Notes on 15 U.S.C. § 637 : US Code - Notes

Search Notes on 15 U.S.C. § 637 : US Code - Notes

(Pub. L. 85-536, Sec. 2[8], July 18, 1958, 72 Stat. 389; Pub. L. 87-
305, Secs. 7, 8, Sept. 26, 1961, 75 Stat. 667, 668; Pub. L. 88-
560, title III, Sec. 305(c), Sept. 2, 1964, 78 Stat. 786; Pub. L.
89-754, title X, Sec. 1017, Nov. 3, 1966, 80 Stat. 1295; Pub. L. 90-
104, title I, Secs. 105-107, Oct. 11, 1967, 81 Stat. 268, 269;
Pub. L. 91-375, Sec. 6(g), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-
89, title V, Sec. 501, Aug. 4, 1977, 91 Stat. 561; Pub. L. 95-507,
title II, Secs. 202(a), 211, Oct. 24, 1978, 92 Stat. 1761, 1767;
Pub. L. 95-510, Sec. 101, Oct. 24, 1978, 92 Stat. 1780; Pub. L. 96-
302, title I, Sec. 118(b), July 2, 1980, 94 Stat. 840; Pub. L. 96-
481, title I, Secs. 101, 105, Oct. 21, 1980, 94 Stat. 2321, 2322;
Pub. L. 98-47, Secs. 1(a), 2, 3, July 13, 1983, 97 Stat. 243; Pub.
L. 98-72, Sec. 1(a), Aug. 11, 1983, 97 Stat. 403; Pub. L. 98-362,
Sec. 5(a), July 16, 1984, 98 Stat. 433; Pub. L. 98-577, title IV,
Secs. 401, 402, 404(a), Oct. 30, 1984, 98 Stat. 3079, 3082; Pub. L.
99-272, title XVIII, Sec. 18015(b)-(d), Apr. 7, 1986, 100 Stat.
370, 371; Pub. L. 99-500 Sec. 101(c) [title X, Secs. 921(b)(2),
(c)(1), 922(a), (d)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-
147, 1783-151, 1783-152, and Pub. L. 99-591, Sec. 101(c) [title X,
Secs. 921(b)(2), (c)(1), 922(a), (d)(1)], Oct. 30, 1986, 100 Stat.
3341-82, 3341-147, 3341-151, 3341-152; Pub. L. 99-567, Secs. 1(a),
2, 3, Oct. 27, 1986, 100 Stat. 3188; Pub. L. 99-661, div. A, title
IX, formerly title IV, Secs. 921(b)(2), (c)(1), 922(a), (d)(1),
Nov. 14, 1986, 100 Stat. 3927, 3930, 3932, renumbered title IX,
Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L.
100-26, Sec. 10(b)(3), Apr. 21, 1987, 101 Stat. 288; Pub. L. 100-
533, title II, Secs. 201, 202, Oct. 25, 1988, 102 Stat. 2690,
2692; Pub. L. 100-590, title I, Secs. 127(a), (b), 131(b), Nov. 3,
1988, 102 Stat. 3001, 3003, 3004; Pub. L. 100-656, title II, Secs.
201(b), 207(a), (c), 209, title III, Secs. 303(b)-(e), (g), (h),
304(a), title IV, Secs. 402-404, 407, 409, title V, Sec. 501, Nov.
15, 1988, 102 Stat. 3858, 3861, 3863, 3869, 3870, 3872-3874, 3876,
3878, 3880; Pub. L. 101-37, Secs. 6(b), (d), 7(b), 10(c), (e), 12-
14, 16, 17, June 15, 1989, 103 Stat. 72-74; Pub. L. 101-162, title
V, (3), Nov. 21, 1989, 103 Stat. 1025; Pub. L. 101-510, div. A,
title VIII, Sec. 806(e)(2), Nov. 5, 1990, 104 Stat. 1593; Pub. L.
101-574, title II, Secs. 204(b), 207, 210, 244, Nov. 15, 1990, 104
Stat. 2819-2821, 2827; Pub. L. 102-190, div. A, title VIII, Sec.
814(c), Dec. 5, 1991, 105 Stat. 1425; Pub. L. 102-191, Sec. 3, Dec.
5, 1991, 105 Stat. 1591; Pub. L. 102-366, title II, Sec. 232(a),
Sept. 4, 1992, 106 Stat. 1001; Pub. L. 102-564, title III, Secs.
303(a), 304, Oct. 28, 1992, 106 Stat. 4262; Pub. L. 103-355, title
I, Sec. 1055(b)(2), title IV, Secs. 4202(d), 4404(b), title VII,
Sec. 7106(b), Oct. 13, 1994, 108 Stat. 3265, 3345, 3349, 3375; Pub.
L. 103-403, title IV, Secs. 401(a)(1), 407, 415, Oct. 22, 1994, 108
Stat. 4190, 4192, 4198; Pub. L. 104-106, div. D, title XLIII, Sec.
4321(c)(1), (2), Feb. 10, 1996, 110 Stat. 674; Pub. L. 105-85, div.
A, title VIII, Sec. 850(e)(1), Nov. 18, 1997, 111 Stat. 1848; Pub.
L. 105-135, title IV, Secs. 415, 416(a), (c), title VI, Sec.
603(a), title VII, Sec. 708, Dec. 2, 1997, 111 Stat. 2619, 2620,
2631, 2637; Pub. L. 106-50, title III, Sec. 303(a), title V, Sec.
501, Aug. 17, 1999, 113 Stat. 243, 247; Pub. L. 106-398, Sec. 1
[[div. A], title VIII, Sec. 810(c)], Oct. 30, 2000, 114 Stat. 1654,
1654A-209; Pub. L. 106-554, Sec. 1(a)(8) [Sec. 2], Sec. 1(a)(9)
[title V, Sec. 504(a), title VI, Sec. 615(b), title VIII, Secs.
803, 807, 809, 811], Dec. 21, 2000, 114 Stat. 2763, 2763A-666,
2763A-695, 2763A-701, 2763A-702, 2763A-706, 2763A-708; Pub. L. 108-
447, div. K, title I, Secs. 132(b), (c), 141(a), 144, Dec. 8,
2004, 118 Stat. 3453, 3455.)
AMENDMENT OF SECTION
For termination of amendment by section 132(c) of Pub. L. 108-
447, see Termination Date of 2004 Amendment note below.
REFERENCES IN TEXT
The 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, as amended, which is classified principally
to chapter 14B (Sec. 661 et seq.) of this title. Title IV of the
Small Business Investment Act of 1958 is classified generally to
subchapter IV-A (Sec. 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, as
amended, which is classified generally to chapter 33 (Sec. 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, Sec. 7201(1), Oct. 13, 1994, 108 Stat.
3378. Section 43b of Title 41 now provides for determination of
"regular dealer" by Secretary of Labor.
The Walsh-Healey Public Contracts Act, referred to in subsec.
(a)(17)(B)(iii), probably means act June 30, 1936, ch. 881, 49
Stat. 2036, as amended, known as the Walsh-Healey Act, which is
classified generally to sections 35 to 45 of Title 41, Public
Contracts. For complete classification of this Act to the Code, see
Short Title note set out under section 35 of Title 41 and Tables.
See also section 262 of Title 29, Labor.
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, as amended, which is
classified generally to chapter 38 (Sec. 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, as amended. Title IV of the Act is classified generally to
chapter 97 (Sec. 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 and 8 of the Small Business Act, referred to in
subsec. (d)(3)(C), (E)(ii), (G), are classified to sections 632 and
637, respectively, of this title.
The Contract Disputes Act of 1978, referred to in subsec.
(d)(4)(F)(ii), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as
amended, which is classified principally to chapter 9 (Sec. 601 et
seq.) of Title 41, Public Contracts. For complete classification of
this Act to the Code, see Short Title note set out under section
601 of Title 41 and Tables.
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, Sec.
1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no
longer contains a par. (3). See section 414(c)(1) of Title 41,
Public Contracts.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (h)(1)(B), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title III of the Act is classified generally
to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts. For complete classification of this Act to the
Code, see Tables.
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, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.
PRIOR PROVISIONS
Prior 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,
Secs. 2, 5, 7, 69 Stat. 547, 550; Feb. 2, 1956, ch. 29, Secs. 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.
AMENDMENTS
2004 - Subsec. (b)(1)(A). Pub. L. 108-447, Sec. 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. Prior to amendment, cl. (ii)
read as follows: "through cooperation with a profit-making concern
(referred to in this paragraph as a 'cosponsor'), training,
information, and education to small business concerns, except that
the Administration shall -
"(I) take such actions as it determines to be appropriate to
ensure that -
"(aa) the Administration receives appropriate recognition and
publicity;
"(bb) the cooperation does not constitute or imply an
endorsement by the Administration of any product or service of
the cosponsor;
"(cc) unnecessary promotion of the products or services of
the cosponsor is avoided; and
"(dd) utilization of any one cosponsor in a marketing area is
minimized; and
"(II) develop an agreement, executed on behalf of the
Administration by an employee of the Administration in
Washington, the District of Columbia, that provides, at a
minimum, that -
"(aa) any printed material to announce the cosponsorship or
to be distributed at the cosponsored activity, shall be
approved in advance by the Administration;
"(bb) the terms and conditions of the cooperation shall be
specified;
"(cc) only minimal charges may be imposed on any small
business concern to cover the direct costs of providing the
assistance;
"(dd) the Administration may provide to the cosponsorship
mailing labels, but not lists of names and addresses of small
business concerns compiled by the Administration;
"(ee) all printed materials containing the names of both the
Administration and the cosponsor shall include a prominent
disclaimer that the cooperation does not constitute or imply an
endorsement by the Administration of any product or service of
the cosponsor; and
"(ff) the Administration shall ensure that it receives
appropriate recognition in all cosponsorship printed
materials."
See Termination Date of 2004 Amendment note below.
Subsec. (b)(1)(B). Pub. L. 108-447, Sec. 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, Sec. 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, Sec. 1(a)(9) [title
VIII, Sec. 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, Sec. 1(a)(9) [title V, Sec.
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, Sec. 1(a)(9) [title VIII,
Sec. 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, Sec. 1(a)(9) [title VIII, Sec.
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, Sec. 1(a)(9) [title VIII,
Sec. 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, Sec. 1(a)(9) [title VIII,
Sec. 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, Sec. 1(a)(9) [title VIII,
Sec. 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, Sec. 1(a)(9) [title VI, Sec. 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,
Sec. 1(a)(9) [title VIII, Sec. 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, Sec. 1 [[div. A], title VIII,
Sec. 810(c)(1)], substituted "publish" for "furnish for publication
by the Secretary of Commerce" in concluding provisions.
Subsec. (e)(2). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
Sec. 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, Sec. 1 [[div. A], title VIII,
Sec. 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, Sec. 1(a)(9) [title VIII, Sec.
811], added subsec. (m).
Subsec. (n). Pub. L. 106-554, Sec. 1(a)(8) [Sec. 2], added
subsec. (n).
1999 - Subsec. (d)(1). Pub. L. 106-50, Sec. 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, Sec. 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, Sec. 501(b)(2), added subpar.
(E). Former subpar. (E) redesignated (F).
Subsec. (d)(3)(F). Pub. L. 106-50, Sec. 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, Sec. 501(b)(2), redesignated
subpar. (F) as (G).
Subsec. (d)(4)(D), (E), (6)(A), (C), (F), (10)(B). Pub. L. 106-
50, Sec. 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, Sec. 303(a), added subsec. (l).
1997 - Subsec. (b)(16). Pub. L. 105-135, Sec. 708(3), struck out
the par. (16) added by Pub. L. 100-590, Sec. 127(b). See 1988
Amendment note below.
Subsec. (b)(17). Pub. L. 105-135, Sec. 708, added par. (17).
Subsec. (d)(1). Pub. L. 105-135, Sec. 603(a)(1)(B), inserted
"qualified HUBZone small business concerns," after "small business
concerns," in second sentence.
Pub. L. 105-135, Sec. 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,
Sec. 4321(c)(1)(A). See 1996 Amendment note below.
Subsec. (d)(3)(A). Pub. L. 105-135, Sec. 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, Sec. 603(a)(2)(B), added
subpar. (F).
Subsec. (d)(4)(E). Pub. L. 105-135, Sec. 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, Sec. 415, added subpar. (G).
Subsec. (d)(6). Pub. L. 105-135, Sec. 603(a)(4), inserted
"qualified HUBZone small business concerns," after "small business
concerns," wherever appearing.
Subsec. (d)(10)(B). Pub. L. 105-135, Sec. 603(a)(5), inserted
"qualified HUBZone small business concerns," after "small business
concerns,".
Subsec. (e)(1)(C). Pub. L. 105-135, Sec. 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, Sec. 416(a), added subsec. (k).
1996 - Subsec. (d)(1). Pub. L. 104-106, Sec. 4321(c)(1)(A),
substituted "that small business concerns," for "that small
business concerns,,".
Subsec. (d)(6)(C). Pub. L. 104-106, Sec. 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, Sec. 4321(c)(2), inserted "and"
at end.
1994 - Subsec. (b)(1)(A). Pub. L. 103-403, Sec. 407, inserted
"including information on the benefits and risks of franchising,"
after "small-business enterprises," in first sentence.
Pub. L. 103-403, Sec. 401(a)(1), repealed amendments made by Pub.
L. 98-362, Sec. 5(a), effective Sept. 30, 2003. Amendment by Pub.
L. 98-362, Sec. 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, Sec. 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, Sec. 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, Sec. 4404(b), substituted
"simplified acquisition threshold" for "small purchase threshold".
Subsec. (d)(3)(A). Pub. L. 103-355, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 4202(d)(1)(A), substituted
"$25,000" for "the small purchase threshold" wherever appearing.
Subsec. (e)(3)(B). Pub. L. 103-355, Sec. 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, Sec. 4202(d)(2), added par. (6).
Subsec. (g)(1)(A) to (E). Pub. L. 103-355, Sec. 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, Sec. 4202(d)(3)(A),
redesignated subpar. (D) as (F). Former subpar. (F) redesignated
(H).
Pub. L. 103-355, Sec. 1055(b)(2), added subpar. (F).
Subsec. (g)(1)(G), (H). Pub. L. 103-355, Sec. 4202(d)(3)(A),
redesignated subpars. (E) and (F) as (G) and (H), respectively.
1992 - Subsec. (a). Pub. L. 102-366, Sec. 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, Sec. 304, added
subpar. (E) and redesignated former subpars. (E) and (F) as (F) and
(G), respectively.
Subsec. (c). Pub. L. 102-366, Sec. 232(a)(7), designated subsec.
(c) as reserved. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 102-366, Sec. 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, Sec. 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, Sec. 232(a)(6),
redesignated subsecs. (d) to (f) as (e) to (g), respectively.
Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 102-366, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 207(4), added subpar.
(C). Former subpar. (C) redesignated (B).
Subsec. (a)(4)(A)(i)(II), (ii)(II). Pub. L. 101-574, Sec. 204(b),
inserted "(or a wholly owned business entity of such tribe)" after
"tribe".
Subsec. (a)(17)(B)(iv). Pub. L. 101-574, Sec. 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, Sec. 806(e)(2)(A),
substituted "the small purchase threshold" for "$10,000".
Subsec. (e)(1)(A). Pub. L. 101-510, Sec. 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, Sec. 806(e)(2)(B)(i),
substituted "the small purchase threshold" for "$25,000" wherever
appearing.
Subsec. (g)(1). Pub. L. 101-574, Sec. 244, substituted
"subsection (e)(1)" for "subsection (a)(1)".
1989 - Subsec. (a)(1)(D)(i). Pub. L. 101-37, Sec. 10(c),
substituted "Program Participants" for "program participants".
Subsec. (a)(4)(A)(i). Pub. L. 101-37, Sec. 6(d)(1), inserted
"unconditionally" after "per centum".
Subsec. (a)(4)(A)(ii). Pub. L. 101-37, Sec. 6(d)(2), inserted
"unconditionally" after "which is".
Subsec. (a)(6)(C). Pub. L. 101-37, Sec. 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, Sec. 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, Sec. 6(b), substituted
"Organization" for "organizations".
Subsec. (a)(17)(B)(ii) to (iv). Pub. L. 101-37, Sec. 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, Sec. 12, struck out
"certified" before "during such person's term".
Subsec. (a)(19)(B). Pub. L. 101-37, Sec. 13, struck out ",
imposed by the Administrator," after "disciplinary action".
Subsec. (a)(20)(A). Pub. L. 101-37, Sec. 14, substituted
"Business Opportunity Specialist" for "business opportunity
specialist".
Subsec. (a)(21). Pub. L. 101-37, Sec. 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, Sec. 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, Sec. 303(b), added subpar.
(D).
Subsec. (a)(3). Pub. L. 100-656, Sec. 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, Sec. 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, Sec. 209(b), added subpar.
(C).
Subsec. (a)(6). Pub. L. 100-656, Sec. 209(a), designated existing
provisions as subpar. (A) and added subpars. (B) to (E).
Subsec. (a)(7). Pub. L. 100-656, Sec. 303(g), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(9). Pub. L. 100-656, Sec. 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, Sec. 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, Sec. 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, Sec. 207(a), added par. (15).
Subsec. (a)(16). Pub. L. 100-656, Sec. 303(c), added par. (16).
Subsec. (a)(17). Pub. L. 100-656, Sec. 303(h), added par. (17).
Subsec. (a)(18). Pub. L. 100-656, Sec. 402, added par. (18).
Subsec. (a)(19). Pub. L. 100-656, Sec. 403, added par. (19).
Subsec. (a)(20). Pub. L. 100-656, Sec. 404, added par. (20).
Subsec. (a)(21). Pub. L. 100-656, Sec. 407, added par. (21).
Subsec. (b)(1)(A). Pub. L. 100-590, Sec. 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, Sec. 202, and Pub. L. 100-590,
Sec. 127(b), made identical amendments adding par. (16).
Subsec. (c). Pub. L. 100-590, Sec. 127(a), amended subsec. (c)
generally, inserting provisions substantially identical to
provisions contained in prior general amendment by Pub. L. 100-533,
Sec. 201.
Pub. L. 100-533, Sec. 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, Sec. 304(a), added subpar.
(F).
1987 - Subsec. (a)(14)(B), (C). Pub. L. 100-26, Sec. 10(b)(3),
substituted "section 644(o)" for "section 644(n)".
1986 - Subsec. (a)(1). Pub. L. 99-567, Sec. 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, Sec. 101(c)
[Sec. 921(b)(2)], Pub. L. 99-661, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 18015(d), added par. (13).
Subsec. (a)(14). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
[Sec. 921(c)(1)], Pub. L. 99-661, Sec. 921(c)(1), amended subsec.
(a) identically, adding par. (14).
Subsec. (e)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
[Sec. 921(a)], Pub. L. 99-661, Sec. 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) of this section" for "subsection
(b) of this section", adding subpar. (B), and redesignating former
subpar. (B) as (C).
Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
922(d)], Pub. L. 99-661, Sec. 922(d), amended subsec. (f)
identically, substituting "subparagraph (A) or (B) of subsection
(e)(1) of this section" for "subsection (e)(1)(A) of this section"
in provisions preceding par. (1).
1984 - Subsec. (b)(1)(A). Pub. L. 98-362, Sec. 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, Sec. 7(b), as amended, and effective Sept. 30,
2003, by Pub. L. 103-403, Sec. 401(a), as amended. See Effective
and Termination Dates of 1984 Amendments notes below.
Pub. L. 98-362, Sec. 5(a)(1), which inserted "computer security,"
after "wage incentives,", was repealed effective Sept. 30, 2003, by
Pub. L. 103-403, Sec. 401(a), as amended. See Effective and
Termination Dates of 1984 Amendments note below.
Subsec. (b)(7)(C). Pub. L. 98-577, Sec. 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, Sec. 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, Sec. 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".
Subsec. (e). Pub. L. 98-577, Sec. 404(a), added subsec. (e).
Former subsec. (e), which related to notice and publication of
procurement actions, exceptions, departmental procedures, contents
of notice, sole source contracts and unsolicited proposals, was
struck out.
Subsecs. (f) to (j). Pub. L. 98-577 added subsecs. (f) to (j).
1983 - Subsec. (a)(1). Pub. L. 98-47, Sec. 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, Sec. 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, Sec. 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, Sec. 101, substituted
"September 30, 1981" for "September 30, 1980".
Subsec. (a)(8). Pub. L. 96-481, Sec. 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, Sec. 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, Sec. 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, Sec. 105, designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(13). Pub. L. 90-104, Sec. 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, Sec. 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, Sec. 7, added subsec. (d).
Subsec. (e). Pub. L. 87-305, Sec. 8, added subsec. (e).
TERMINATION DATE OF 2004 AMENDMENT
Amendment by section 132(b) of Pub. L. 108-447 repealed Oct. 1,
2006, see section 132(c) Pub. L. 108-447, set out as a note under
section 633 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 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.
Amendment by Pub. L. 105-85 effective 180 days after Nov. 18,
1997, see section 850(g) of Pub. L. 105-85, set out as a note under
section 2302c of Title 10, Armed Forces.
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 251 of Title 41, Public Contracts.
EFFECTIVE DATE OF 1994 AMENDMENT
For 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 251 of Title 41, Public Contracts.
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, Sec. 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
Section 401(a) of Pub. L. 103-403, as amended by Pub. L. 105-135,
title V, Sec. 504, Dec. 2, 1997, 111 Stat. 2624; Pub. L. 106-554,
Sec. 1(a)(9) [title V, Sec. 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.
Section 404(b) of Pub. L. 98-577 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
Section 1(b)(1), (2) of Pub. L. 98-72 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."
Section 1(b) of Pub. L. 98-47 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.
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, such individuals or groups
of persons, in providing technical and managerial aids to small
concerns, remaining subject to direction of Small Business
Administration, see section 601 of Pub. L. 93-113, 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.
REGULATIONS
Pub. L. 108-447, div. K, title I, Sec. 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, Sec. 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."
ENHANCED PUBLICITY DURING OPERATION ALLIED FORCE
Pub. L. 106-50, Sec. 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
Section 416(b) of Pub. L. 105-135 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
Section 850(e)(3) of Pub. L. 105-85 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
Section 406 of Pub. L. 103-403 provided that:
"(a) Establishment. - The Administrator of the Small Business
Administration may establish and carry out in each of fiscal years
1995, 1996, and 1997 a mobile resource pilot program (hereafter in
this section referred to as the 'program') in accordance with the
requirements of this section.
"(b) Mobile Resource Center Vehicles. - Under the program, the
Administration may use mobile resource center vehicles to provide
technical assistance, information, and other services available
from the Small Business Administration to traditionally underserved
populations. Two of such vehicles should be utilized in rural areas
and 2 of such vehicles should be utilized in urban areas.
"(c) Report to Congress. - If the Administrator conducts the
program authorized in this section, the Administrator shall, not
later than December 31, 1996, transmit to the Congress a report
containing the results of such program, together with
recommendations for appropriate legislative and administrative
action.
"(d) Authorization of Appropriations. - There are authorized to
be appropriated to carry out this section $900,000 for each of
fiscal years 1995, 1996, and 1997, such sums to remain available
until expended. Of such sums -
"(1) $800,000 may be made available for the purchase or lease
of mobile resource center vehicles and operating expenses; and
"(2) $100,000 may be made available for studies, startup
expenses, and other administrative expenses."
PROJECTS FUNDED PURSUANT TO FORMER PROVISIONS
Section 3 of Pub. L. 102-191 provided 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
Section 203 of Pub. L. 101-574 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 RATES
References 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, Sec. 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 GOALS
For 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 2323a
of Title 10, Armed Forces.
TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS
SUBCONTRACTING PLANS
Section 402 of Pub. L. 101-574 provided that: "To facilitate
participation in the test program for the negotiation of
comprehensive small business subcontracting plans pursuant to
section 834 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1510) [set out
below], subsection (d) of such section is hereby suspended for the
period of the test program as specified in subsection (e) of such
section."
Pub. L. 101-189, div. A, title VIII, Sec. 834, Nov. 29, 1989, 103
Stat. 1509, as amended by Pub. L. 102-484, div. A, title VIII, Sec.
805, Oct. 23, 1992, 106 Stat. 2447; Pub. L. 103-355, title VII,
Sec. 7103, Oct. 13, 1994, 108 Stat. 3368; Pub. L. 104-106, div. A,
title VIII, Sec. 811, Feb. 10, 1996, 110 Stat. 394; Pub. L. 105-85,
div. A, title VIII, Sec. 822, Nov. 18, 1997, 111 Stat. 1840; Pub.
L. 106-65, div. A, title VIII, Sec. 817, Oct. 5, 1999, 113 Stat.
712; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(1)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-293; Pub. L. 108-375, div. A,
title VIII, Sec. 843, Oct. 28, 2004, 118 Stat. 2019, 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 small business concerns and small business concerns
owned and controlled by socially and economically disadvantaged
individuals. 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
(3).
"(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) 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 $5,000,000.
"(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 Company-
wide Subcontracting Plan. - 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 company-wide
plan and the goals specified in that plan.
"(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 September 30, 2010.
"(f) Report. - (1) Not later than March 1, 1994, the Secretary of
Defense shall submit a report on the results of the test program to
the Committees on Armed Services and on Small Business of the
Senate and the House of Representatives [Committee on Small
Business of Senate now Committee on Small Business and
Entrepreneurship of Senate].
"(2) Before submitting such report to the committees referred to
in paragraph (1), the Secretary shall transmit the proposed report
to the Administrator of the Small Business Administration. The
report submitted to the committees shall include any comments and
recommendations relating to the report that are transmitted to the
Secretary by the Administrator before the date specified in such
paragraph.
"(g) Definitions. - As used in this section:
"(1) The term 'small business concern' shall have the same
meaning as is provided in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)), and includes a small
business concern owned and controlled by socially and
economically disadvantaged individuals.
"(2) The term 'small business concern owned and controlled by
socially and economically disadvantaged individuals' shall have
the same meaning as is provided in section 8(d)(3)(C) of the
Small Business Act (15 U.S.C. 637(d)(3)(C))."
CONTRACT OPTIONS AND MODIFICATIONS
Section 303(f) of Pub. L. 100-656, as amended by Pub. L. 101-37,
Sec. 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
Section 304(b) of Pub. L. 100-656 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 (41
U.S.C. 418b)."
[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. 109-148, div. A, title VIII, Sec. 8020, Dec. 30, 2005,
119 Stat. 2702, 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. 108-287, title VIII, Sec. 8021, Aug. 5, 2004, 118 Stat
975.
Pub. L. 108-87, title VIII, Sec. 8021, Sept. 30, 2003, 117 Stat
1076.
Section 602 of Pub. L. 100-656, as amended by Pub. L. 101-37,
Sec. 22, June 15, 1989, 103 Stat. 75; Pub. L. 101-515, title V,
Sec. 2, Nov. 5, 1990, 104 Stat. 2140; Pub. L. 101-574, title II,
Sec. 205, Nov. 15, 1990, 104 Stat. 2819; Pub. L. 103-403, title VI,
Sec. 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
Section 107 of Pub. L. 100-590 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
Section 127(c) of Pub. L. 100-590 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,
Sec. 203, Oct. 25, 1988, 102 Stat. 2692.
SPENDING AUTHORITY FOR CONTRACTS AUTHORIZED FOR WOMEN-OWNED SMALL
BUSINESS DEMONSTRATION PROJECTS
Section 127(e) of Pub. L. 100-590 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
Section 129 of Pub. L. 100-590 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
Section 132 of Pub. L. 100-590 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
Section 1(b) of Pub. L. 99-567 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
Section 5(b) of Pub. L. 98-362 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
Section 404(c) of Pub. L. 98-577 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."
Section 1(b)(3) of Pub. L. 98-72 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
Section 118(c)(2) of Pub. L. 96-302 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
Section 202(b) of Pub. L. 95-507, as amended by Pub. L. 96-481,
title I, Sec. 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 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
DEFINITION
Section 127(d) of Pub. L. 100-590 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,
Sec. 204, Oct. 25, 1988, 102 Stat. 2692.
(!1) See References in Text note below.
(!2) So in original. Probably should be "proscribed".
(!3) So in original. Probably should be "solicited".
(!4) See References in Text note below.
(!5) See References in Text note below.