15 U.S.C. § 637
The authority to waive bonds provided in this paragraph (2) may not be exercised after September 30, 1988.
It shall also be the duty of the Administration and it is empowered, whenever it determines such action is necessary-
"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 Administration pursuant to section 8(a) of the Small Business Act.
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.
shall contain a clause requiring any bidder who is selected to be awarded a contract to submit to the Federal agency concerned a subcontracting plan which incorporates the information prescribed in paragraph (6).
shall be a material breach of such contract or subcontract and may be considered in any past performance evaluation of the contractor.
shall publish a notice described in subsection (f);
Each notice of solicitation required by subparagraph (A) or (B) of subsection (e)(1) shall include-
An executive agency 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 executive agency 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 "executive agency" 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 Administrator) by-
The notice of a subcontracting opportunity shall include-
The Administration shall utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involving State or private sector partners, to provide business counseling and training to any small business concern adversely affected by the deployment of units of the Armed Forces of the United States in support of a period of military conflict.
In this subsection, the term "period of military conflict" means-
In this subsection, the following definitions apply:
The term "contracting officer" has the meaning given such term in section 2101(1) of title 41.
The term "small business concern owned and controlled by women" 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 contracting officer may restrict competition for any contract for the procurement of goods or services by the Federal Government to small business concerns owned and controlled by women, if-
With respect to a small business concern owned and controlled by women, the Administrator may waive subparagraph (2)(A) if the Administrator determines that the concern is in an industry in which small business concerns owned and controlled by women are substantially underrepresented.
The Administrator shall conduct a study to identify industries in which small business concerns owned and controlled by women are underrepresented with respect to Federal procurement contracting.
In carrying out this subsection, the Administrator shall establish procedures relating to-
The procedures established under subparagraph (A) may provide for program examinations (including random program examinations) by the Administrator of any small business concern making a certification or providing information to the Administrator under paragraph (2)(E).
In addition to the penalties described in section 645(d) of this title, any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by women for purposes of this subsection, shall be subject to-
Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out this subsection.
A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women described in paragraph (2)(A) and certified under paragraph (2)(E) if-
A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women certified under paragraph (2)(E) that is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator under paragraph (3)) if-
In accordance with this subsection, the Administrator 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-
Subject to subparagraph (B), the Administrator 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.
1See References in Text note below.
2So in original. Probably should be "proscribed".
3So in original. Probably should be "solicited".
4So in original. Probably should be followed by "of the Small Business Act".
5So in original. Probably should be "a".
15 U.S.C. § 637
EDITORIAL NOTES
REFERENCES IN TEXTThe Small Business Investment Act of 1958, referred to in subsecs. (a)(2)(C), (21)(D), and (b)(13), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, which is classified principally to chapter 14B (§661 et seq.) of this title. Title IV of the Small Business Investment Act of 1958 is classified generally to subchapter IV-A (§692 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.The Alaska Native Claims Settlement Act, referred to in subsec. (a)(13), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. Section 35(a) of title 41, referred to in subsecs. (a)(17)(B)(iii) and (b)(7)(B), was struck out and former section 35(b) of Title 41, Public Contracts, redesignated section 35(a) by Pub. L. 103-355, title VII, §7201(1), Oct. 13, 1994, 108 Stat. 3378. Section 35 of title 41 was subsequently repealed and restated as sections 6501(1) and 6502 of Title 41, Public Contracts, by Pub. L. 111-350, §§3, Jan. 4, 2011, 7, Jan. 4, 2011, 124 Stat. 3677, 3855. Section 6510 of Title 41 now provides for determination of "regular dealer" by Secretary of Labor. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. The Program Fraud Civil Remedies Act of 1986, referred to in subsec. (a)(18)(C)(iv), is subtitle B of title VI of Pub. L. 99-509, Oct. 21, 1986, 100 Stat. 1934, which is classified generally to chapter 38 (§3801 et seq.) of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of Title 31 and Tables.The Women's Business Ownership Act of 1988, referred to in subsec. (b)(1)(G), is Pub. L. 100-533, Oct. 25, 1988, 102 Stat. 2689. Title IV of the Act is classified generally to chapter 97 (§7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 631 of this title and Tables.Section 110 of the Housing Act of 1949 [ 42 U.S.C. 1460 ], referred to in subsec. (b)(14), was omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated authority to make grants or loans under title I of that Act [ 42 U.S.C. 1450 et seq.] after Jan. 1, 1975.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. Section 414 of title 41, referred to in subsec. (h)(1)(A)(iii), was amended generally by Pub. L. 108-136, div. A, title XIV, §1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, the substance of par. (3) was restated in subsec. (c)(1) of section 414. Section 414(c) of title 41 was subsequently repealed and restated as section 1702(c) of Title 41, Public Contracts, by Pub. L. 111-350, §§3, Jan. 4, 2011, 7, Jan. 4, 2011, 124 Stat. 3677, 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500.In subsec. (a)(2), "subsections (a), (b), and (e) of section 3131 of title 40" substituted for "subsections (a) and (c) of the first section of the Act entitled 'An Act requiring contracts for the construction, alteration, and repair of any public building or public work of the United States to be accompanied by a performance bond protecting the United States and by additional bond for the protection of persons furnishing material and labor for the construction, alteration, or repair of said public buildings or public work,' approved August 24, 1935 (49 Stat. 793)" on authority of Pub. L. 107-217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.In subsec. (d)(4)(F)(ii), "chapter 71 of title 41" substituted for "the Contract Disputes Act of 1978 (41 U.S.C. 601-613)" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.In subsec. (d)(13)(E), "section 1302(a) of title 41" substituted for "section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a))" and "section 1303(a) of title 41" substituted for "section 25 of such Act" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.In subsec. (e)(2)(A)(i), "section 1708(d) of title 41" substituted for "section 18(a)(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)(7))" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.In subsec. (g)(2), "paragraph (2), (3), (4), (5), or (7) of section 3304(a) of title 41" substituted for "paragraph (2), (3), (4), (5), or (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c))" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.In subsec. (h)(1)(B), "division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.In subsec. (h)(2), "paragraphs (3) and (4) of section 3304(e) of title 41" substituted for "section 303(f)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(2))" and "section 3304(e)(1) of title 41 or section 2304(f)(1) of title 10" substituted for "section 303(f)(1) of such Act or section 2304(f)(1) of such title" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.In subsec. (j), "section 133 of title 41" substituted for "section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (m)(1)(A), "section 2101(1) of title 41" substituted for "section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5))" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
PRIOR PROVISIONSPrior similar provisions were contained in sections 207(b)(2), (b)(4), 208, 210, 212 and 216 of act July 30, 1953, ch. 282, title II, 67 Stat. 235-239, as amended by acts Aug. 9, 1955, ch. 628, §§2, 5, 7, 69 Stat. 547, 550; Feb. 2, 1956, ch. 29, §§2, 3, 70 Stat. 10, which were previously classified to this section and sections 636, 639, 641, and 645 of this title. See Codification note set out under section 631 of this title.
AMENDMENTS2023-Subsec. (d)(13)(B)(i). Pub. L. 118-31, §862(a)(1), substituted "30 days" for "90 days".Subsec. (d)(13)(C). Pub. L. 118-31, §862(a)(2), inserted dash after "contract" and cl. (i) designation before "shall" and added cl. (ii).Subsec. (d)(13)(D). Pub. L. 118-31, §862(a)(3), substituted "subparagraph (F)" for "subparagraph (E)". Subsec. (d)(13)(E), (F). Pub. L. 118-31, §862(a)(4), (5), added subpar. (E) and redesignated former subpar. (E) as (F). 2022-Subsec. (d)(12). Pub. L. 117-263 substituted "the Mentor-Protege Program established under section 4902 of title 10" for "the pilot Mentor-Protege Program established pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note)" and "subsection (f)" for "subsection (g)". 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. (l). Pub. L. 116-92, §877(d), designated existing provisions as par. (1) and inserted heading, struck out "(as defined in section 636(n)(1) of this title)" before period at end, and added par. (2). 2017-Subsec. (d)(3)(G). Pub. L. 115-91, §1701(a)(4)(C), substituted "section 31(b)" for "section 3(p) of the Small Business Act".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 "small business concerns".Subsec. (d)(17)(G)(ii). Pub. L. 115-91, §1706(a)(1)(B), inserted ",set forth separately by applications from small business concerns and 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- "(i) a commercial market representative; "(ii) another individual designated by the senior official appointed by the Administrator with responsibilities under sections 637, 644, 657a, and 657f of this title; or"(iii) the Office of Small and Disadvantaged Business Utilization of a Federal agency, if the head of the Federal agency and the Administrator agree." 2016-Subsec. (d)(3)(H). Pub. L. 114-328, §1832(c), added subpar. (H). Subsec. (d)(9). Pub. L. 114-328, §1821(a), inserted par. heading, added subpar. (C), and realigned margins. Subsec. (d)(17). Pub. L. 114-328, §1822, added par. (17). 2015-Subsec. (a)(17)(A). Pub. L. 114-92, §864(a)(1), substituted "any procurement contract, which contract has as its principal purpose the supply of a product to be let pursuant to this subsection, subsection (m), section 644(a) of this title, section 657a of this title, or section 657f of this title," for "any procurement contract for the supply of a product to be let pursuant to this subsection or subsection (a) of section 644 of this title".Subsec. (a)(17)(C). Pub. L. 114-92, §864(a)(2), added subpar. (C). 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 Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or "(ii) certifies to the contracting officer that it is a small business concern owned and controlled by women and provides adequate documentation, in accordance with standards established by the Administration, 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 small business concern 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 employees 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 Administrator may change the percentage under clause (i) or (ii) of subparagraph (A) if the Administrator 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 Administration 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 or subcontract and may be considered in any past performance evaluation of the contractor" for "shall be a material breach of such contract or subcontract" 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. (d)(16). Pub. L. 113-66, §1614(a)(4), added par. (16).Subsec. (k)(1). Pub. L. 112-239, §1654, substituted "on the appropriate Federal Web site (as determined by the Administrator)" 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 "(ii) $3,000,000, in the case of all other contracts;". 2010-Subsec. (d)(6)(G). Pub. L. 111-240, §1322, added subpar. (G).Subsec. (d)(12). Pub. L. 111-240, §1334, added par. (12).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 small business concerns-" for "to provide- "(i) technical, managerial, and informational aids to small business concerns-", 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 the Administration deems 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 ",veterans, 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 the State of 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 and State agencies, 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 Administration; and In the case of cosponsored activities which include the participation of a Federal, State, or local public official or agency, the Administration shall take such actions as it deems necessary to ensure that the cooperation does not constitute or imply an endorsement by the Administration of or give undue recognition to the public official or agency, and the Administration shall 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 the Administration pursuant to this subparagraph for such solicitation." Subsec. (d)(1). Pub. L. 106-554, §1(a)(9) [title VIII, §803(1)], inserted "small business concerns owned and controlled by veterans," after "small business concerns," the first place appearing in the first and second sentences.Subsec. (d)(3)(A). Pub. L. 106-554, §1(a)(9) [title VIII, §803(2)(A)], inserted "small business concerns owned and controlled by service-disabled veterans," after "small business concerns owned and controlled by veterans," in two places.Subsec. (d)(3)(F). Pub. L. 106-554, §1(a)(9) [title VIII, §803(2)(B)], inserted "small business concern owned and controlled by service-disabled veterans," after "small business concern owned and controlled by veterans,".Subsec. (d)(4)(D). Pub. L. 106-554, §1(a)(9) [title VIII, §803(3)], inserted "small business concerns owned and controlled by service-disabled veterans," after "small business concerns owned and controlled by veterans,". Pub. L. 106-554, §1(a)(9) [title VI, §615(b)], inserted "qualified HUBZone small business concerns," after "small business concerns,".Subsec. (d)(4)(E), (6)(A), (C), (F), (10)(B). Pub. L. 106-554, §1(a)(9) [title VIII, §803(3)], inserted "small business concerns owned and controlled by service-disabled veterans," after "small business concerns owned and controlled by veterans,". Subsec. (e)(1)(A). Pub. L. 106-398, §1 [[div. A], title VIII, §810(c)(1)], substituted "publish" for "furnish for publication by the Secretary of Commerce" in concluding provisions. Subsec. (e)(2). Pub. L. 106-398, §1 [[div. A], title VIII, §810(c)(2)], added par. (2) and struck out former par. (2) which read as follows: "The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1)." Subsec. (e)(3). Pub. L. 106-398, §1 [[div. A], title VIII, §810(c)(3)], substituted "publish a notice of solicitation" for "furnish a notice to the Secretary of Commerce" in introductory provisions and struck out "by the Secretary of Commerce" after "notice is published" in subpar. (A).Subsec. (m). Pub. L. 106-554, §1(a)(9) [title VIII, §811], added subsec. (m). Subsec. (n). Pub. L. 106-554, §1(a)(8) [§2], added subsec. (n). 1999-Subsec. (d)(1). Pub. L. 106-50, §501(a), inserted "small business concerns owned and controlled by service-disabled veterans," after "small business concerns," in two places. Subsec. (d)(3)(A). Pub. L. 106-50, §501(b)(1), inserted "small business concerns owned and controlled by veterans," after "small business concerns," 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 "small business concern owned and controlled by veterans," after "small business concern,". 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 "small business concerns owned and controlled by veterans," after "small business concerns," the first place appearing.Subsec. (l). Pub. L. 106-50, §303(a), added subsec. (l). 1997-Subsec. (b)(16). Pub. L. 105-135, §708(3), struck out the par. (16) added by Pub. L. 100-590, §127(b). See 1988 Amendment note below.Subsec. (b)(17). Pub. L. 105-135, §708, added par. (17).Subsec. (d)(1). Pub. L. 105-135, §603(a)(1)(B), inserted "qualified HUBZone small business concerns," after "small business concerns," in second sentence. Pub. L. 105-135, §603(a)(1)(A), which directed substitution of ",qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals" for ",,small business concerns owned and controlled by socially and economically disadvantaged individuals" in first sentence, was executed by making the substitution for ",small business concerns owned and controlled by socially and economically disadvantaged individuals" to reflect the probable intent of Congress and the amendment by Pub. L. 104-106, §4321(c)(1)(A). See 1996 Amendment note below. Subsec. (d)(3)(A). Pub. L. 105-135, §603(a)(2)(A), inserted "qualified HUBZone small business concerns," after "small business concerns," in two places. Subsec. (d)(3)(F). Pub. L. 105-135, §603(a)(2)(B), added subpar. (F).Subsec. (d)(4)(E). Pub. L. 105-135, §603(a)(3), substituted "small business concerns, qualified HUBZone small business concerns, and" for "small business concerns and" after "opportunities for".Subsec. (d)(4)(G). Pub. L. 105-135, §415, added subpar. (G).Subsec. (d)(6). Pub. L. 105-135, §603(a)(4), inserted "qualified HUBZone small business concerns," after "small business concerns," wherever appearing.Subsec. (d)(10)(B). Pub. L. 105-135, §603(a)(5), inserted "qualified HUBZone small business concerns," after "small business concerns,".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:"(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be made through a system with interim FACNET capability certified pursuant to section 426a(a)(1) of title 41 or with full FACNET capability certified pursuant to section 426a(a)(2) of title 41; "(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;". Subsec. (k). Pub. L. 105-135, §416(a), added subsec. (k). 1996-Subsec. (d)(1). Pub. L. 104-106, §4321(c)(1)(A), substituted "that small business concerns," for "that small business concerns,,".Subsec. (d)(6)(C). Pub. L. 104-106, §4321(c)(1)(B), substituted ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by the socially and economically disadvantaged individuals". Subsec. (f)(5). Pub. L. 104-106, §4321(c)(2), inserted "and" at end. 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. Pub. L. 103-403, §401(a)(1), repealed amendments made by Pub. L. 98-362, §5(a), effective Sept. 30, 2003. Amendment by Pub. L. 98-362, §5(a)(2), previously repealed effective Oct. 1, 1994, by section 7(b) of Pub. L. 98-362 as amended. See Effective and Termination Dates of 1984 Amendments notes below.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 ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by socially and economically disadvantaged individuals" in two places. Subsec. (d)(2)(A). Pub. L. 103-355, §4404(b), substituted "simplified acquisition threshold" for "small purchase threshold". Subsec. (d)(3)(A). Pub. L. 103-355, §7106(b)(1), substituted ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned 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 a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.'"Subsec. (d)(4)(D). Pub. L. 103-355, §7106(b)(1), substituted ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by socially and economically disadvantaged individuals".Subsec. (d)(4)(E). Pub. L. 103-355, §7106(b)(4), inserted "and for small business concerns owned and controlled by women" after "(3) of this subsection".Subsec. (d)(6)(A). Pub. L. 103-355, §7106(b)(1), substituted ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned 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 ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by socially and economically disadvantaged individuals", could not be executed because the words "and small business concerns owned 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 ",small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned 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 simplified acquisition threshold," after "(B)". Subsec. (f)(6). Pub. L. 103-355, §4202(d)(2), added par. (6).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). Pub. L. 103-355, §1055(b)(2), added subpar. (F).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).Subsec. (d)(11), (12). Pub. L. 102-564, §303(a), redesignated par. (12) as (11) and struck out former par. (11) which read as follows: "At the conclusion of each fiscal year, the Administration shall submit to the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives a report on subcontracting plans found acceptable by any Federal agency which the Administration determines do not contain maximum practicable opportunities for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of contracts described in this subsection."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 "Administration" 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. 1991-Subsec. (c). Pub. L. 102-191 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to management and technical assistance for small businesses owned by women. See section 656 of this title. Subsec. (d). Pub. L. 102-191 redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(12). Pub. L. 102-190 added par. (12). Subsecs. (e) to (j). Pub. L. 102-191 which directed the redesignation of subsecs. (e) to (j) as (d) to (k), was executed by redesignating subsecs. (e) to (j) as (d) to (i), respectively, to reflect the probable intent of Congress.1990-Subsec. (a)(1). Pub. L. 101-574, §207(2), struck out after subpar. (C) "No contract may be entered into under subparagraph (B) after September 30, 1988."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 the Administration certifies to any officer of such agency having procurement powers that the Administration is competent and responsible to perform any specific procurement contract to be let by any such officer, such officer shall let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. If the Administration and such procurement officer fail to agree on such terms and conditions, either the Administration or 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 Administration, and shall communicate in writing to the Administration the terms and conditions so established. Within five days (exclusive of Saturdays, Sundays, and legal holidays) after the receipt of such written communication, the Administration shall decide whether to perform such procurement contract or withdraw its prior certification that the Administration is 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, the Administrator may 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)(9). Pub. L. 101-37, §17, substituted "Administration" for "Administrator" in subpar. (A), "section 636(j)(10)(G) of this title" for "section 636(j)(10)(H) of this title" in subpar. (B)(iii), and "Administration's" for "Administrator's" in subpar. (C). 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 Administrator," 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 the Administrator and 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 "the Administration shall 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 the Administration is 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 authorizing Administration appeal from procurement officer's adverse decisions and providing for decision by the Secretary or agency head on the appeal.Subsec. (a)(1)(D). Pub. L. 100-656, §303(b), added subpar. (D).Subsec. (a)(3). Pub. L. 100-656, §303(e), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Any small business concern selected by the Administration to perform any Federal Government procurement contract to 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)(4)(C). Pub. L. 100-656, §209(b), added subpar. (C). 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, the Administration shall publish in the Federal Register rules setting forth those conditions or circumstances pursuant to which a firm previously deemed eligible by the Administration may 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 from small business concerns located 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 Associate Administrator for 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. (a)(15). Pub. L. 100-656, §207(a), added par. (15).Subsec. (a)(16). Pub. L. 100-656, §303(c), added par. (16).Subsec. (a)(17). Pub. L. 100-656, §303(h), added par. (17).Subsec. (a)(18). Pub. L. 100-656, §402, added par. (18).Subsec. (a)(19). Pub. L. 100-656, §403, added par. (19).Subsec. (a)(20). Pub. L. 100-656, §404, added par. (20).Subsec. (a)(21). Pub. L. 100-656, §407, added par. (21).Subsec. (b)(1)(A). Pub. L. 100-590, §131(b), inserted "that any Administration program participating in such cosponsored activities receives appropriate recognition and publicity, and" in provisions preceding cl. (i), inserted ",executed on behalf of the agency by an employee of 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 Administration, in case of cosponsored activities, to ensure that cooperation does not constitute endorsement or give undue recognition to public official or agency, and that Administration is given primary recognition in all cosponsored printed materials.Subsec. (b)(16). Pub. L. 100-533, §202, and Pub. L. 100-590, §127(b), made identical amendments adding par. (16). Subsec. (c). Pub. L. 100-590, §127(a), amended subsec. (c) generally, inserting provisions substantially identical to provisions contained in prior general amendment by Pub. L. 100-533, §201. Pub. L. 100-533, §201, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Administration shall 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 appropriate Federal agency or agencies for the adjustment of such programs and regulations to the needs of small business."Subsec. (d)(4)(F). Pub. L. 100-656, §304(a), added subpar. (F). 1987-Subsec. (a)(14)(B), (C). Pub. L. 100-26, §10(b)(3), substituted "section 644(o)" for "section 644(n)". 1986-Subsec. (a)(1). Pub. L. 99-567, §2, substituted provision that no contract may be entered into under subpar. (B) after Sept. 30, 1988, for provision that no such contract could be entered into prior to Oct. 1, 1983, nor after Sept. 30, 1985, in closing provisions. Subsec. (a)(1)(A). Pub. L. 99-500 and Pub. L. 99-591, §101(c) [§921(b)(2)], Pub. L. 99-661, §921(b)(2), amended subpar. (A) identically, inserting provision that a contract not be awarded if the award would result in a cost to the awarding agency which exceeds a fair market price.Subsec. (a)(1)(B). Pub. L. 99-567, §1(a), struck out "(other than the Department of Defense or any component thereof)" after "contracts with such agency".Subsec. (a)(2). Pub. L. 99-567, §3, substituted provision that the authority to waive bonds as provided in par. (2) may not be exercised after Sept. 30, 1988, for provision that such authority could not be exercised prior to Oct. 1, 1983, nor after Sept. 30, 1985, in closing provisions.Subsec. (a)(4). Pub. L. 99-272, §18015(b), in amending par. (4) generally, included economically disadvantaged Indian tribe within definition of "socially and economically disadvantaged small business concern".Subsec. (a)(6). Pub. L. 99-272, §18015(c), inserted provision enumerating factors to be considered by the Administration in determining the economic disadvantage of an Indian tribe. Subsec. (a)(13). Pub. L. 99-272, §18015(d), added par. (13).Subsec. (a)(14). Pub. L. 99-500 and Pub. L. 99-591, §101(c) [§921(c)(1)], Pub. L. 99-661, §921(c)(1), amended subsec. (a) identically, adding par. (14). Subsec. (e)(1). Pub. L. 99-500 and Pub. L. 99-591, §101(c) [§921(a)], Pub. L. 99-661, §921(a), amended par. (1) identically, in subpar. (A) substituting "$25,000" for "$10,000" in cls. (i) and (ii), adding cl. (iii), and in provision following cl. (iii) substituting "subsection (f)" for "subsection (b)", adding subpar. (B), and redesignating former subpar. (B) as (C).Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, §101(c) [§922(d)], Pub. L. 99-661, §922(d), amended subsec. (f) identically, substituting "subparagraph (A) or (B) of subsection (e)(1)" for "subsection (e)(1)(A)" in provisions preceding par. (1). 1984-Subsec. (b)(1)(A). Pub. L. 98-362, §5(a)(2), which inserted provisions at end of subpar. (A) relating to providing of assistance through cooperation of cosponsors, and provisions respecting activities of the Administration related to furnishing of assistance by cosponsors, was repealed effective Oct. 1, 1994, by Pub. L. 98-362, §7(b), as amended, and effective Sept. 30, 2003, by Pub. L. 103-403, §401(a), as amended. See Effective and Termination Dates of 1984 Amendments notes below. Pub. L. 98-362, §5(a)(1), which inserted "computer security," after "wage incentives,", was repealed effective Sept. 30, 2003, by Pub. L. 103-403, §401(a), as amended. See Effective and Termination Dates of 1984 Amendments note below. Subsec. (b)(7)(C). Pub. L. 98-577, §401, inserted "Notwithstanding the first sentence of this subparagraph, the Administration may 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 small business concern to which the referral pertains declines to have the application processed."Subsec. (d)(1). Pub. L. 98-577, §402(a), inserted ",including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals". Subsec. (d)(3)(A). Pub. L. 98-577, §402(b), inserted ",including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned 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. 1983-Subsec. (a)(1). Pub. L. 98-47, §2, substituted provision that no contract may be entered into under subpar. (B) prior to Oct. 1, 1983, nor after Sept. 30, 1985, for provision that such contracts may not be entered into after Sept. 30, 1981.Subsec. (a)(1)(B). Pub. L. 98-47, §1(a), substituted "(other than the Department of Defense or any component thereof) as shall be designated by the President" for ",as shall be designated by the President within 60 days after the effective date of this paragraph". Subsec. (a)(2). Pub. L. 98-47, §3, substituted provision that the authority to waive bonds as provided in par. (2) may not be exercised prior to Oct. 1, 1983, nor after Sept. 30, 1985, for provision that par. (2) shall not apply after Sept. 30, 1981. Subsec. (e). Pub. L. 98-72 amended subsec. (e) generally, designating existing provisions as par. (1) and in par. (1) as so designated substituting: "It shall be the duty of the Secretary of Commerce, and the Secretary is hereby empowered, to obtain notice of all proposed competitive and noncompetitive civilian and defense procurement actions of $10,000 and above from any Federal department, establishment or agency (hereinafter in this subsection referred to as 'department') engaged in procurement of property, supplies, and services in the United States; and to publicize such notices in the daily publication Commerce Business Daily, immediately after the necessity for the procurement is established: Provided, That nothing in this paragraph shall require publication of such notices with respect to those procurements in which it is determined on a case-by-case basis that (A) the procurement for security reasons is of a classified nature; (B) the Federal department's need for the property, supplies, or services is of such unusual and compelling urgency that the Government would be seriously injured if the time periods provided for in paragraph (2) were complied with; (C) a foreign government reimburses the Federal department for the cost of the procurement of the property, supplies, or services for such government and only one source is available, or the terms of an international agreement or treaty between the United States and a foreign government authorize or require that all such procurement shall be from sources specified within such international agreement or treaty; (D) the procurement is made from another Government department or agency, or a mandatory source of supply; (E) the procurement is for utility services and only one source is available; (F) the procurement is made against an order placed under a requirement or similar contract, including orders for perishable subsistence supplies; (G) the procurement results from acceptance of a proposal pursuant to the Small Business Innovation Development Act of 1982 or an unsolicited proposal that demonstrates a unique or innovative research concept and publication of such unsolicited proposal would improperly disclose the originality of thought or innovativeness of the proposed research; or (H) it is determined in writing by the head of the Federal department, with the concurrence of the Administrator, that advance notice is not appropriate or reasonable" for "It shall be the duty of the Secretary of Commerce, and he is empowered, to obtain notice of all proposed defense procurement actions of $10,000 and above, and all civilian procurement actions of $5,000 and above, from any Federal department, establishment, or agency engaged in procurement of supplies and services in the United States; and to publicize such notices in the daily publication 'United States Department of Commerce Synopsis of the United States Government Proposed Procurements, Sales, and Contract Awards', immediately after the necessity for the procurement is established; except that nothing herein shall require publication of such notices with respect to those procurements (1) which for security reasons are of a classified nature, or (2) which involve perishable subsistence supplies, or (3) which are for utility services and the procuring agency in accordance with applicable law has predetermined the utility concern to whom the award will be made, or (4) which are of such unusual and compelling emergency that the Government would be seriously injured if bids or offers were permitted to be made more than 15 days after the issuance of the invitation for bids or solicitation for proposals, or (5) which are made by an order placed under an existing contract, or (6) which are made from another Government department or agency, or a mandatory source of supply, or (7) which are for personal or professional services, or (8) which are for services from educational institutions, or (9) in which only foreign sources are to be solicited, or (10) for which it is determined in writing by the procuring agency, with the concurrence of the Administrator, that advance publicity is not appropriate or reasonable", and adding pars. (2) to (6).1980-Subsec. (a)(1), (2). Pub. L. 96-481, §101, substituted "September 30, 1981" for "September 30, 1980". 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 the Administrator after consultation with the Associate Administrator for 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 Associate Administrator for Minority Small Business and Capital Ownership Development under the supervision of, and responsible to the Administrator, for provision that all determinations made pursuant to pars. (4), (5), (6) and (7), shall be made by the Associate Administrator for 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 the Administration sole 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 small business concerns, requiring, among other things, the inclusion of a specific contract clause in most Federal prime contracts, 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 subcontract, administrative review of contract solicitation and subcontract planning, and relating to submission to congressional committees of a report on subcontracting plans for provisions relating generally to the small business subcontract program 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 any small business concern or 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 the Administration pursuant 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 the Administration to 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". 1970-Subsec. (b)(15). Pub. L. 91-375 substituted "section 3204 of title 39" for "section 4154 of title 39".1967-Subsec. (b)(1)(B). Pub. L. 90-104, §105, designated existing provisions as cl. (i) and added cl. (ii). Subsec. (b)(13). Pub. L. 90-104, §106, substituted "advisory boards and committees" for "small business advisory boards and committees truly representative of small business", included achievement of purposes of the Small Business Investment Act of 1958, and required the Administrator to call board and committee meetings, pay transportation expenses and per diem allowances, and rent temporarily necessary accommodations to facilitate conduct of meetings.Subsec. (b)(15). Pub. L. 90-104, §107, added par. (15). 1966-Subsec. (b)(1). Pub. L. 89-754 designated existing provisions as subpar. (A) and added subpar. (B). 1964-Subsec. (b)(14). Pub. L. 88-560 added par. (14).1961-Subsec. (d). Pub. L. 87-305, §7, added subsec. (d).Subsec. (e). Pub. L. 87-305, §8, added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2017 AMENDMENT Amendment by section 1701(a)(4)(C) of Pub. L. 115-91 effective Jan. 1, 2020, see section 1701(j) of Pub. L. 115-91 set out as a note under section 657a of this title.
EFFECTIVE DATE OF 2016 AMENDMENT Amendment by section 1832(c) of Pub. L. 114-328 effective on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue implementing regulations [regulations effective Oct. 1, 2018], see section 1832(e) of Pub. L. 114-328 set out as a note under section 632 of this title.
TERMINATION DATE OF 2004 AMENDMENT Amendment by section 132(b) of Pub. L. 108-447 repealed Oct. 1, 2006, see section 132(c) of Pub. L. 108-447 set out as a note under section 633 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-398, §1 [[div. A], title VIII, §810(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-210, provided that: "The amendments made by this section [amending this section and sections 416 and 426 of Title 41, Public Contracts] shall take effect on October 1, 2000. The amendments made by subsections (a), (b), and (c) [amending this section and section 416 of Title 41] shall apply with respect to solicitations issued on or after that date."
EFFECTIVE DATE OF 1997 AMENDMENTS Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3 of Pub. L. 105-135 set out as a note under section 631 of this title. Pub. L. 105-85, div. A, title VIII, §850(g), Nov. 18, 1997, 111 Stat. 1850, provided that:"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section, former sections 2302c and 2304 of Title 10, Armed Forces, section 1501 of former Title 40, Public Buildings, Property, and Works, and sections 252c, 253, 416, 426, and 427 of Title 41, Public Contracts, repealing section 426a of Title 41, amending provisions set out as a note under section 413 of Title 41, and repealing provisions set out as a note under section 426a of Title 41] shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1997]. "(2) 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."
EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104-106 see section 4401 of Pub. L. 104-106 set out as a note under section 2220 of Title 10, Armed Forces.
EFFECTIVE DATE OF 1994 AMENDMENTFor effective date and applicability of amendment by Pub. L. 103-355 see section 10001 of Pub. L. 103-355 set out as a note under section 8752 of Title 10, Armed Forces.
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-37 applicable as if included in Pub. L. 100-656 see section 32 of Pub. L. 101-37 set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 207(a), (c) and 303(d), (e) of Pub. L. 100-656 effective Nov. 15, 1988, see section 803(a) of Pub. L. 100-656 set out as a note under section 631 of this title. Amendment by sections 201(b), 303(c), (g), (h), 304(a), 402-404, and 409 of Pub. L. 100-656 effective Aug. 15, 1989, see section 803(b)(1)(A)-(C) of Pub. L. 100-656 as amended, set out as a note under section 631 of this title.Amendment by section 407 of Pub. L. 100-656 effective with respect to contracts entered into on or after June 1, 1989, see section 803(b)(3) of Pub. L. 100-656 as amended, set out as a note under section 631 of this title.Amendment by sections 209 and 303(b) of Pub. L. 100-656 effective Oct. 1, 1989, see section 803(b)(4)(A), (B) of Pub. L. 100-656 as amended, set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT Amendment by section 10(b)(3) of Pub. L. 100-26 applicable as if included in each instance of the Defense Acquisition Improvement Act (as specified in section 2 of Pub. L. 100-26) [title X of section 101(c) of Pub. L. 99-500 and Pub. L. 99-591 and title IX of div. A of Pub. L. 99-661] when each was enacted [Oct. 18, 1986, Oct. 30, 1986, and Nov. 14, 1986, respectively], see section 12(c) of Pub. L. 100-26 set out as a note under section 632 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 101(c) [title X, §921(b)(2), (c)(1)] of Pub. L. 99-500 and Pub. L. 99-591 and section 921(b)(2), (c)(1) of Pub. L. 99-661 effective Oct. 1, 1987, see section 101(c) of Pub. L. 99-500 and Pub. L. 99-591 and section 921(g) of Pub. L. 99-661 set out as a note under section 632 of this title.
EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENTS Pub. L. 103-403, title IV, §401(a), Oct. 22, 1994, 108 Stat. 4190, as amended by Pub. L. 105-135, title V, §504, Dec. 2, 1997, 111 Stat. 2624; Pub. L. 106-554, §1(a)(9) [title V, §504(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-696, provided that:"(1) REPEAL.-The amendments made by section 5(a) of Small Business Computer Security and Education Act of 1984 [Pub. L. 98-362 amending this section] (15 U.S.C. 633 note) are hereby repealed. "(2) EFFECTIVE DATE.-Paragraph (1) shall take effect on September 30, 2003."[Repeal by section 401(a) of Pub. L. 103-403 set out as a note above, effective Sept. 30, 1997, was not executed to reflect the probable intent of Congress and subsequent amendment by Pub. L. 105-135 changing the effective date to Sept. 30, 2000. Similarly, repeal effective Sept. 30, 2000, was not executed because of subsequent amendment by Pub. L. 106-554 changing the effective date to Sept. 30, 2003.] Amendment by section 5(a)(1), (2) of Pub. L. 98-362 effective Oct. 1, 1984, and amendment by section 5(a)(2) of Pub. L. 98-362 repealed Oct. 1, 1994, see section 7 of Pub. L. 98-362 as amended, set out as a note under section 633 of this title. Pub. L. 98-577, title IV, §404(b), Oct. 30, 1984, 98 Stat. 3084, provided that: "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."
EFFECTIVE DATE OF 1983 AMENDMENTS Pub. L. 98-72, §1(b)(1), (2), Aug. 11, 1983, 97 Stat. 403, provided that:"(1) Except as to the amendments made to section 8(e)(4) of the Small Business Act as added by section (a) of this Act [subsec. (e)(4) of this section], the amendments made by this Act [amending this section] shall apply to procurement actions initiated ninety days after the date of enactment of this Act [Aug. 11, 1983]."(2) The amendments made to section 8(e)(4) of the Small Business Act as added by section (a) of this Act shall apply to procurement actions initiated on or after October 1, 1983." Pub. L. 98-47, §1(b), July 13, 1983, 97 Stat. 243, provided that: "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]."
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section 507 of Pub. L. 96-302 set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-510 effective Oct. 1, 1979, see section 105 of Pub. L. 95-510 set out as a note under section 634 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91-375 see section 15(a) of Pub. L. 91-375 set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
REGULATIONS Pub. L. 118-31, div. A, title VIII, §862(b), Dec. 22, 2023, 137 Stat. 347, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Administrator shall submit to the Federal Acquisition Regulatory Council proposed revisions to regulations that the Administrator determines necessary to carry out the amendments made by this section [amending this section]." Pub. L. 116-283, div. A, title VIII, §868(c), Jan. 1, 2021, 134 Stat. 3787, provided that: "Not later than 120 days after the date of the enactment of this Act [Jan. 1, 2021], the Administrator of the Small Business Administration shall issue rules to carry out this section [amending this section and section 644 of this title] and the amendments made by this section." Pub. L. 108-447, div. K, title I, §141(b), Dec. 8, 2004, 118 Stat. 3454, provided that: "The Administration 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]." Pub. L. 106-50, §303(c), Aug. 17, 1999, 113 Stat. 243, provided that: "Not later than 30 days after the date of the enactment of this section [Aug. 17, 1999], the Administrator of the Small Business Administration shall issue such guidelines as the Administrator determines to be necessary to carry out this section [amending this section and enacting provisions set out as a note under this section] and the amendment made by this section."
TRANSFER OF FUNCTIONS Transfer to Director of ACTION [now Corporation for National and Community Service] of functions of Small Business Administration under subsec. (b) of this section insofar as they relate to individuals or groups of persons cooperating with it in the furtherance of purposes of this section, except that such individuals or groups of persons, in providing technical and managerial aids to small concerns, remain subject to direction of Small Business Administration. See section 601 of Pub. L. 93-113 87 Stat. 416, formerly set out as a note under section 5041 of Title 42, The Public Health and Welfare, which superseded section 2(a)(3) of Reorg. Plan No. 1 of 1971, eff. July 1, 1971, 36 F.R. 11181, 85 Stat. 819, set out in the Appendix to Title 5, Government Organization and Employees.
EXTENSION OF PARTICIPATION IN 8(A) PROGRAM Pub. L. 116-283, div. A, title VIII, §869, Jan. 1, 2021, 134 Stat. 3787, provided that:"(a) IN GENERAL.-The Administrator of the Small Business Administration shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637 [a]) on or before September 9, 2020, may elect to extend such participation by a period of 1 year, regardless of whether such concern previously elected to suspend participation in such program pursuant to guidance of the Administrator."(b) EMERGENCY RULEMAKING AUTHORITY.-Not later than 15 days after the date of enactment of this section [Jan. 1, 2021], the Administrator shall issue regulations to carry out this section without regard to the notice requirements under section 553(b) of title 5, United States Code." Pub. L. 116-260, div. N, title III, §330, Dec. 27, 2020, 134 Stat. 2043, provided that:"(a) IN GENERAL.-The Administrator shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on or before September 9, 2020, may elect to extend such participation by a period of 1 year, regardless of whether the small business concern previously elected to suspend participation in the program pursuant to guidance of the Administrator."(b) EMERGENCY RULEMAKING AUTHORITY.-Not later than 15 days after the date of enactment of this Act [Dec. 27, 2020], the Administrator shall issue regulations to carry out this section without regard to the notice requirements under section 553(b) of title 5, United States Code."[For definitions of "Administrator" and "small business concern" as used in section 330 of div. N of Pub. L. 116-260 set out above, see section 302 of div. N of Pub. L. 116-260 set out as a note under section 9001 of this title.]
GOOD FAITH COMPLIANCE WITH SUBCONTRACTING REQUIREMENTS Pub. L. 114-328, div. A, title XVIII, §1821(c), Dec. 23, 2016, 130 Stat. 2654, provided that: "Not later than 270 days after the date of enactment of this title [Dec. 23, 2016], the Administrator of the Small Business Administration shall provide examples of activities that would be considered a failure to make a good faith effort to comply with the requirements imposed on an entity (other than a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that is awarded a prime contract containing the clauses required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d))."
SUBCONTRACTING MISREPRESENTATIONS Pub. L. 111-240, title I, §13211321,, 124 Stat. 2540, provided that: "Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Administrator, in consultation with the Administrator for Federal Procurement Policy, shall promulgate regulations relating to, and the Federal Acquisition Regulatory Council established under section 25(a) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302(a)] shall amend the Federal Acquisition Regulation issued under section 25 of such Act [see 41 U.S.C. 1303(a)] to establish a policy on, subcontracting compliance relating to small business concerns, including assignment of compliance responsibilities between contracting offices, small business offices, and program offices and periodic oversight and review activities."[For definitions of "Administrator" and "small business concern" as used in section 1321 of Pub. L. 111-240 set out above, see section 1001 of Pub. L. 111-240 set out as a note under section 632 of this title.]
SMALL BUSINESS CONTRACTING PARITY Pub. L. 111-240, title I, §1347(a), (b), Sept. 27, 2010, 124 Stat. 2546, 2547, provided that:"(a) DEFINITIONS.-In this section- "(1) the terms 'Administration' and 'Administrator' mean the Small Business Administration and the Administrator thereof, respectively; and"(2) the terms 'HUBZone small business concern', 'small business concern', 'small business concern owned and controlled by service-disabled veterans', and 'small business concern owned and controlled by women' have the same meanings as in section 3 of the Small Business Act (15 U.S.C. 632)."(b) CONTRACTING IMPROVEMENTS.- "(1) CONTRACTING OPPORTUNITIES.-[Amended section 657a of this title.]"(2) CONTRACTING GOALS.-[Amended section 644 of this title.]"(3) MENTOR-PROTEGE PROGRAMS.-The Administrator may establish mentor-protege programs for small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by women, and HUBZone small business concerns modeled on the mentor-protege program of the Administration for small business concerns participating in programs under section 8(a) of the Small Business Act (15 U.S.C. 637(a))."
INCREASING NUMBER OF OUTREACH CENTERS Pub. L. 110-186, title I, §105, Feb. 14, 2008, 122 Stat. 626, provided that:"(a) IN GENERAL.-The Administrator [of the Small Business Administration] shall use the authority in section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) to ensure that the number of Veterans Business Outreach Centers throughout the United States increases- "(1) subject to subsection (b), by at least 2, for each of fiscal years 2008 and 2009; and"(2) by the number that the Administrator considers appropriate, based on need, for each fiscal year thereafter."(b) LIMITATION.-Subsection (a)(1) shall apply in a fiscal year if, for that fiscal year, the amount made available for the Office of Veterans Business Development is more than the amount made available for the Office of Veterans Business Development for fiscal year 2007."
ENHANCED PUBLICITY DURING OPERATION ALLIED FORCE Pub. L. 106-50, §303(b), Aug. 17, 1999, 113 Stat. 243, provided that: "For the duration of Operation Allied Force and for 120 days thereafter, the Administration 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."
FEDERAL ACQUISITION REGULATION Pub. L. 105-135, title IV, §416(b), Dec. 2, 1997, 111 Stat. 2620, provided that: "The Federal Acquisition Regulation shall be amended to provide uniform implementation of the amendments made by this section [amending this section]."
IMPLEMENTATION OF AMENDMENT BY PUB. L. 105-85 Pub. L. 105-85, div. A, title VIII, §850(e)(3), Nov. 18, 1997, 111 Stat. 1849, provided that: "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."
MOBILE RESOURCE CENTER PILOT PROGRAM Pub. L. 103-403, title IV, §406, Oct. 22, 1994, 108 Stat. 4192, provided that the Administrator of the Small Business Administration could establish and carry out in each of fiscal years 1995, 1996, and 1997 a mobile resource pilot program and, if it was carried out, required the Administrator to transmit to Congress by Dec. 31, 1996, a report containing the results of such program, together with recommendations for appropriate legislative and administrative action.
PROJECTS FUNDED PURSUANT TO FORMER PROVISIONS Pub. L. 102-191, §3, Dec. 5, 1991, 105 Stat. 1591, provided in part that: "Projects funded pursuant to the provisions of former subsection (c) [15 U.S.C. 637(c)] shall be deemed to be funded under and shall be treated as if funded under section 28 of the Small Business Act [15 U.S.C. 656], as added by section 2."
TWO-YEAR RULE FOR ELIGIBILITY IN MINORITY SMALL BUSINESS AND CAPITAL OWNERSHIP DEVELOPMENT PROGRAM Pub. L. 101-574, title II, §203, Nov. 15, 1990, 104 Stat. 2818, provided that:"(a) IN GENERAL.-The Small Business Administration may prescribe a minimum period of time during which a prospective Program Participant must be in operation in order to meet the eligibility requirements of section 8(a)(7)(A) of the Small Business Act (15 U.S.C. 637(a)(7)(A)), only if the Administration provides a waiver of such minimum period as set forth in subsection (b)."(b) WAIVER OF MINIMUM PERIOD OF OPERATION.-(1) The Administration shall provide that any requirement it establishes regarding the period of time a prospective Program Participant must be in operation may be waived and, a prospective Program Participant, who otherwise meets the requirements of section 8(a)(7)(A) of the Small Business Act [15 U.S.C. 637(a)(7)(A)], shall be considered to have demonstrated reasonable prospects for success, if-"(A) the individual or individuals upon whom eligibility is to be based have substantial and demonstrated business management experience;"(B) the prospective Program Participant has demonstrated technical expertise to carry out its business plan with a substantial likelihood for success; "(C) the prospective Program Participant has adequate capital to carry out its business plan;"(D) 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"(E) 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. "(2) 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 Administrator of the Small Business Administration, or a designee of such officer."
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATESReferences in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101-509 set out in a note under section 5376 of Title 5.
CREDIT FOR INDIAN CONTRACTING IN MEETING CERTAIN MINORITY SUBCONTRACTING GOALSFor provisions that credit toward meeting a subcontracting goal specified in a Department of Defense contract in implementing subsec. (d) of this section may be given for work performed on Indian land or by certain Indian joint ventures, see section 3902 of Title 10, Armed Forces.
TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS Pub. L. 101-574, title IV, §402, Nov. 15, 1990, 104 Stat. 2832, which suspended subsec. (d) of section 834 of Pub. L. 101-189 set out below, for the test program period specified in subsec. (e) of that section, was repealed by Pub. L. 113-291, div. A, title VIII, §821(c)(2), Dec. 19, 2014, 128 Stat. 3434. Pub. L. 101-189, div. A, title VIII, §834, Nov. 29, 1989, 103 Stat. 1509, as amended by Pub. L. 102-484, div. A, title VIII, §805, Oct. 23, 1992, 106 Stat. 2447; Pub. L. 103-355, title VII, §71037103,, 108 Stat. 3368; Pub. L. 104-106, div. A, title VIII, §811, Feb. 10, 1996, 110 Stat. 394; Pub. L. 105-85, div. A, title VIII, §822, Nov. 18, 1997, 111 Stat. 1840; Pub. L. 106-65, div. A, title VIII, §817, Oct. 5, 1999, 113 Stat. 712; Pub. L. 106-398, §1 [[div. A], title X, §1087(g)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293; Pub. L. 108-375, div. A, title VIII, §843, Oct. 28, 2004, 118 Stat. 2019; Pub. L. 111-383, div. A, title VIII, §863(i), Jan. 7, 2011, 124 Stat. 4295; Pub. L. 112-81, div. A, title VIII, §866, Dec. 31, 2011, 125 Stat. 1526; Pub. L. 112-239, div. A, title X, §1076(a)(16), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 113-291, div. A, §821(a)-(c) (1), (d)-(f), Dec. 19, 2014, 128 Stat. 3433, 3434; Pub. L. 114-92, div. A, title VIII, §872, Nov. 25, 2015, 129 Stat. 939; Pub. L. 114-328, div. A, title VIII, §826, Dec. 23, 2016, 130 Stat. 2280; Pub. L. 115-91, div. A, title XVII, §1701(a)(4)(D), (j), Dec. 12, 2017, 131 Stat. 1796, 1803, provided that:"(a) TEST PROGRAM.-(1) The Secretary of Defense shall establish a test program under which contracting activities in the military departments and the Defense Agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under Department of Defense contracts for covered small business concerns. In selecting the contracting activities to undertake demonstration projects, the Secretary shall take such action as is necessary to ensure that a broad range of the supplies and services acquired by the Department of Defense are included in the test program. "(2) In developing the test program, the Secretary of Defense shall-"(A) consult with the Administrator of the Small Business Administration; and"(B) provide an opportunity for public comment on the test program."(b) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLAN.-(1) 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)."(2) The comprehensive subcontracting plan of a contractor-"(A) 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 "(B) shall cover each Department of Defense contract that is entered into by the contractor and each subcontract that is entered into by the contractor as the subcontractor under a Department of Defense contract."(3) 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: "(A) The amount of first-tier subcontract dollars awarded during the six-month period covered by the report to covered small business concerns, with the information set forth separately-"(i) by North American Industrial Classification System code;"(ii) by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code [now 10 U.S.C. 4201] ;"(iii) 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"(iv) by military department. "(B) The total number of subcontracts active under the test program during the six-month period covered by the report that would have otherwise required a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d))."(C) Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans."(D) Costs avoided by adoption of a comprehensive subcontracting plan."(4) A Department of Defense contractor referred to in paragraph (1) is, with respect to a comprehensive subcontracting plan negotiated in any fiscal year, a business concern that, during the immediately preceding fiscal year, furnished the Department of Defense with supplies or services (including professional services, research and development services, and construction services) pursuant to at least three Department of Defense contracts having an aggregate value of at least $100,000,000. "(c) WAIVER OF CERTAIN SMALL BUSINESS ACT SUBCONTRACTING PLAN REQUIREMENTS.-A Department of Defense contractor is not required to negotiate or submit a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) with respect to a Department of Defense contract if- "(1) the contractor has negotiated a comprehensive subcontracting plan under the test program that includes the matters specified in section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6));"(2) 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"(3) the comprehensive subcontracting plan applies to the contract. "(d) FAILURE TO MAKE A GOOD FAITH EFFORT TO COMPLY WITH A COMPREHENSIVE SUBCONTRACTING PLAN.-(1) A contractor that has negotiated a comprehensive subcontracting plan under the test program shall be subject to section 8(d)(4)(F) of the Small Business Act (15 U.S.C. 637(d)(4)(F)) regarding the assessment of liquidated damages for failure to make a good faith effort to comply with its comprehensive subcontracting plan and the goals specified in that plan. In addition, any such failure shall be a factor considered as part of the evaluation of past performance of an offeror."(2) Effective in fiscal year 2016 and each fiscal year thereafter in which the test program is in effect, the Secretary of Defense shall report to Congress on any negotiated comprehensive subcontracting plan that the Secretary determines did not meet the subcontracting goals negotiated in the plan for the prior fiscal year."(e) TEST PROGRAM PERIOD.-The test program authorized by subsection (a) shall begin on October 1, 1990, unless Congress adopts a resolution disapproving the test program. The test program shall terminate on December 31, 2027."(f) REPORT.-Not later than September 30, 2015, the Comptroller General of the United States shall submit a report on the results of the test program to the Committees on Armed Services and on Small Business of the House of Representatives and the Committees on Armed Services and on Small Business and Entrepreneurship of the Senate. "(g) DEFINITIONS.-In this section, the term 'covered small business concern' includes each of the following:"(1) A small business concern, as that term is defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). "(2) A small business concern owned and controlled by veterans, as that term is defined in section 3(q)(3) of such Act (15 U.S.C. 632(q)(3)). "(3) A small business concern owned and controlled by service-disabled veterans, as that term is defined in section 3(q)(2) of such Act (15 U.S.C. 632(q)(2)). "(4) A qualified HUBZone small business concern, as that term is defined under section 31(b) of such Act [15 U.S.C. 657a(b)] . "(5) A small business concern owned and controlled by socially and economically disadvantaged individuals, as that term is defined in section 8(d)(3)(C) of such Act (15 U.S.C. 637(d)(3)(C))."(6) A small business concern owned and controlled by women, as that term is defined under section 3(n) of such Act (15 U.S.C. 632(n))."
CONTRACT OPTIONS AND MODIFICATIONS Pub. L. 100-656, title III, §303(f), Nov. 15, 1988, 102 Stat. 3871, as amended by Pub. L. 101-37, §10(d), June 15, 1989, 103 Stat. 73, provided that:"(1) The Small Business Administration shall make substantial and sustained efforts to achieve a maximum ten-day period as the average processing time for approving options and modifications to contracts awarded pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) and submitted to such Administration for approval."(2) Within sixty days after the date of enactment of this Act [Nov. 15, 1988], the Small Business Administration, and the appropriate Federal agency, shall make substantial and sustained efforts to negotiate contract modifications for fair market price for any and all unpriced options contained in active contracts previously awarded pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) with the contractor that was initially awarded such contract."(3) 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. "(4) The Small Business Administration shall take appropriate actions, including publication in the Federal Register, to advise small business concerns and Federal agencies of the requirements of this subsection. "(5) The Administration shall, to the maximum extent practicable, minimize delay, eliminate excess regulation, and require only such paperwork as may be necessary to effect the orderly and efficient management of the Program established by section 7(j)(10) of the Small Business Act (15 U.S.C. 636(j)(10)) and the award of contracts pursuant to section 8(a) of such Act (15 U.S.C. 637(a))."
LIQUIDATED DAMAGES CLAUSES Pub. L. 100-656, title III, §304(b), Nov. 15, 1988, 102 Stat. 3873, provided that: "The contract clause required by section 8(d)(4)(F) of the Small Business Act [15 U.S.C. 637(d)(4)(F)] (as added by subsection (a)) shall be made part of the Federal Acquisition Regulation and promulgated pursuant to section 22 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 418b) [now 41 U.S.C. 1707] ."[ Section 304(b) of Pub. L. 100-656 effective Aug. 15, 1989, see section 803(b)(1)(B) of Pub. L. 100-656 as amended, set out as an Effective Date of 1988 Amendment note under section 631 of this title.]
NATIVE AMERICAN ORGANIZATIONS EXEMPTIONS Pub. L. 109-289, div. A, title VIII, §80188018,, 120 Stat. 1277, provided in part: "That, during the current fiscal year and hereafter, businesses certified as 8(a) by the Small Business Administration pursuant to section 8(a)(15) of Public Law 85-536 [15 U.S.C. 637(a)(15)], as amended, shall have the same status as other program participants under section 602 of Public Law 100-656 102 Stat. 3825 (Business Opportunity Development Reform Act of 1988) [set out as a note below] for purposes of contracting with agencies of the Department of Defense." Similar provisions were contained in the following prior appropriation acts: Pub. L. 109-148, div. A, title VIII, §80208020,, 119 Stat. 2702. Pub. L. 108-287, title VIII, §80218021,, 118 Stat 975. Pub. L. 108-87, title VIII, §80218021,, 117 Stat 1076. Pub. L. 100-656, title VI, §602, Nov. 15, 1988, 102 Stat. 3887, as amended by Pub. L. 101-37, §22, June 15, 1989, 103 Stat. 75; Pub. L. 101-515, title V, §2, Nov. 5, 1990, 104 Stat. 2140; Pub. L. 101-574, title II, §205, Nov. 15, 1990, 104 Stat. 2819; Pub. L. 103-403, title VI, §608, Oct. 22, 1994, 108 Stat. 4204, provided that:"(a) COMPETITIVE THRESHOLDS.-Section 8(a)(1)(D) of the Small Business Act [15 U.S.C. 637(a)(1)(D)], as added by section 303 of this Act, shall not apply to Program Participants that are owned and controlled by economically disadvantaged Indian tribes, as defined pursuant to paragraphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and (13))."(b) JOINT VENTURES.-The Administration is authorized to award a contract pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) to a joint venture notwithstanding the size status of such joint venture if-"(1) a party to the joint venture is a Program Participant that is owned and controlled by an economically disadvantaged Indian tribe (as defined pursuant to paragraphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and (13)); and "(2) such Program Participant: "(A) owns 51 per centum or more of such joint venture; "(B) is located on the reservation or former reservation of such tribe as determined by the Secretary of the Interior of such tribe; "(C) performs most of its activities on such reservation, or such former reservation; and "(D) employs members of such tribe for at least 50 per centum of its total workforce."(c) LIMITATIONS.-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)."(d) SUNSET.-Subsection (b) shall cease to be effective after September 30, 1997." [ Section 602 of Pub. L. 100-656 effective Aug. 15, 1989, see section 803(b)(1)(D) of Pub. L. 100-656 as amended, set out as an Effective Date of 1988 Amendment note under section 631 of this title.]
GAO EVALUATION OF SERVICE CORPS OF RETIRED EXECUTIVES; REPORT Pub. L. 100-590, title I, §107, Nov. 3, 1988, 102 Stat. 2993, directed Comptroller General, not later than Dec. 1, 1989, to transmit a report to Small Business Committees of Senate and House of Representatives on functions being performed by volunteers in Service Corps of Retired Executives and Active Corps of Executives, including his evaluation of programs and including conclusions and recommendations concerning efficiency and cost effectiveness of such volunteers.
AUTHORIZATION OF APPROPRIATIONS FOR WOMEN-OWNED SMALL BUSINESS DEMONSTRATION PROJECTS Pub. L. 100-590, title I, §127(c), Nov. 3, 1988, 102 Stat. 3003, provided that: "There is authorized to be appropriated $10,000,000 to carry out the demonstration projects required pursuant to subsection (a) [amending this section]. The initial projects authorized to be financed by this section [amending this section and enacting provisions set out as notes under this section] shall be funded by January 31, 1989. Notwithstanding any other provision of law, the Small Business Administration may use such expedited acquisition methods as it deems appropriate to achieve the purposes of this subsection, except that it shall insure that all eligible sources are provided a reasonable opportunity to submit proposals."Similar provisions were contained in Pub. L. 100-533, title II, §203, Oct. 25, 1988, 102 Stat. 2692.
SPENDING AUTHORITY FOR CONTRACTS AUTHORIZED FOR WOMEN-OWNED SMALL BUSINESS DEMONSTRATION PROJECTS Pub. L. 100-590, title I, §127(e), Nov. 3, 1988, 102 Stat. 3003, provided that: "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."
RURAL AREA BUSINESS DEVELOPMENT PLANS Pub. L. 100-590, title I, §129, Nov. 3, 1988, 102 Stat. 3004, provided that: "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], the Administrator shall identify each Federal agency having 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 prime contractors, subcontractors and grant recipients to use small business concerns located 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."
BACKGROUND CHECK POLICY; FINGERPRINTING Pub. L. 100-590, title I, §132, Nov. 3, 1988, 102 Stat. 3005, provided that: "The Small Business Administration shall not require fingerprints to be obtained for background check purposes from any participant in any Administration program who is serving on a voluntary basis and without compensation unless the Administration has 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."
TIME FOR DESIGNATION OF AGENCY Pub. L. 99-567, §1(b), Oct. 27, 1986, 100 Stat. 3188, provided that: "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 SMALL BUSINESS CONCERNS; CONTENTS Pub. L. 98-362, §5(b), July 16, 1984, 98 Stat. 434, directed Small Business Administration, not later than Dec. 1, 1987, to report to Committees on Small Business of Senate and House of Representatives on impact of assistance provided in cooperation with profitmaking concerns pursuant to amendment made by section 5(a)(2) of the Small Business Computer Security and Education Act of 1984 [amending this section], including information on benefits provided to small business concerns assisted by Administration's cooperation with profitmaking concerns and any negative impact upon small businesses resulting from such cooperation with profitmaking concerns.
TENNESSEE VALLEY AUTHORITY; PROCUREMENT PROCEDURES UNDER 1983 AND 1984 AMENDMENTS APPLICABLE ONLY TO PROCUREMENTS PAID FROM APPROPRIATED FUNDS Pub. L. 98-577, title IV, §404(c), Oct. 30, 1984, 98 Stat. 3084, provided that: "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." Pub. L. 98-72, §1(b)(3), Aug. 11, 1983, 97 Stat. 405, provided that: "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."
ASIAN PACIFIC AMERICANS AS DISADVANTAGED MINORITY IN 1978 Pub. L. 96-302, title I, §118(c)(2), July 2, 1980, 94 Stat. 840, provided that the amendment of subsec. (d)(3)(C) by Pub. L. 96-302 including Asian Pacific Americans among the disadvantaged minorities, shall apply as if included in the amendment made by section 211 of Pub. L. 95-507 to subsec. (d) of this section.
BUSINESS PLANS; SUBMITTAL BY CONCERNS ELIGIBLE TO RECEIVE CONTRACTS Concerns eligible to receive contracts pursuant to subsec. (a) of this section required to submit business plans required under section 636(j)(10)(A)(i) of this title within certain time limits, provided that no determination made under this paragraph shall be considered a denial of total participation for the purposes of subsec. (a)(9) of this section, see section 106(b) of Pub. L. 96-481 set out as a note under section 636 of this title.
REPORTS TO CONGRESS; GENERAL ACCOUNTING OFFICE REPORT ON BUSINESS DEVELOPMENT; QUARTERLY REPORTS BY SMALL BUSINESS ADMINISTRATION TO CONGRESSIONAL COMMITTEES Pub. L. 95-507, title II, §202(b), Oct. 24, 1978, 92 Stat. 1763, as amended by Pub. L. 96-481, title I, §102, Oct. 21, 1980, 94 Stat. 2321, provided not later than Jan. 31, 1981, the General Accounting Office submit to Congress a report which, with respect to provisions of subsec. (a)(1)(B) and (2) of this section, evaluated the implementation of such provisions and whether such implementation furthered the purposes under section 631(e) of this title, and required the Small Business Administration and the agency designated pursuant to subsec. (a)(1)(B) of this section to submit separate quarterly reports to specific congressional committees, which reports were to contain a review and evaluation of all activities conducted pursuant to subsec. (a)(1)(B) during the previous three-month period, with the first such report submitted commencing on Jan. 2, 1981, for the preceding three-month period, and to continue quarterly through, and include, the quarter ending Sept. 30, 1981.
TERMINATION OF ADVISORY BOARDS AND COMMITTEES Advisory boards and committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board or committee established by the President or an officer of the Federal Government, such board or committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board or committee established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
DEFINITION Pub. L. 100-590, title I, §127(d), Nov. 3, 1988, 102 Stat. 3003, provided that: "For the purposes of this section [amending this section and enacting provisions set out as notes under this section], the term 'small business concern owned and controlled by women' means any small business concern-"(1) that is at least 51 per centum owned by one or more women; and "(2) whose management and daily business operations are controlled by one or more of such women." Similar provisions were contained in Pub. L. 100-533, title II, §204, Oct. 25, 1988, 102 Stat. 2692.
- Administration
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and
- Administrator
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and