FINANCE

15 U.S. Code § 637 - Additional powers

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, 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 Section 35 of title 41 was subsequently repealed and restated as sections 6501(1) and 6502 of Title 41, Public Contracts, by Pub.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, 7(b),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.] afterJan. 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 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, 7(b),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,’ approvedAugust 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.

Amendments

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), effectiveSept. 30, 2003 . Amendment by Pub. L. 98–362, § 5(a)(2), previously repealed effectiveOct. 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) afterSeptember 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) afterSept. 30, 1988 , for provision that no such contract could be entered into prior toOct. 1, 1983 , nor afterSept. 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 afterSept. 30, 1988 , for provision that such authority could not be exercised prior toOct. 1, 1983 , nor afterSept. 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 effectiveOct. 1, 1994 , by Pub. L. 98–362, § 7(b), as amended, and effectiveSept. 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 effectiveSept. 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 toOct. 1, 1983 , nor afterSept. 30, 1985 , for provision that such contracts may not be entered into afterSept. 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 toOct. 1, 1983 , nor afterSept. 30, 1985 , for provision that par. (2) shall not apply afterSept. 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).

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 onSeptember 30, 2003 .”

[Repeal by section 401(a) of Pub. L. 103–403, set out as a note above, effectiveSept. 30, 1997 , was not executed to reflect the probable intent of Congress and subsequent amendment by Pub. L. 105–135, changing the effective date toSept. 30, 2000 . Similarly, repeal effectiveSept. 30, 2000 , was not executed because of subsequent amendment by Pub. L. 106–554, changing the effective date toSept. 30, 2003 .]

Amendment by section 5(a)(1), (2) of Pub. L. 98–362 effectiveOct. 1, 1984 , and amendment by section 5(a)(2) of Pub. L. 98–362 repealedOct. 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 afterMarch 31, 1985 .”

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, § 7103,Oct. 13, 1994 , 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, provided that:

Native American Organizations Exemptions

Pub. L. 109–289, div. A, title VIII, § 8018,Sept. 29, 2006 , 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, § 8020,Dec. 30, 2005 , 119 Stat. 2702.

Pub. L. 108–287, title VIII, § 8021,Aug. 5, 2004 , 118 Stat 975.

Pub. L. 108–87, title VIII, § 8021,Sept. 30, 2003 , 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:

[Section 602 of Pub. L. 100–656 effectiveAug. 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.]


Category: Small business

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