The Small Business Investment Act of 1958, referred to in subsecs. (a)(2)(C), (21)(D), and (b)(13), is Pub. L. 85–699,
The Alaska Native Claims Settlement Act, referred to in subsec. (a)(13), is Pub. L. 92–203,
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),
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,
The Women’s Business Ownership Act of 1988, referred to in subsec. (b)(1)(G), is Pub. L. 100–533,
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
Sections 3, 8, and 31 of the Small Business Act, referred to in subsec. (d)(3)(C), (E)(ii), (G), (H), are classified to sections 632, 637, and 657a, respectively, of this title.
The General Schedule, referred to in subsec. (h)(1)(A)(ii), is set out under section 5332 of Title 5.
Section 414 of title 41, referred to in subsec. (h)(1)(A)(iii), was amended generally by Pub. L. 108–136, div. A, title XIV, § 1421(a)(1),
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
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),
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),
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),
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),
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),
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),
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),
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),
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, §§ 2, 5, 7, 69 Stat. 547, 550; Feb. 2, 1956, ch. 29, §§ 2, 3, 70 Stat. 10, which were previously classified to this section and sections 636, 639, 641, and 645 of this title. See Codification note set out under section 631 of this title.
2023—Subsec. (d)(13)(B)(i). Pub. L. 118–31, § 862(a)(1), substituted “30 days” for “90 days”.
Subsec. (d)(13)(C). Pub. L. 118–31, § 862(a)(2), inserted dash after “contract” and cl. (i) designation before “shall” and added cl. (ii).
Subsec. (d)(13)(D). Pub. L. 118–31, § 862(a)(3), substituted “subparagraph (F)” for “subparagraph (E)”.
Subsec. (d)(13)(E), (F). Pub. L. 118–31, § 862(a)(4), (5), added subpar. (E) and redesignated former subpar. (E) as (F).
2022—Subsec. (d)(12). Pub. L. 117–263 substituted “the Mentor-Protege Program established under section 4902 of title 10” for “the pilot Mentor-Protege Program established pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2301 note)” and “subsection (f)” for “subsection (g)”.
2021—Subsec. (a)(1)(D)(i)(II). Pub. L. 116–283, § 864(1)(A), substituted “$7,000,000” for “$5,000,000”.
Subsec. (d)(17). Pub. L. 116–283, § 868(b), amended par. (17) generally. Prior to amendment, par. (17) related to pilot program providing past performance ratings for other small business subcontractors.
Subsec. (g)(2). Pub. L. 117–81, § 1702(e)(2)(A), substituted “section 3204(a)” for “section 2304(c)”.
Subsec. (h)(1)(B). Pub. L. 117–81, § 1702(e)(2)(B)(i), substituted “sections 3201 through 3205” for “chapter 137”.
Subsec. (h)(2). Pub. L. 117–81, § 1702(e)(2)(B)(ii), substituted “paragraphs (3) and (4) of section 3204(e)” for “section 2304(f)(2)” and “section 3204(e)(1)” for “section 2304(f)(1)”.
Subsec. (m)(7)(B)(i). Pub. L. 116–283, § 864(1)(B)(i), substituted “$7,000,000” for “$6,500,000”.
Subsec. (m)(8)(B)(i). Pub. L. 116–283, § 864(1)(B)(ii), substituted “$7,000,000” for “$6,500,000”.
2019—Subsec. (d)(6)(G) to (I). Pub. L. 116–92, § 870(b), added subpar. (G), redesignated former subpars. (G) and (H) as (H) and (I), respectively, and realigned margins.
Subsec. (d)(16). Pub. L. 116–92, § 870(a), amended par. (16) generally. Prior to amendment, par. (16) related to credit for certain subcontractors.
Subsec. (l). Pub. L. 116–92, § 877(d), designated existing provisions as par. (1) and inserted heading, struck out “(as defined in section 636(n)(1) of this title)” before period at end, and added par. (2).
2017—Subsec. (d)(3)(G). Pub. L. 115–91, § 1701(a)(4)(C), substituted “section 31(b)” for “section 3(p) of the Small Business Act”.
Subsec. (d)(17)(A). Pub. L. 115–91, § 1706(b), substituted “paragraph (13)(A)” for “paragraph 13(A)”.
Subsec. (d)(17)(G)(i). Pub. L. 115–91, § 1706(a)(1)(A), inserted “and, set forth separately, the number of small business exporters,” after “small business concerns”.
Subsec. (d)(17)(G)(ii). Pub. L. 115–91, § 1706(a)(1)(B), inserted “, set forth separately by applications from small business concerns and from small business exporters,” after “applications”.
Subsec. (d)(17)(H). Pub. L. 115–91, § 1706(a)(2), amended subpar. (H) generally. Prior to amendment, text read as follows: “In this paragraph, the term ‘appropriate official’ means—
“(i) a commercial market representative;
“(ii) another individual designated by the senior official appointed by the Administrator with responsibilities under sections 637, 644, 657a, and 657f of this title; or
“(iii) the Office of Small and Disadvantaged Business Utilization of a Federal agency, if the head of the Federal agency and the Administrator agree.”
2016—Subsec. (d)(3)(H). Pub. L. 114–328, § 1832(c), added subpar. (H).
Subsec. (d)(9). Pub. L. 114–328, § 1821(a), inserted par. heading, added subpar. (C), and realigned margins.
Subsec. (d)(17). Pub. L. 114–328, § 1822, added par. (17).
2015—Subsec. (a)(17)(A). Pub. L. 114–92, § 864(a)(1), substituted “any procurement contract, which contract has as its principal purpose the supply of a product to be let pursuant to this subsection, subsection (m), section 644(a) of this title, section 657a of this title, or section 657f of this title,” for “any procurement contract for the supply of a product to be let pursuant to this subsection or subsection (a) of section 644 of this title”.
Subsec. (a)(17)(C). Pub. L. 114–92, § 864(a)(2), added subpar. (C).
2014—Subsec. (m)(2)(E). Pub. L. 113–291, § 825(a)(1), amended subpar. (E) generally. Prior to amendment, text read as follows: “each of the concerns—
“(i) is certified by a Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or
“(ii) certifies to the contracting officer that it is a small business concern owned and controlled by women and provides adequate documentation, in accordance with standards established by the Administration, to support such certification.”
Subsec. (m)(5). Pub. L. 113–291, § 825(a)(2), substituted “paragraph (2)(E)” for “paragraph (2)(F)” wherever appearing.
Subsec. (m)(7), (8). Pub. L. 113–291, § 825(a)(3), added pars. (7) and (8).
2013—Subsec. (a)(14). Pub. L. 112–239, § 1696(b)(2), added par. (14) and struck out former par. (14) which read as follows:
“(A) A concern may not be awarded a contract under this subsection as a small business concern unless the concern agrees that—
“(i) in the case of a contract for services (except construction), at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern; and
“(ii) in the case of a contract for procurement of supplies (other than procurement from a regular dealer in such supplies), the concern will perform work for at least 50 percent of the cost of manufacturing the supplies (not including the cost of materials).
“(B) The Administrator may change the percentage under clause (i) or (ii) of subparagraph (A) if the Administrator determines that such change is necessary to reflect conventional industry practices among business concerns that are below the numerical size standard for businesses in that industry category. A percentage established under the preceding sentence may not differ from a percentage established under section 644(o) of this title.
“(C) The Administration shall establish, through public rulemaking, requirements similar to those specified in subparagraph (A) to be applicable to contracts for general and specialty construction and to contracts for any other industry category not otherwise subject to the requirements of such subparagraph. The percentage applicable to any such requirement shall be determined in accordance with subparagraph (B), except that such a percentage may not differ from a percentage established under section 644(o) of this title for the same industry category.”
Subsec. (d)(6)(D). Pub. L. 113–66, § 1614(a)(1), substituted “, and assurances at a minimum that the offeror or bidder, and all subcontractors required to maintain subcontracting plans pursuant to this paragraph, will—” for semicolon at end and added cls. (i) to (vi).
Subsec. (d)(6)(G), (H). Pub. L. 113–66, § 1614(a)(2), (3), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (d)(7), (8). Pub. L. 112–239, § 1653(a)(1), (2), added par. (7) and redesignated former par. (7) as (8). Former par. (8) redesignated (9).
Subsec. (d)(9). Pub. L. 112–239, § 1653(a)(3), substituted “shall be a material breach of such contract or subcontract and may be considered in any past performance evaluation of the contractor” for “shall be a material breach of such contract or subcontract” in concluding provisions.
Pub. L. 112–239, § 1653(a)(1), redesignated par. (8) as (9). Former par. (9) redesignated (10).
Subsec. (d)(10). Pub. L. 112–239, § 1653(a)(1), redesignated par. (9) as (10). Former par. (10) redesignated (11).
Subsec. (d)(11). Pub. L. 112–239, § 1653(a)(1), redesignated par. (10) as (11). Former par. (11) redesignated (12).
Subsec. (d)(11)(C). Pub. L. 112–239, § 1653(a)(4), substituted “as a supplement to evaluations performed by the contracting agency, either on a contract-by-contract basis or, in the case of contractors” for “, either on a contract-by-contract basis, or in the case contractors”.
Subsec. (d)(12), (13). Pub. L. 112–239, § 1653(a)(1), redesignated pars. (11) and (12) as (12) and (13), respectively.
Subsec. (d)(14), (15). Pub. L. 112–239, § 1653(a)(5), added pars. (14) and (15).
Subsec. (d)(16). Pub. L. 113–66, § 1614(a)(4), added par. (16).
Subsec. (k)(1). Pub. L. 112–239, § 1654, substituted “on the appropriate Federal Web site (as determined by the Administrator)” for “in the Commerce Business Daily”.
Subsec. (m)(2)(D) to (F). Pub. L. 112–239, § 1697(a), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “the anticipated award price of the contract (including options) does not exceed—
“(i) $5,000,000, in the case of a contract assigned an industrial classification code for manufacturing; or
“(ii) $3,000,000, in the case of all other contracts;”.
2010—Subsec. (d)(6)(G). Pub. L. 111–240, § 1322, added subpar. (G).
Subsec. (d)(12). Pub. L. 111–240, § 1334, added par. (12).
2004—Subsec. (b)(1)(A). Pub. L. 108–447, § 132(b), (c), temporarily struck out cl. (ii), substituted “to provide technical, managerial, and informational aids to small business concerns—” for “to provide—
“(i) technical, managerial, and informational aids to small business concerns—”,
redesignated subcls. (I) to (IV) of former cl. (i) as cls. (i) to (iv), respectively, substituted a period for “; and” at end of cl. (iv), and redesignated items (aa) and (bb) of former subcl. (II) as subcls. (I) and (II), respectively.
Subsec. (b)(1)(B). Pub. L. 108–447, § 141(a), substituted “purposes of subparagraph (A). To facilitate” for “purposes of subparagraph (A); and to facilitate”, “shall maintain at its headquarters and pay the salaries, benefits, and expenses of a volunteer and professional staff to manage and oversee the program. Any” for “may maintain at its headquarters and pay the expenses of a team of volunteers subject to such conditions and limitations as the Administration deems appropriate: Provided, That any”, and “and the management of the contributions received.” for period at end.
Subsec. (b)(17). Pub. L. 108–447, § 144, inserted before period at end “, veterans, and members of a reserve component of the Armed Forces”.
2000—Subsec. (a)(15)(A). Pub. L. 106–554, § 1(a)(9) [title VIII, § 807], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is a not-for-profit organization chartered by the State of Hawaii,”.
Subsec. (b)(1)(A). Pub. L. 106–554, § 1(a)(9) [title V, § 504(a)], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “to provide technical and managerial aids to small-business concerns, by advising and counseling on matters in connection with Government procurement and property disposal and on policies, principles, and practices of good management, including but not limited to cost accounting, methods of financing, business insurance, accident control, wage incentives, computer security, and methods engineering, by cooperating and advising with voluntary business, professional, educational, and other nonprofit organizations, associations, and institutions and with other Federal and State agencies, by maintaining a clearinghouse for information concerning the managing, financing, and operation of small-business enterprises, including information on the benefits and risks of franchising, by disseminating such information, and by such other activities as are deemed appropriate by the Administration; and In the case of cosponsored activities which include the participation of a Federal, State, or local public official or agency, the Administration shall take such actions as it deems necessary to ensure that the cooperation does not constitute or imply an endorsement by the Administration of or give undue recognition to the public official or agency, and the Administration shall ensure that it receives appropriate recognition in all cosponsored printed materials, whether the participant is a profit making concern or a governmental agency or public official.”
Subsec. (b)(1)(B). Pub. L. 106–554, § 1(a)(9) [title VIII, § 809], inserted at end “Notwithstanding any other provision of law, SCORE may solicit cash and in-kind contributions from the private sector to be used to carry out its functions under this chapter, and may use payments made by the Administration pursuant to this subparagraph for such solicitation.”
Subsec. (d)(1). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(1)], inserted “small business concerns owned and controlled by veterans,” after “small business concerns,” the first place appearing in the first and second sentences.
Subsec. (d)(3)(A). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(2)(A)], inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns owned and controlled by veterans,” in two places.
Subsec. (d)(3)(F). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(2)(B)], inserted “small business concern owned and controlled by service-disabled veterans,” after “small business concern owned and controlled by veterans,”.
Subsec. (d)(4)(D). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(3)], inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns owned and controlled by veterans,”.
Pub. L. 106–554, § 1(a)(9) [title VI, § 615(b)], inserted “qualified HUBZone small business concerns,” after “small business concerns,”.
Subsec. (d)(4)(E), (6)(A), (C), (F), (10)(B). Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(3)], inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns owned and controlled by veterans,”.
Subsec. (e)(1)(A). Pub. L. 106–398, § 1 [[div. A], title VIII, § 810(c)(1)], substituted “publish” for “furnish for publication by the Secretary of Commerce” in concluding provisions.
Subsec. (e)(2). Pub. L. 106–398, § 1 [[div. A], title VIII, § 810(c)(2)], added par. (2) and struck out former par. (2) which read as follows: “The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1).”
Subsec. (e)(3). Pub. L. 106–398, § 1 [[div. A], title VIII, § 810(c)(3)], substituted “publish a notice of solicitation” for “furnish a notice to the Secretary of Commerce” in introductory provisions and struck out “by the Secretary of Commerce” after “notice is published” in subpar. (A).
Subsec. (m). Pub. L. 106–554, § 1(a)(9) [title VIII, § 811], added subsec. (m).
Subsec. (n). Pub. L. 106–554, § 1(a)(8) [§ 2], added subsec. (n).
1999—Subsec. (d)(1). Pub. L. 106–50, § 501(a), inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns,” in two places.
Subsec. (d)(3)(A). Pub. L. 106–50, § 501(b)(1), inserted “small business concerns owned and controlled by veterans,” after “small business concerns,” in two places.
Subsec. (d)(3)(E). Pub. L. 106–50, § 501(b)(2), added subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (d)(3)(F). Pub. L. 106–50, § 501(b)(2), (3), redesignated subpar. (E) as (F) and inserted “small business concern owned and controlled by veterans,” after “small business concern,”. Former subpar. (F) redesignated (G).
Subsec. (d)(3)(G). Pub. L. 106–50, § 501(b)(2), redesignated subpar. (F) as (G).
Subsec. (d)(4)(D), (E), (6)(A), (C), (F), (10)(B). Pub. L. 106–50, § 501(c), inserted “small business concerns owned and controlled by veterans,” after “small business concerns,” the first place appearing.
Subsec. (l). Pub. L. 106–50, § 303(a), added subsec. (l).
1997—Subsec. (b)(16). Pub. L. 105–135, § 708(3), struck out the par. (16) added by Pub. L. 100–590, § 127(b). See 1988 Amendment note below.
Subsec. (b)(17). Pub. L. 105–135, § 708, added par. (17).
Subsec. (d)(1). Pub. L. 105–135, § 603(a)(1)(B), inserted “qualified HUBZone small business concerns,” after “small business concerns,” in second sentence.
Pub. L. 105–135, § 603(a)(1)(A), which directed substitution of “, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals” for “,, small business concerns owned and controlled by socially and economically disadvantaged individuals” in first sentence, was executed by making the substitution for “, small business concerns owned and controlled by socially and economically disadvantaged individuals” to reflect the probable intent of Congress and the amendment by Pub. L. 104–106, § 4321(c)(1)(A). See 1996 Amendment note below.
Subsec. (d)(3)(A). Pub. L. 105–135, § 603(a)(2)(A), inserted “qualified HUBZone small business concerns,” after “small business concerns,” in two places.
Subsec. (d)(3)(F). Pub. L. 105–135, § 603(a)(2)(B), added subpar. (F).
Subsec. (d)(4)(E). Pub. L. 105–135, § 603(a)(3), substituted “small business concerns, qualified HUBZone small business concerns, and” for “small business concerns and” after “opportunities for”.
Subsec. (d)(4)(G). Pub. L. 105–135, § 415, added subpar. (G).
Subsec. (d)(6). Pub. L. 105–135, § 603(a)(4), inserted “qualified HUBZone small business concerns,” after “small business concerns,” wherever appearing.
Subsec. (d)(10)(B). Pub. L. 105–135, § 603(a)(5), inserted “qualified HUBZone small business concerns,” after “small business concerns,”.
Subsec. (e)(1)(C). Pub. L. 105–135, § 416(c), substituted “$100,000” for “$25,000” in two places.
Subsec. (g)(1). Pub. L. 105–85 added subpar. (A), redesignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpars. (A) and (B) which read as follows:
“(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be made through a system with interim FACNET capability certified pursuant to section 426a(a)(1) of title 41 or with full FACNET capability certified pursuant to section 426a(a)(2) of title 41;
“(B)(i) the proposed procurement is for an amount not greater than $250,000 and is to be made through a system with full FACNET capability certified pursuant to section 426a(a)(2) of title 41; and
“(ii) a certification has been made pursuant to section 426a(b) title 41 that Government-wide FACNET capability has been implemented;”.
Subsec. (k). Pub. L. 105–135, § 416(a), added subsec. (k).
1996—Subsec. (d)(1). Pub. L. 104–106, § 4321(c)(1)(A), substituted “that small business concerns,” for “that small business concerns,,”.
Subsec. (d)(6)(C). Pub. L. 104–106, § 4321(c)(1)(B), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by the socially and economically disadvantaged individuals”.
Subsec. (f)(5). Pub. L. 104–106, § 4321(c)(2), inserted “and” at end.
1994—Subsec. (b)(1)(A). Pub. L. 103–403, § 407, inserted “including information on the benefits and risks of franchising,” after “small-business enterprises,” in first sentence.
Pub. L. 103–403, § 401(a)(1), repealed amendments made by Pub. L. 98–362, § 5(a), effective
Subsec. (b)(1)(G). Pub. L. 103–403, § 415, substituted “this chapter and to carry out the activities authorized by title IV of the Women’s Business Ownership Act of 1988” for “this paragraph”.
Subsec. (d)(1). Pub. L. 103–355, § 7106(b)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals” in two places.
Subsec. (d)(2)(A). Pub. L. 103–355, § 4404(b), substituted “simplified acquisition threshold” for “small purchase threshold”.
Subsec. (d)(3)(A). Pub. L. 103–355, § 7106(b)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals” in two places.
Subsec. (d)(3)(D), (E). Pub. L. 103–355, § 7106(b)(2), (3), added subpars. (D) and (E) and struck out former subpar. (D) which read as follows: “ ‘Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.’ ”
Subsec. (d)(4)(D). Pub. L. 103–355, § 7106(b)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”.
Subsec. (d)(4)(E). Pub. L. 103–355, § 7106(b)(4), inserted “and for small business concerns owned and controlled by women” after “(3) of this subsection”.
Subsec. (d)(6)(A). Pub. L. 103–355, § 7106(b)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”.
Subsec. (d)(6)(C). Pub. L. 103–355, § 7106(b)(1), which directed that subpar. (C) be amended by substituting “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”, could not be executed because the words “and small business concerns owned and controlled by socially and economically disadvantaged individuals” did not appear in subpar. (C).
Subsec. (d)(6)(F), (10)(B). Pub. L. 103–355, § 7106(b)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”.
Subsec. (e)(1). Pub. L. 103–355, § 4202(d)(1)(A), substituted “$25,000” for “the small purchase threshold” wherever appearing.
Subsec. (e)(3)(B). Pub. L. 103–355, § 4202(d)(1)(B), inserted “in the case of a contract or order estimated to be greater than the simplified acquisition threshold,” after “(B)”.
Subsec. (f)(6). Pub. L. 103–355, § 4202(d)(2), added par. (6).
Subsec. (g)(1)(A) to (E). Pub. L. 103–355, § 4202(d)(3)(A), (B), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as (C) to (E), respectively. Former subpars. (D) and (E) redesignated (F) and (G), respectively.
Subsec. (g)(1)(F). Pub. L. 103–355, § 4202(d)(3)(A), redesignated subpar. (D) as (F). Former subpar. (F) redesignated (H).
Pub. L. 103–355, § 1055(b)(2), added subpar. (F).
Subsec. (g)(1)(G), (H). Pub. L. 103–355, § 4202(d)(3)(A), redesignated subpars. (E) and (F) as (G) and (H), respectively.
1992—Subsec. (a). Pub. L. 102–366, § 232(a)(1)–(5), substituted semicolon for period at end of par. (1)(B), “; and” for period at end of par. (1)(C), “to subparagraph (A)” for “to (A)” in par. (6)(C)(i), “636(j)(10)(G)” for “636(j)(10)(H)” in par. (6)(C)(ii), and “to subparagraph (D)” for “to (D)” in par. (12)(E).
Subsec. (b)(1)(E) to (G). Pub. L. 102–564, § 304, added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.
Subsec. (c). Pub. L. 102–366, § 232(a)(7), designated subsec. (c) as reserved. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 102–366, § 232(a)(6), (8), redesignated subsec. (c) as (d) and substituted “imposition” for “impositon” in par. (4)(F)(ii). Former subsec. (d) redesignated (e).
Subsec. (d)(11), (12). Pub. L. 102–564, § 303(a), redesignated par. (12) as (11) and struck out former par. (11) which read as follows: “At the conclusion of each fiscal year, the Administration shall submit to the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives a report on subcontracting plans found acceptable by any Federal agency which the Administration determines do not contain maximum practicable opportunities for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of contracts described in this subsection.”
Subsecs. (e) to (g). Pub. L. 102–366, § 232(a)(6), redesignated subsecs. (d) to (f) as (e) to (g), respectively. Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 102–366, § 232(a)(6), (9), redesignated subsec. (g) as (h) and substituted “Administrative” for “Administration” in par. (2). Former subsec. (h) redesignated (i).
Subsecs. (i), (j). Pub. L. 102–366, § 232(a)(6), redesignated subsecs. (h) and (i) as (i) and (j), respectively.
1991—Subsec. (c). Pub. L. 102–191 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to management and technical assistance for small businesses owned by women. See section 656 of this title.
Subsec. (d). Pub. L. 102–191 redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (d)(12). Pub. L. 102–190 added par. (12).
Subsecs. (e) to (j). Pub. L. 102–191, which directed the redesignation of subsecs. (e) to (j) as (d) to (k), was executed by redesignating subsecs. (e) to (j) as (d) to (i), respectively, to reflect the probable intent of Congress.
1990—Subsec. (a)(1). Pub. L. 101–574, § 207(2), struck out after subpar. (C) “No contract may be entered into under subparagraph (B) after
Subsec. (a)(1)(B). Pub. L. 101–574, § 207(1), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “to enter into contracts with such agency as shall be designated by the President, to furnish articles, equipment, supplies, services, or materials, or to perform construction work for such agency. In any case in which the Administration certifies to any officer of such agency having procurement powers that the Administration is competent and responsible to perform any specific procurement contract to be let by any such officer, such officer shall let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. If the Administration and such procurement officer fail to agree on such terms and conditions, either the Administration or such officer shall promptly notify, in writing, the head of such agency. The head of such agency shall have five days (exclusive of Saturdays, Sundays, and legal holidays) to establish the terms and conditions upon which such procurement contract may be let to the Administration, and shall communicate in writing to the Administration the terms and conditions so established. Within five days (exclusive of Saturdays, Sundays, and legal holidays) after the receipt of such written communication, the Administration shall decide whether to perform such procurement contract or withdraw its prior certification that the Administration is competent and responsible to perform such contract; and”.
Subsec. (a)(1)(C). Pub. L. 101–574, § 207(4), added subpar. (C). Former subpar. (C) redesignated (B).
Subsec. (a)(4)(A)(i)(II), (ii)(II). Pub. L. 101–574, § 204(b), inserted “(or a wholly owned business entity of such tribe)” after “tribe”.
Subsec. (a)(17)(B)(iv). Pub. L. 101–574, § 210, amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “represent that it will supply the product of a domestic small business manufacturer or processor, except that, the Administrator may waive the application of the clause, as it pertains to the furnishing of a product manufactured or processed by a small business, for any class of products for which there are no small business manufacturers or processors in the Federal market.”
Subsec. (d)(2)(A). Pub. L. 101–510, § 806(e)(2)(A), substituted “the small purchase threshold” for “$10,000”.
Subsec. (e)(1)(A). Pub. L. 101–510, § 806(e)(2)(B), inserted “or” at end of subcl. (i), substituted a comma for “; or” at end of subcl. (ii), substituted “the small purchase threshold” for “$25,000” in subcls. (i) and (ii), and struck out subcl. (iii) which read as follows: “solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, if there is not a reasonable expectation that at least two offers will be received from responsive and responsible offerors,”.
Subsec. (e)(1)(B), (C). Pub. L. 101–510, § 806(e)(2)(B)(i), substituted “the small purchase threshold” for “$25,000” wherever appearing.
Subsec. (g)(1). Pub. L. 101–574, § 244, substituted “subsection (e)(1)” for “subsection (a)(1)”.
1989—Subsec. (a)(1)(D)(i). Pub. L. 101–37, § 10(c), substituted “Program Participants” for “program participants”.
Subsec. (a)(4)(A)(i). Pub. L. 101–37, § 6(d)(1), inserted “unconditionally” after “per centum”.
Subsec. (a)(4)(A)(ii). Pub. L. 101–37, § 6(d)(2), inserted “unconditionally” after “which is”.
Subsec. (a)(6)(C). Pub. L. 101–37, § 7(b), which directed substitution of “636(j)(10)(G)” for “636(j)(10)(H)” in cl. (iii), could not be executed because there was no cl. (iii). See 1992 Amendment note above.
Subsec. (a)(9). Pub. L. 101–37, § 17, substituted “Administration” for “Administrator” in subpar. (A), “section 636(j)(10)(G) of this title” for “section 636(j)(10)(H) of this title” in subpar. (B)(iii), and “Administration’s” for “Administrator’s” in subpar. (C).
Subsec. (a)(15). Pub. L. 101–37, § 6(b), substituted “Organization” for “organizations”.
Subsec. (a)(17)(B)(ii) to (iv). Pub. L. 101–37, § 10(e), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (a)(18)(A). Pub. L. 101–37, § 12, struck out “certified” before “during such person’s term”.
Subsec. (a)(19)(B). Pub. L. 101–37, § 13, struck out “, imposed by the Administrator,” after “disciplinary action”.
Subsec. (a)(20)(A). Pub. L. 101–37, § 14, substituted “Business Opportunity Specialist” for “business opportunity specialist”.
Subsec. (a)(21). Pub. L. 101–37, § 16, in subpar. (B) struck out discretionary authority of the Administrator and preconditions respecting request prior to relinquishment of ownership or control in introductory provisions, added subpar. (C), and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
Subsec. (b)(1)(A). Pub. L. 101–162 amended last sentence generally, substituting “the Administration shall ensure that it receives appropriate recognition in all cosponsored printed materials, whether the participant is a profit making concern or a governmental agency or public official” for “that the Administration is given primary recognition in all cosponsored printed materials, whether the participant is a profit-making concern or a governmental agency or official”.
1988—Subsec. (a)(1)(A). Pub. L. 100–656, § 303(d), inserted provisions authorizing Administration appeal from procurement officer’s adverse decisions and providing for decision by the Secretary or agency head on the appeal.
Subsec. (a)(1)(D). Pub. L. 100–656, § 303(b), added subpar. (D).
Subsec. (a)(3). Pub. L. 100–656, § 303(e), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Any small business concern selected by the Administration to perform any Federal Government procurement contract to be let pursuant to this subsection shall, when practicable, participate in any negotiation of the terms and conditions of such contract.”
Subsec. (a)(4). Pub. L. 100–656, § 207(c), amended par. (4) generally, in subpar. (A)(i) adding subcl. (III), in subpar. (A)(ii) adding subcl. (III), and in subpar. (B) adding cl. (iii).
Subsec. (a)(4)(C). Pub. L. 100–656, § 209(b), added subpar. (C).
Subsec. (a)(6). Pub. L. 100–656, § 209(a), designated existing provisions as subpar. (A) and added subpars. (B) to (E).
Subsec. (a)(7). Pub. L. 100–656, § 303(g), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(9). Pub. L. 100–656, § 409, amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Within ninety days after the effective date of this paragraph, the Administration shall publish in the Federal Register rules setting forth those conditions or circumstances pursuant to which a firm previously deemed eligible by the Administration may be denied assistance under the provisions of this subsection: Provided, That no such firm shall be denied total participation in any program conducted under the authority of this subsection without first being afforded a hearing on the record in accordance with chapter 5 of title 5.”
Subsec. (a)(10). Pub. L. 100–656, § 201(b), inserted sentence at end requiring such program to make a sustained and substantial effort to solicit applications for certification from small business concerns located in areas of concentrated unemployment or underemployment.
Subsec. (a)(12). Pub. L. 100–656, § 501, amended par. (12) generally. Prior to amendment, par. (12) read as follows: “To the maximum extent practicable the Associate Administrator for Minority Small Business and Capital Ownership Development shall submit, no less frequently than annually, a yearly estimate of the dollar amounts and types of contracts required for the efficient use of any program conducted under the authority of this subsection, to each agency which may participate in such program.”
Subsec. (a)(15). Pub. L. 100–656, § 207(a), added par. (15).
Subsec. (a)(16). Pub. L. 100–656, § 303(c), added par. (16).
Subsec. (a)(17). Pub. L. 100–656, § 303(h), added par. (17).
Subsec. (a)(18). Pub. L. 100–656, § 402, added par. (18).
Subsec. (a)(19). Pub. L. 100–656, § 403, added par. (19).
Subsec. (a)(20). Pub. L. 100–656, § 404, added par. (20).
Subsec. (a)(21). Pub. L. 100–656, § 407, added par. (21).
Subsec. (b)(1)(A). Pub. L. 100–590, § 131(b), inserted “that any Administration program participating in such cosponsored activities receives appropriate recognition and publicity, and” in provisions preceding cl. (i), inserted “, executed on behalf of the agency by an employee of the agency in Washington, District of Columbia, and who shall also approve, in advance, any printed materials to be distributed at the conference,” in cl. (1), and inserted provisions at end which authorized Administration, in case of cosponsored activities, to ensure that cooperation does not constitute endorsement or give undue recognition to public official or agency, and that Administration is given primary recognition in all cosponsored printed materials.
Subsec. (b)(16). Pub. L. 100–533, § 202, and Pub. L. 100–590, § 127(b), made identical amendments adding par. (16).
Subsec. (c). Pub. L. 100–590, § 127(a), amended subsec. (c) generally, inserting provisions substantially identical to provisions contained in prior general amendment by Pub. L. 100–533, § 201.
Pub. L. 100–533, § 201, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Administration shall from time to time make studies of matters materially affecting the competitive strength of small business, and of the effect on small business of Federal laws, programs, and regulations, and shall make recommendations to the appropriate Federal agency or agencies for the adjustment of such programs and regulations to the needs of small business.”
Subsec. (d)(4)(F). Pub. L. 100–656, § 304(a), added subpar. (F).
1987—Subsec. (a)(14)(B), (C). Pub. L. 100–26, § 10(b)(3), substituted “section 644(o)” for “section 644(n)”.
1986—Subsec. (a)(1). Pub. L. 99–567, § 2, substituted provision that no contract may be entered into under subpar. (B) after
Subsec. (a)(1)(A). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 921(b)(2)], Pub. L. 99–661, § 921(b)(2), amended subpar. (A) identically, inserting provision that a contract not be awarded if the award would result in a cost to the awarding agency which exceeds a fair market price.
Subsec. (a)(1)(B). Pub. L. 99–567, § 1(a), struck out “(other than the Department of Defense or any component thereof)” after “contracts with such agency”.
Subsec. (a)(2). Pub. L. 99–567, § 3, substituted provision that the authority to waive bonds as provided in par. (2) may not be exercised after
Subsec. (a)(4). Pub. L. 99–272, § 18015(b), in amending par. (4) generally, included economically disadvantaged Indian tribe within definition of “socially and economically disadvantaged small business concern”.
Subsec. (a)(6). Pub. L. 99–272, § 18015(c), inserted provision enumerating factors to be considered by the Administration in determining the economic disadvantage of an Indian tribe.
Subsec. (a)(13). Pub. L. 99–272, § 18015(d), added par. (13).
Subsec. (a)(14). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 921(c)(1)], Pub. L. 99–661, § 921(c)(1), amended subsec. (a) identically, adding par. (14).
Subsec. (e)(1). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 921(a)], Pub. L. 99–661, § 921(a), amended par. (1) identically, in subpar. (A) substituting “$25,000” for “$10,000” in cls. (i) and (ii), adding cl. (iii), and in provision following cl. (iii) substituting “subsection (f)” for “subsection (b)”, adding subpar. (B), and redesignating former subpar. (B) as (C).
Subsec. (f). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 922(d)], Pub. L. 99–661, § 922(d), amended subsec. (f) identically, substituting “subparagraph (A) or (B) of subsection (e)(1)” for “subsection (e)(1)(A)” in provisions preceding par. (1).
1984—Subsec. (b)(1)(A). Pub. L. 98–362, § 5(a)(2), which inserted provisions at end of subpar. (A) relating to providing of assistance through cooperation of cosponsors, and provisions respecting activities of the Administration related to furnishing of assistance by cosponsors, was repealed effective
Pub. L. 98–362, § 5(a)(1), which inserted “computer security,” after “wage incentives,”, was repealed effective
Subsec. (b)(7)(C). Pub. L. 98–577, § 401, inserted “Notwithstanding the first sentence of this subparagraph, the Administration may not establish an exemption from referral or notification or refuse to accept a referral or notification from a Government procurement officer made pursuant to subparagraph (A) or (B) of this paragraph, but nothing in this paragraph shall require the processing of an application for certification if the small business concern to which the referral pertains declines to have the application processed.”
Subsec. (d)(1). Pub. L. 98–577, § 402(a), inserted “, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals”.
Subsec. (d)(3)(A). Pub. L. 98–577, § 402(b), inserted “, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals”.
Subsecs. (e) to (j). Pub. L. 98–577, § 404(a), added subsecs. (e) to (j) and struck out former subsec. (e) which related to notice and publication of procurement actions, exceptions, departmental procedures, contents of notice, sole source contracts and unsolicited proposals.
1983—Subsec. (a)(1). Pub. L. 98–47, § 2, substituted provision that no contract may be entered into under subpar. (B) prior to
Subsec. (a)(1)(B). Pub. L. 98–47, § 1(a), substituted “(other than the Department of Defense or any component thereof) as shall be designated by the President” for “, as shall be designated by the President within 60 days after the effective date of this paragraph”.
Subsec. (a)(2). Pub. L. 98–47, § 3, substituted provision that the authority to waive bonds as provided in par. (2) may not be exercised prior to
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 “
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).
Amendment by section 1701(a)(4)(C) of Pub. L. 115–91 effective
Amendment by section 1832(c) of Pub. L. 114–328 effective on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue implementing regulations [regulations effective
Amendment by section 132(b) of Pub. L. 108–447 repealed
Pub. L. 106–398, § 1 [[div. A], title VIII, § 810(e)],
Amendment by Pub. L. 105–135 effective
Pub. L. 105–85, div. A, title VIII, § 850(g), “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section, former sections 2302c and 2304 of Title 10, Armed Forces, section 1501 of former Title 40, Public Buildings, Property, and Works, and sections 252c, 253, 416, 426, and 427 of Title 41, Public Contracts, repealing section 426a of Title 41, amending provisions set out as a note under section 413 of Title 41, and repealing provisions set out as a note under section 426a of Title 41] shall take effect 180 days after the date of the enactment of this Act [“(2) The repeal made by subsection (c) of this section [repealing provisions set out as a note under section 426a of Title 41] shall take effect on the date of the enactment of this Act.”
For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of Title 10, Armed Forces.
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 8752 of Title 10, Armed Forces.
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.
Amendment by sections 207(a), (c) and 303(d), (e) of Pub. L. 100–656 effective
Amendment by sections 201(b), 303(c), (g), (h), 304(a), 402–404, and 409 of Pub. L. 100–656 effective
Amendment by section 407 of Pub. L. 100–656 effective with respect to contracts entered into on or after
Amendment by sections 209 and 303(b) of Pub. L. 100–656 effective
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 [
Amendment by section 101(c) [title X, § 921(b)(2), (c)(1)] of Pub. L. 99–500 and Pub. L. 99–591, and section 921(b)(2), (c)(1) of Pub. L. 99–661 effective
Pub. L. 103–403, title IV, § 401(a), “(1) 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) Paragraph (1) shall take effect on
[Repeal by section 401(a) of Pub. L. 103–403, set out as a note above, effective
Amendment by section 5(a)(1), (2) of Pub. L. 98–362 effective
Pub. L. 98–577, title IV, § 404(b),
Pub. L. 98–72, § 1(b)(1), (2), “(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 [“(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
Pub. L. 98–47, § 1(b),
Amendment by Pub. L. 96–302 effective
Amendment by Pub. L. 95–510 effective
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.
Pub. L. 118–31, div. A, title VIII, § 862(b),
Pub. L. 116–283, div. A, title VIII, § 868(c),
Pub. L. 108–447, div. K, title I, § 141(b),
Pub. L. 106–50, § 303(c),
Transfer to Director of ACTION [now Corporation for National and Community Service] of functions of Small Business Administration under subsec. (b) of this section insofar as they relate to individuals or groups of persons cooperating with it in the furtherance of purposes of this section, except that such individuals or groups of persons, in providing technical and managerial aids to small concerns, remain subject to direction of Small Business Administration. See section 601 of Pub. L. 93–113, 87 Stat. 416, formerly set out as a note under section 5041 of Title 42, The Public Health and Welfare, which superseded section 2(a)(3) of Reorg. Plan No. 1 of 1971, eff.
Pub. L. 116–283, div. A, title VIII, § 869, “(a) The Administrator of the Small Business Administration shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637[a]) on or before “(b) Not later than 15 days after the date of enactment of this section [
Pub. L. 116–260, div. N, title III, § 330, “(a) The Administrator shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on or before “(b) Not later than 15 days after the date of enactment of this Act [
[For definitions of “Administrator” and “small business concern” as used in section 330 of div. N of Pub. L. 116–260, set out above, see section 302 of div. N of Pub. L. 116–260, set out as a note under section 9001 of this title.]
Pub. L. 114–328, div. A, title XVIII, § 1821(c),
Pub. L. 111–240, title I, § 1321,
[For definitions of “Administrator” and “small business concern” as used in section 1321 of Pub. L. 111–240, set out above, see section 1001 of Pub. L. 111–240, set out as a note under section 632 of this title.]
Pub. L. 111–240, title I, § 1347(a), (b), “(a) In this section—“(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively; and“(2) the terms ‘HUBZone small business concern’, ‘small business concern’, ‘small business concern owned and controlled by service-disabled veterans’, and ‘small business concern owned and controlled by women’ have the same meanings as in section 3 of the Small Business Act (15 U.S.C. 632).“(b) “(3) The Administrator may establish mentor-protege programs for small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by women, and HUBZone small business concerns modeled on the mentor-protege program of the Administration for small business concerns participating in programs under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).”
Pub. L. 110–186, title I, § 105, “(a) The Administrator [of the Small Business Administration] shall use the authority in section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) to ensure that the number of Veterans Business Outreach Centers throughout the United States increases—“(1) subject to subsection (b), by at least 2, for each of fiscal years 2008 and 2009; and“(2) by the number that the Administrator considers appropriate, based on need, for each fiscal year thereafter.“(b) Subsection (a)(1) shall apply in a fiscal year if, for that fiscal year, the amount made available for the Office of Veterans Business Development is more than the amount made available for the Office of Veterans Business Development for fiscal year 2007.”
Pub. L. 106–50, § 303(b),
Pub. L. 105–135, title IV, § 416(b),
Pub. L. 105–85, div. A, title VIII, § 850(e)(3),
Pub. L. 103–403, title IV, § 406,
Pub. L. 102–191, § 3,
Pub. L. 101–574, title II, § 203, “(a) 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) (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 laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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 3902 of Title 10, Armed Forces.
Pub. L. 101–574, title IV, § 402,
Pub. L. 101–189, div. A, title VIII, § 834, “(a) (1) The Secretary of Defense shall establish a test program under which contracting activities in the military departments and the Defense Agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under Department of Defense contracts for covered small business concerns. In selecting the contracting activities to undertake demonstration projects, the Secretary shall take such action as is necessary to ensure that a broad range of the supplies and services acquired by the Department of Defense are included in the test program.“(2) In developing the test program, the Secretary of Defense shall—“(A) consult with the Administrator of the Small Business Administration; and“(B) provide an opportunity for public comment on the test program.“(b) (1) In a demonstration project under the test program, the Secretary of a military department or head of a Defense Agency shall negotiate, monitor, and enforce compliance with a comprehensive subcontracting plan with a Department of Defense contractor described in paragraph (4).“(2) The comprehensive subcontracting plan of a contractor—“(A) shall apply to the entire business organization of the contractor or to one or more of the contractor’s divisions or operating elements, as specified in the subcontracting plan; and“(B) shall cover each Department of Defense contract that is entered into by the contractor and each subcontract that is entered into by the contractor as the subcontractor under a Department of Defense contract.“(3) Each comprehensive subcontracting plan of a contractor shall require that the contractor report to the Secretary of Defense on a semi-annual basis the following information:“(A) The amount of first-tier subcontract dollars awarded during the six-month period covered by the report to covered small business concerns, with the information set forth separately—“(i) by North American Industrial Classification System code;“(ii) by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code [now 10 U.S.C. 4201];“(iii) by contract, if the contract is for the maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment and the total value of the contract, including options, exceeds $100,000,000; and“(iv) by military department.“(B) The total number of subcontracts active under the test program during the six-month period covered by the report that would have otherwise required a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).“(C) Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans.“(D) Costs avoided by adoption of a comprehensive subcontracting plan.“(4) A Department of Defense contractor referred to in paragraph (1) is, with respect to a comprehensive subcontracting plan negotiated in any fiscal year, a business concern that, during the immediately preceding fiscal year, furnished the Department of Defense with supplies or services (including professional services, research and development services, and construction services) pursuant to at least three Department of Defense contracts having an aggregate value of at least $100,000,000.“(c) 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) (1) A contractor that has negotiated a comprehensive subcontracting plan under the test program shall be subject to section 8(d)(4)(F) of the Small Business Act (15 U.S.C. 637(d)(4)(F)) regarding the assessment of liquidated damages for failure to make a good faith effort to comply with its comprehensive subcontracting plan and the goals specified in that plan. In addition, any such failure shall be a factor considered as part of the evaluation of past performance of an offeror.“(2) Effective in fiscal year 2016 and each fiscal year thereafter in which the test program is in effect, the Secretary of Defense shall report to Congress on any negotiated comprehensive subcontracting plan that the Secretary determines did not meet the subcontracting goals negotiated in the plan for the prior fiscal year.“(e) The test program authorized by subsection (a) shall begin on “(f) Not later than “(g) In this section, the term ‘covered small business concern’ includes each of the following:“(1) A small business concern, as that term is defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).“(2) A small business concern owned and controlled by veterans, as that term is defined in section 3(q)(3) of such Act (15 U.S.C. 632(q)(3)).“(3) A small business concern owned and controlled by service-disabled veterans, as that term is defined in section 3(q)(2) of such Act (15 U.S.C. 632(q)(2)).“(4) A qualified HUBZone small business concern, as that term is defined under section 31(b) of such Act [15 U.S.C. 657a(b)].“(5) A small business concern owned and controlled by socially and economically disadvantaged individuals, as that term is defined in section 8(d)(3)(C) of such Act (15 U.S.C. 637(d)(3)(C)).“(6) A small business concern owned and controlled by women, as that term is defined under section 3(n) of such Act (15 U.S.C. 632(n)).”
Pub. L. 100–656, title III, § 303(f), “(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 [“(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)).”
Pub. L. 100–656, title III, § 304(b),
[Section 304(b) of Pub. L. 100–656 effective
Pub. L. 109–289, div. A, title VIII, § 8018,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 109–148, div. A, title VIII, § 8020,
Pub. L. 108–287, title VIII, § 8021,
Pub. L. 108–87, title VIII, § 8021,
Pub. L. 100–656, title VI, § 602, “(a) 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) 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) 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) Subsection (b) shall cease to be effective after
[Section 602 of Pub. L. 100–656 effective
Pub. L. 100–590, title I, § 107,
Pub. L. 100–590, title I, § 127(c),
Similar provisions were contained in Pub. L. 100–533, title II, § 203,
Pub. L. 100–590, title I, § 127(e),
Pub. L. 100–590, title I, § 129,
Pub. L. 100–590, title I, § 132,
Pub. L. 99–567, § 1(b),
Pub. L. 98–362, § 5(b),
Pub. L. 98–577, title IV, § 404(c),
Pub. L. 98–72, § 1(b)(3),
Pub. L. 96–302, title I, § 118(c)(2),
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.
Pub. L. 95–507, title II, § 202(b),
Advisory boards and committees in existence on
Pub. L. 100–590, title I, § 127(d), “(1) that is at least 51 per centum owned by one or more women; and“(2) whose management and daily business operations are controlled by one or more of such women.”
Similar provisions were contained in Pub. L. 100–533, title II, § 204,