656, § 409, amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Within ninety days after the effective date of this paragraph, theshall publish in the Federal Register rules setting forth those conditions or circumstances pursuant to which a firm previously deemed eligible by themay be denied assistance under the provisions of this subsection: Provided, That no such firm shall be denied total participation in any program conducted under the authority of this subsection without first being afforded a hearing on the record in accordance with chapter 5 of title 5.”
Subsec. (a)(10). Pub. L. 100–656, § 201(b), inserted sentence at end requiring such program to make a sustained and substantial effort to solicit applications for certification fromlocated in areas of concentrated unemployment or underemployment.
Subsec. (a)(12). Pub. L. 100–656, § 501, amended par. (12) generally. Prior to amendment, par. (12) read as follows: “To the maximum extent practicable the Associatefor Minority Small Business and Capital Ownership Development shall submit, no less frequently than annually, a yearly estimate of the dollar amounts and types of contracts required for the efficient use of any program conducted under the authority of this subsection, to each agency which may participate in such program.”
Subsec. (b)(1)(A). Pub. L. 100–590, § 131(b), inserted “that anyprogram participating in such cosponsored activities receives appropriate recognition and publicity, and” in provisions preceding cl. (i), inserted “, executed on behalf of the agency by anof the agency in Washington, District of Columbia, and who shall also approve, in advance, any printed materials to be distributed at the conference,” in cl. (1), and inserted provisions at end which authorized in case of cosponsored activities, to ensure that cooperation does not constitute endorsement or give undue recognition to public official or agency, and thatis given primary recognition in all cosponsored printed materials.
Pub. L. 100–533, § 201, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Theshall from time to time make studies of matters materially affecting the competitive strength of small business, and of the effect on small business of Federal laws, programs, and regulations, and shall make recommendations to the appropriateor agencies for the adjustment of such programs and regulations to the needs of small business.”
1987—Subsec. (a)(14)(B), (C). Pub. L. 100–26, § 10(b)(3), substituted “section 644(o)” for “section 644(n)”.
Subsec. (a)(4). Pub. L. 99–272, § 18015(b), in amending par. (4) generally, included economically disadvantagedwithin definition of .
Subsec. (a)(6). Pub. L. 99–272, § 18015(c), inserted provision enumerating factors to be considered by thein determining the economic disadvantage of an
Subsec. (b)(7)(C). Pub. L. 98–577, § 401, inserted “Notwithstanding the first sentence of this subparagraph, themay not establish an exemption from referral or notification or refuse to accept a referral or notification from a Government procurement officer made pursuant to subparagraph (A) or (B) of this paragraph, but nothing in this paragraph shall require the processing of an application for certification if theto which the referral pertains declines to have the application processed.”
Subsec. (d)(1). Pub. L. 98–577, § 402(a), inserted “, including contracts andfor subsystems, assemblies, components, and related services for major systems. It is further the policy of thethat itsestablish procedures to ensure the timely payment of amounts due pursuant to the terms of theirwithandowned and controlled by socially and economically disadvantaged individuals”.
Subsec. (d)(3)(A). Pub. L. 98–577, § 402(b), inserted “, including contracts andfor subsystems, assemblies, components, and related services for major systems. It is further the policy of thethat itsestablish procedures to ensure the timely payment of amounts due pursuant to the terms of theirwithandowned and controlled by socially and economically disadvantaged individuals”.
Subsecs. (e) to (j). Pub. L. 98–577, § 404(a), added subsecs. (e) to (j) and struck out former subsec. (e) which related to notice and publication of procurement actions, exceptions, departmental procedures, contents of notice, sole source contracts and unsolicited proposals.
Subsec. (a)(8). Pub. L. 96–481, § 105, substituted provisions that all determinations may pursuant to par. (5) with respect to whether a group has been subjected to prejudice or bias shall be made by theafter consultation with the Associatefor Minority Small Business and Capital Ownership Development and that all other determinations made pursuant to (4), (5), (6), and (7) shall be made by the Associatefor Minority Small Business and Capital Ownership Development under the supervision of, and responsible to the for provision that all determinations made pursuant to pars. (4), (5), (6) and (7), shall be made by the Associatefor Minority Small Business and Capital Ownership Development.
Subsec. (d)(3)(C). Pub. L. 96–302 included in the presumption of being disadvantaged individuals Asian Pacific Americans.
1978—Subsec. (a). Pub. L. 95–507, § 202(a), redesignated pars. (1) and (2) as (1)(A) and (C) and as redesignated inserted provision giving thesole discretion in choosing procurement requirements from agencies or departments for use in the program, provided that the terms and conditions of the proposed contract are to be negotiated, made provision for the submission of stalemated matters for resolution, and added pars. (1)(B) and (2) to (12).
Subsec. (b)(1). Pub. L. 95–510 substituted in subpar. (B) provisions relating to the establishment and implementation of volunteer programs for provisions relating to the use of office facilities etc., and the payment of transportation expenses and per diem allowances and added subpars. (C) to (F).
Subsec. (d). Pub. L. 95–507, § 211, substituted provisions relating to the performance of contracts by requiring, among other things, the inclusion of a specific contract clause in most Federal requiring as a condition of the solicitation of any offer of a Federal contract in excess of $500,000, the submission of a summary contract plan, and relating to incentives for small business subcontracting, contract eligibility, breach of contract or administrative review of contract solicitation andplanning, and relating to submission to congressional committees of a report on subcontracting plans for provisions relating generally to the small businessprogram and regulations issued thereunder.
1977—Subsec. (b)(7). Pub. L. 95–89, in revising par. (7), incorporated existing introductory text in provisions designated subpar. (A) and substituted “with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, and tenacity, of anyor group of such concerns to receive and perform a specific Government contract” for “with respect to the competency, as to capacity and credit, of any small-business concern or group of such concerns to perform a specific Government contract”; added subpar. (B); and incorporated existing end text in provisions designated subpar. (C), substituting therein “certified by thepursuant to (A) or (B) to be a responsible or eligible Government contractor as to a specific Government contract” for “certified by or under the authority of theto be a competent Government contractor with respect to capacity and credit as to a specific Government contract” and “shall let” and “other requirement of responsibility or eligibility” for “are authorized to let” and “other requirement with respect to capacity and credit”.
1967—Subsec. (b)(1)(B). Pub. L. 90–104, § 105, designated existing provisions as cl. (i) and added cl. (ii).
1966—Subsec. (b)(1). Pub. L. 89–754 designated existing provisions as subpar. (A) and added subpar. (B).
The repeal made by subsection (c) of this section [repealing provisions set out as a note under
section 426a of Title 41] shall take effect on the date of the enactment of this Act.”
“The amendment made by subsection (a) [amending this section] shall take effect with respect to any solicitation for bids or proposals issued after March 31, 1985.”
“The designation of an agency pursuant to the amendment made by subsection (a) [amending this section] shall be made not later than sixty days after the date of enactment of this Act [July 13, 1983].”
“The shall, not later than 180 days after the date of enactment of this Act [Dec. 8, 2004], promulgate regulations to carry out the amendments made by subsection (a) [amending this section].”
the terms ‘’ and mean the Small Business Administration and thethereof, respectively; and
subject to subsection (b), by at least 2, for each of fiscal years 2008 and 2009; and
by the number that the considers appropriate, based on need, for each fiscal year thereafter.
Subsection (a)(1) shall apply in a fiscal year if, for that fiscal year, the amount made available for the Office of Business Development is more than the amount made available for the Office of Business Development for fiscal year 2007.”
“For the duration of Operation Allied Force and for 120 days thereafter, the shall enhance its publicity of the availability of assistance provided pursuant to the amendment made by this section [amending this section], including information regarding the appropriate local office at which affected small businesses may seek such assistance.”
“The Federal Acquisition Regulation shall be amended to provide uniform implementation of the amendments made by this section [amending this section].”
“The amendments made by paragraphs (1) and (2) [amending this section and
section 416 of Title 41, Public Contracts] shall be implemented in a manner consistent with any applicable international agreements.”
the individual or individuals upon whom eligibility is to be based have substantial and demonstrated business management experience;
the prospective Program Participant has demonstrated technical expertise to carry out its business plan with a substantial likelihood for success;
the prospective Program Participant has adequate capital to carry out its business plan;
the prospective Program Participant has a record of successful performance on contracts from governmental and nongovernmental sources in the primary industry category in which the prospective Program Participant is seeking Program certification; and
the prospective Program Participant has, or can demonstrate its ability to timely obtain, the personnel, facilities, equipment, and any other requirements needed to perform such contracts.
The authority to make the determination that a prospective Program Participant has demonstrated its potential for success by meeting the criteria specified in paragraph (1) of this subsection shall be made by the of the Small Business Administration, or a designee of such officer.”
Credit for Indian Contracting in Meeting Certain Minority Subcontracting GoalsTest Program for Negotiation of Comprehensive Small Business Subcontracting Plans In a demonstration project under the test program, the Secretary of a military department or head of a Defense Agency shall negotiate, monitor, and enforce compliance with a comprehensive subcontracting plan with a Department of Defense contractor described in paragraph (4).
shall apply to the entire business organization of the contractor or to one or more of the contractor’s divisions or operating elements, as specified in the subcontracting plan; and
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: The amount of first-tier dollars awarded during the six-month period covered by the report to covered , with the information set forth separately— 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
Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans.
Waiver of Certain Small Business Act Subcontracting Plan Requirements.— such matters have been determined acceptable by the Secretary of the military department or head of a Defense Agency negotiating such comprehensive subcontracting plan; and
Failure To Make a Good Faith Effort To Comply With a Comprehensive Subcontracting Plan.— A , as that term is defined in section 3(q)(3) of such Act (
15 U.S.C. 632(q)(3)).
A , as that term is defined in section 3(q)(2) of such Act (
15 U.S.C. 632(q)(2)).
A , as that term is defined under section 31(b) of such Act [
15 U.S.C. 657a(b)].
A , as that term is defined in section 8(d)(3)(C) of such Act (
15 U.S.C. 637(d)(3)(C)).
A , as that term is defined under section 3(n) of such Act (
15 U.S.C. 632(n)).”
During the period of time described in paragraph (2), such agencies shall refrain from procuring such requirements from alternative sources except that, no delay may be incurred pursuant to this paragraph that would cause substantial harm to a public interest.
The Small Business Administration shall take appropriate actions, including publication in the Federal Register, to adviseand Federal agencies of the requirements of this subsection.
Similar provisions were contained in the following prior appropriation acts:
is located on the reservation or former reservation of such tribe as determined by the Secretary of the Interior of such tribe;
performs most of its activities on such reservation, or such former reservation; and
employs members of such tribe for at least 50 per centum of its total workforce.
A Program Participant, as a party to a joint venture shall receive no more than 5 contracts due solely to the provisions of subsection (b).
Authorization of Appropriations for Women-Owned Small Business Demonstration ProjectsSpending Authority for Contracts Authorized for Women-Owned Small Business Demonstration Projects“New spending authority or authority to enter into contracts as authorized in this section [amending this section and enacting provisions set out as notes under this section] shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts.”
“Within six months of the effective date of this Act [see Effective Date of 1988 Amendment note set out under
section 631 of this title], theshall identify eachhaving substantial procurement or grantmaking authority and shall notify each agency so identified. Within six months of notification, each agency shall develop rural area business enterprise development plans. Such plans shall establish rural area enterprise development objectives for the agency and methods for encouraging subcontractors and grant recipients to uselocated in rural areas as subcontractors, suppliers, and otherwise. Such plans shall, to the extent the agency deems appropriate and feasible, include incentive techniques as encouragement.”
“The Small Business Administration shall not require fingerprints to be obtained for background check purposes from any participant in anyprogram who is serving on a voluntary basis and without compensation unless thehas reasonable grounds to believe that the participant’s record or background is such as to make the participant ineligible to participate in the relevant program.”
“The designation of an agency pursuant to the amendment made by subsection (a) [amending this section] shall be made not later than sixty days after the date of enactment of this Act [Oct. 27, 1986].”
Report to Congress Respecting Assistance Furnished by Profitmaking Concerns to ContentsTennessee Valley Authority; Procurement Procedures Under 1983 and 1984 Amendments Applicable Only to Procurements Paid From Appropriated Funds“The provisions of the amendment made by subsection (a) of this section [enacting subsecs. (e) to (j) of this section and striking out former subsec. (e) of this section] shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds.”
“The provisions of this Act [amending this section] shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds.”
“For the purposes of this section [amending this section and enacting provisions set out as notes under this section], the term ‘’ means any whose management and daily business operations are controlled by one or more of such women.”
