with the competition standard specified in section 15(j) of the (B) such larger dollar amount established pursuant to paragraph (2). (2) ADJUSTMENTS TO THE SMALL BUSINESS RESERVE.-If the goal of awarding emerging small business concerns 15 percent of the total dollar value of contracts in a designated industry category is determined not to have been attained, upon the review of award data conducted in accordance with subsection (d)(1) of this section, the Administrator for Federal Procurement Policy, to ensure attainment of such goal, shall prescribe, on a semiannual basis, appropriate adjustments to the dollar threshold for contract opportunities in such designated industry category below which competition shall be conducted exclusively among emerging small business concerns. (3) SMALL BUSINESS SMALL PURCHASE RESERVE.-The requirements of this subsection dealing with the reserve amount shall apply notwithstanding the amount specified in section 15(j) of the Small Business Act (15 U.S.C. 644(j)). (4) EXCLUSION OF MODIFICATIONS TO EXISTING CONTRACTS ABOVE THE SMALL PURCHASE THRESHOLD.-Any modification or follow-on award to a contract having an initial award value in excess of $25,000 shall not be subject to the limitations on competition required by this subsection. (c) TARGETING INDUSTRY CATEGORIES WITH LIMITED SMALL BUSINESS PARTICIPATION.-(1) Concurrent with the term of the Small Business Competitiveness Demonstration Program, the head of each participating agency shall implement a program to expand small business participation in the agency's acquisition of selected products and services in 10 industry categories which have historically demonstrated low rates of small business participation. The products and services to be targeted for the small business participation expansion program and the special goals for such program, shall be developed in conjunction with the Administrator of the Small Business Administration, and shall be subject to the requirements of section 15(g) of the Small Business Act (15 U.S.C. 644(g)). (2) The products or services selected for the small business participation expansion program shall be drawn from industry categories that: (A) are the recipients of substantial purchases by the Federal Government; (B) have less than 10 percent of such annual purchases made from small business concerns; and (C) have significant amounts of small business productive capacity that have not been utilized by the Government. (3) In developing its small business participation expansion program, each participating agency shall: (A) prepare, and furnish to the Administration, a detailed, time-phased strategy (with incremental numerical goals); and (B) encourage and promote joint ventures, teaming agreements and other similar arrangements, which permit small business concerns to effectively compete for contract solicita tions for which an individual small business concern would lack the requisite capacity or capability needed to establish responsibility for the award of a contract. (a) MONITORING AGENCY PERFORMANCE. (1) Participating agencies shall monitor the attainment of their small business participation goals on a quarterly basis. The initial review by each participating agency shall be completed not later than June 30, 1989, based on the data for the period January 1 through March 31, 1989. Thereafter, each review shall be based on the aggregate of contract award data from the 4 fiscal year quarters preceding the date of the review for which data is available. (2) All awards to small business concerns (including small business concerns owned and controlled by socially and economically disadvantaged individuals) shall be counted toward attainment of the goals specified in subsection (a) of this section. (3) Modifications to a participating agency's solicitation practices, pursuant to section 713(6), shall be made at the beginning of the fiscal year quarter following each review, if the rate of small business participation is less than 40 percent of the contract awards. SEC. 713. [15 U.S.C. 644 note] PROCUREMENT PROCEDURES. (a) FULL AND OPEN COMPETITION.-Except as provided in subsections (b) and (c), each contract opportunity with an anticipated value of more than $25,000 or more for the procurement of services from firms in the designated industry groups (unless set aside pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) or section 2323 of title 10, United States Code 2) shall be solicited on an unrestricted basis during the term of the Program, if the participating agency has attained its small business participation goal pursuant to section 712(a). Any regulatory requirements which are inconsistent with this provision shall be waived. (b) 3 RESTRICTED COMPETITION.-If a participating agency has failed to attain its small business participation goal under section 712(a), subsequent contracting opportunities, which are in excess of the reserve thresholds specified pursuant to section 712(b) shall be solicited through a competition restricted to eligible small business concerns pursuant to section 15(a) of the Small Business Act (15 U.S.C. 644(a)) only at those buying activities of the participating agency that failed to attain the small business participation goal required by section 712(a). Upon determining that its contract awards to small business concerns again meet the goals required by section 712(a), a participating agency shall promptly resume the use of unrestricted solicitations pursuant to subsection (a). Such 2 Section 2323 of title 10, United States Code, was formerly section 1207 of Public Law 99661. Such section 1207 was codified into title 10 by section 801 of Public Law 102-484. Section 202(h) of the Public Law 102-366 (106 Stat. 996; 15 U.S.C. 644 note) provides: (h) PROCUREMENT PROCEDURES.-Restricted competitions pursuant to section 713(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892) shall not be imposed with respect to the designated industry group of architectural and engineering services if the rate of small business participation exceeds 35 percent, until the improvements to the collection of data regarding prime contract awards (as required by subsection (g)) and the system for collecting data regarding other than prime contract awards (as required by subsection (d)) have been implemented, as determined by the Administrator for Federal Procurement Policy. modifications in the participating agency's solicitation practices shall be made as soon as practicable, but not later than the beginning of the quarter following completion of the review made pursuant to section 712(d) indicating that changes to solicitation practices are required. (c) RELATIONSHIP WITH THE COMPETITION IN CONTRACTING ACT OF 1984. Subsections (a) and (b) shall not be construed to supersede the application of the Competition in Contracting Act of 1984 (98 Stat. 1175). (d) RELATIONSHIP TO OTHER APPLICABLE LAW.-Solicitations for the award of contracts for architectural and engineering services (including surveying and mapping) issued by a Military Department or a Defense agency shall comply with the requirements of subsections (a) and (b) of section 2855 of title 10, United States Code. 4 SEC. 714. [15 U.S.C. 644 note] REPORTING. (a) AWARDS OF $25,000 OR LESS.-During the term of the Small Business Competitiveness Demonstration Program, each award of $25,000 or less made by a participating agency for the procurement of a service in any of the designated industry categories shall be reported to the Federal Procurement Data Center in the same manner as if the purchase were in excess of $25,000. (b) SUBCONTRACTING ACTIVITY.— (1) SIMPLIFIED DATA COLLECTION SYSTEM.-The Administrator for Federal Procurement Policy shall develop and implement a simplified system to collect data on the participation of small business concerns (including small business concerns owned and controlled by socially and economically disadvantaged individuals) as other than prime contractors. (2) PARTICIPATING INDUSTRIES.-The system established under paragraph (1) shall be used to collect data regarding contracts for architectural and engineering services (including surveying and mapping). The Administrator for Federal Procurement Policy may expand such system to collect data regarding such other designated industry groups as deemed appropriate. (3) PARTICIPATING AGENCIES.-As part of the system established under paragraph (1) data shall be collected from *Section 2855 of title 10, United States Code, provides: $2855. Law applicable to contracts for architectural and engineering services and construction design (a) Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). (b)(1) In the case of a contract referred to in subsection (a)— (A) if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and (B) if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.). (2) The initial threshold amount under paragraph (1) is $85,000. The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a). (3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). tion; (A) the Environmental Protection Agency; (B) the National Aeronautics and Space Administra (C) the United States Army Corps of Engineers (Civil Works); and (D) the Department of Energy. The Administrator for Federal Procurement Policy may require the participation of additional departments or agencies from the list of participating agencies designated in section 718. (4) DETERMINING SMALL BUSINESS PARTICIPATION RATES.— The value of other than prime contract awards to small business concerns furnishing architectural and engineering services (including surveying and mapping) or other services in support of such contracts (or other services provided by small business concerns in other designated industry groups as may be designated for participation by the Administrator for Federal Procurement) shall be counted towards determining whether the small business participation goal required by section 712(a) has been attained. (5) DURATION.-The system described in subsection (a) shall be established not later than October 1, 1992 (or as soon as practicable thereafter on the first day of a subsequent quarter of fiscal year 1993), and shall terminate on September 30, 1996. (c) SIZE AND STATUS OF SMALL BUSINESS CONCERNS.-During the term of the Program, each participating agency shall collect data pertaining to the size of the small business concern and the status of the small business concern (as a small business concern owned and controlled by socially and economically disadvantaged individuals) receiving any award for the procurement of— (1) services in each of the designated industry groups; and (2) products or services from industry categories selected for participation in the small business participation expansion program, pursuant to section 712(c). SEC. 715. [15 U.S.C. 644 note] TEST PLAN AND POLICY DIRECTION. (a) TEST PLAN.-The Administrator for Federal Procurement Policy may further specify the manner and conduct of the test activ-ities required by this title through a test plan issued pursuant to section 15 of the Office of Federal Procurement Policy Act (41 U.S.C. 413). (b) POLICY DIRECTION.-The Administrator for Federal Procurement Policy, in cooperation with the Administrator of the Small Business Administration, shall issue a policy directive (which shall be binding on all participating agencies) to ensure consistent Government-wide implementation of this title in the Federal Acquisition Regulation, title 48 of the Code of Federal Regulations, issued pursuant to the Office of Federal Procurement Policy Act. SEC. 716. [15 U.S.C. 644 note] REPORTS TO CONGRESS. (a) IN GENERAL.-Within 180 days after data for fiscal year 1991 and 1995 are available from the Federal Procurement Data Center, the Administrator for Federal Procurement Policy shall report the results of the Small Business Competitiveness Demonstra tion Program to the Committees on Small Business of the Senate and House of Representatives, to the Committee on Governmental Affairs of the Senate, and to the Committee on Government Operations of the House of Representatives. The views of the Administrator of the Small Business Administration shall be included in the report. (b) ANALYSIS OF PROGRAM.-The report shall include a section prepared by the Administrator of the Small Business Administration specifying the results of the intensive goaling and management program conducted to expand small business participation in agency acquisitions of selected products and services. (c) RECOMMENDATIONS.-To the extent the results of the Program demonstrate sufficiently high small business participation based on unrestricted contract competition in the designated industry groups, the report to be submitted during calendar year 1996 shall include recommendations (if appropriate) for changes in legislation or modifications of procurement regulations aimed at increasing reliance on unrestricted competition if high rates of small business participation in the Federal procurement market can be maintained. SEC. 717. [15 U.S.C. 644 note] DESIGNATED INDUSTRY GROUPS. (a) IN GENERAL.-For the purposes of participation in this Program, the designated industry groups are (1) construction (excluding dredging); (2) refuse systems and related services; (3) architectural and engineering services (including surveying and mapping); and (b) (4) non-nuclear ship repair. CONSTRUCTION.-Construction shall include contract awards assigned one of the standard industrial classification codes that comprise (1) Major Group 15 (Building Construction-General Contractors and Operative Builders), (2) Major Group 16 (Heavy Construction Other Than Building Construction-Contractors) (excluding dredging); and (3) Major Group 17 (Construction-Special Trade Contractors). (c) REFUSE.-Refuse systems and related services shall include contract awards assigned to standard industrial classification code 4212 or 4953. (d) ARCHITECTURAL AND ENGINEERING.-Architectural and engineering services (including surveying and mapping) shall include contract awards assigned to standard industrial classification code 7389 (if identified as pertaining to mapping services), 8711, 8712, or 8713, and such contract was awarded under the qualificationbased selection procedures required by title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). (e) ALTERNATIVE DATA.-In the event that standard industrial classification codes are not assigned to individual contract awards reported to the Federal Procurement Data Center by January 1, 1989, the Program may be conducted on the basis of the product and service codes used to report data pertaining to such contract |