Additional powers

It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— to make an award to a small business concern owned and controlled by socially and economically disadvantaged individuals which has completed its period of Program Participation as prescribed by section 636(j)(15) of this title, if— A contract opportunity offered for award pursuant to this subsection shall be awarded on the basis of competition restricted to eligible Program Participants if— Notwithstanding subsections (a), (b), and (e) of section 3131 of title 40, no small business concern shall be required to provide any amount of any bond as a condition of receiving any subcontract under this subsection if the Administrator determines that such amount is inappropriate for such concern in performing such contract: Provided, That the Administrator shall exercise the authority granted by the paragraph only if— For purposes of this section, the term “socially and economically disadvantaged small business concern” means any small business concern which meets the requirements of subparagraph (B) and— which is at least 51 per centum unconditionally owned by— in the case of any publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by— A small business concern meets the requirements of this subparagraph if the management and daily business operations of such small business concern are controlled by one or more— Each Program Participant shall annually submit to the Administration— If the Administration determines, pursuant to such review, that funds or other assets have been withdrawn to the detriment of the Program Participant’s business, the Administration shall— Whenever the Administration computes personal net worth for any purpose under this paragraph, it shall exclude from such computation— The actions referred to in subparagraph (A) are— The adjudicator selected to preside over a proceeding conducted under the authority of this paragraph shall decline to accept jurisdiction over any matter that— Each executive agency reporting to the Federal Procurement Data System contract actions with an aggregate value in excess of $50,000,000 in fiscal year 1988, or in any succeeding fiscal year, shall prepare a forecast of expected contract opportunities or classes of contract opportunities for the next and succeeding fiscal years that small business concerns, including those owned and controlled by socially and economically disadvantaged individuals, are capable of performing. Such forecast shall be periodically revised during such year. To the extent such information is available, the agency forecasts shall specify: The head of each executive agency subject to the provisions of subparagraph (C) shall within 10 days of completion furnish such forecasts to— For purposes of this subsection, the term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (within the meaning of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]) which— For purposes of this subsection, the term “Native Hawaiian Organization” means any community service organization serving Native Hawaiians in the State of Hawaii which— The Administration shall award sole source contracts under this section to any small business concern recommended by the procuring agency offering the contract opportunity if— To be in compliance with the requirements referred to in subparagraph (A), such a business concern shall— represent that it will supply the product of a domestic small business manufacturer or processor, unless a waiver of such requirement is granted— The activities and transactions prohibited by subparagraph (A) include— The employees referred to in clause (i) are— Small business concerns participating in the Program under section 636(j)(10) of this title and eligible to receive contracts pursuant to this section shall semiannually report to their assigned Business Opportunity Specialist the following: The Administrator may, on a nondelegable basis, waive the requirements of subparagraph (A) only if one of the following conditions exist: When, in order to raise equity capital, it is necessary for the disadvantaged owners of the concern to relinquish ownership of a majority of the voting stock of such concern, but only if— The Administrator may waive the requirements of subparagraph (A) if— It shall also be the duty of the Administration and it is empowered, whenever it determines such action is necessary— to provide— technical, managerial, and informational aids to small business concerns— by cooperating and advising with— 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— take such actions as it determines to be appropriate to ensure that— 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— To allow any individual or group of persons participating with it in furtherance of the purposes of subparagraphs (A) and (B) to use the Administration’s office facilities and related material and services as the Administration deems appropriate, including clerical and stenographic services: to make grants to, and enter into contracts and cooperative agreements with, educational institutions, private businesses, veterans’ nonprofit community-based organizations, and Federal, State, and local departments and agencies for the establishment and implementation of outreach programs for disabled veterans (as defined in section 4211(3) of title 38), veterans, and members of a reserve component of the Armed Forces, provided that— The clause stated in paragraph (3) shall be included in all contracts let by any Federal agency except any contract which— The clause required by paragraph (2) shall be as follows: As used in this contract, the term ‘small business concern’ shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ shall mean a small business concern— The term ‘small business concern owned and controlled by women’ shall mean a small business concern— The term ‘small business concern owned and controlled by veterans’ shall mean a small business concern— Before the award of any contract to be let, or any amendment or modification to any contract let, by any Federal agency which— Each agency shall ensure that the goals offered by the apparent successful bidder or offeror are attainable in relation to— The following factors shall be designated by the Federal agency as significant factors for purposes of evaluating offers for a bundled contract where the head of the agency determines that the contract offers a significant opportunity for subcontracting: Each solicitation of a bid for any contract to be let, or any amendment or modification to any contract let, by any Federal agency which— Each subcontracting plan required under paragraph (4) or (5) shall include— assurances that the offeror or bidder will include the clause required by paragraph (2) of this subsection in all subcontracts which offer further subcontracting opportunities, and that the offeror or bidder will require all subcontractors (except small business concerns) who receive subcontracts in excess of $1,000,000 in the case of a contract for the construction of any public facility, or in excess of $500,000 in the case of all other contracts, to adopt a plan similar to the plan required under paragraph (4) or (5), and assurances at a minimum that the offeror or bidder, and all subcontractors required to maintain subcontracting plans pursuant to this paragraph, will— a recitation of the types of records the successful offeror or bidder will maintain to demonstrate procedures which have been adopted to ensure subcontractors at all tiers comply with the requirements and goals set forth in the plan established in accordance with subparagraph (D) of this paragraph, including— a representation that the offeror or bidder will— The head of the contracting agency shall ensure that— The failure of any contractor or subcontractor to comply in good faith with— In the case of contracts within the provisions of paragraphs (4), (5), and (6), the Administration is authorized to— A contracting officer for a covered contract— Not later than 1 year after September 27, 2010, the Federal Acquisition Regulatory Council established under section 1302(a) of title 41 shall amend the Federal Acquisition Regulation issued under section 1303(a) of title 41 to— For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)— The head of each contracting agency shall ensure that the agency— Except as provided in subsection (g)— an executive agency intending to— an executive agency intending to solicit bids or proposals for a contract for property or services shall post, for a period of not less than ten days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (f)— A notice of solicitation required to be published under paragraph (1) may be published— Whenever an executive agency is required by paragraph (1)(A) to publish a notice of solicitation, such executive agency may not— in the case of a contract or order estimated to be greater than the simplified acquisition threshold, establish a deadline for the submission of all bids or proposals in response to the notice required by paragraph (1)(A) that— Each notice of solicitation required by subparagraph (A) or (B) of subsection (e)(1) shall include— provisions that— in the case of a contract in an amount estimated to be greater than $25,000 but not greater than the simplified acquisition threshold— A notice is not required under subsection (e)(1) if— the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by— the proposed procurement would result from acceptance of— An executive agency may not award a contract using procedures other than competitive procedures unless— except as provided in paragraph (2), a written justification for the use of such procedures has been approved— An executive agency shall make available to any business concern, or the authorized representative of such concern, the complete solicitation package for any on-going procurement announced pursuant to a notice under subsection (e). An executive agency may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of such package. For purposes of this section, the term “executive agency” has the meaning provided such term in section 133 of title 41. Notices of subcontracting opportunities may be submitted for publication on the appropriate Federal Web site (as determined by the Administrator) by— The notice of a subcontracting opportunity shall include— The Administration shall utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involving State or private sector partners, to provide business counseling and training to any small business concern adversely affected by the deployment of units of the Armed Forces of the United States in support of a period of military conflict. In this subsection, the term “period of military conflict” means— In this subsection, the following definitions apply: The term “contracting officer” has the meaning given such term in section 2101(1) of title 41. The term “small business concern owned and controlled by women” has the meaning given such term in section 632(n) of this title, except that ownership shall be determined without regard to any community property law. In accordance with this subsection, a contracting officer may restrict competition for any contract for the procurement of goods or services by the Federal Government to small business concerns owned and controlled by women, if— With respect to a small business concern owned and controlled by women, the Administrator may waive subparagraph (2)(A) if the Administrator determines that the concern is in an industry in which small business concerns owned and controlled by women are substantially underrepresented. The Administrator shall conduct a study to identify industries in which small business concerns owned and controlled by women are underrepresented with respect to Federal procurement contracting. In carrying out this subsection, the Administrator shall establish procedures relating to— The procedures established under subparagraph (A) may provide for program examinations (including random program examinations) by the Administrator of any small business concern making a certification or providing information to the Administrator under paragraph (2)(E). In addition to the penalties described in section 645(d) of this title, any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by women for purposes of this subsection, shall be subject to— Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out this subsection. A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women described in paragraph (2)(A) and certified under paragraph (2)(E) if— the anticipated award price of the contract (including options) will not exceed— A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women certified under paragraph (2)(E) that is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator under paragraph (3)) if— the anticipated award price of the contract (including options) will not exceed— In accordance with this subsection, the Administrator may make grants to and enter into cooperative agreements with any coalition of private entities, public entities, or any combination of private and public entities— Subject to subparagraph (B), the Administrator may make a grant to a coalition under paragraph (1) only if the coalition provides for activities described in paragraph (1)(A) or (1)(B) an amount, either in kind or in cash, equal to the grant amount. There is authorized to be appropriated to carry out this subsection $6,600,000, to remain available until expended, for each of fiscal years 2001 through 2006.