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(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
(4) non-nuclear ship repair.
(b) 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 Contrac
(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
awards, related to the maximum practicable extent to the standard industrial classification code for the service being provided by the contractor.
(f) SIZE STANDARDS.
(1) IN GENERAL.-Any numerical size standard that is assigned to a standard industrial classification code (or a subdivision of such a code) for any of the designated industry groups described in subsections (b), (c), and (d) of this section and that was in effect on September 30, 1988, shall remain in effect for the duration of the Program (as specified in section 711(c)).
(2) ENGINEERING SERVICES OTHER THAN ARCHITECTURAL AND ENGINEERING SERVICES.-The limitation imposed by paragraph (1) does not preclude modification to the numerical size standard assigned to those subdivisions of standard industrial classification code 8711 that are not subject to the Program, including
(A) engineering services-military and aerospace equipment and military weapons;
(B) engineering services-marine engineering and naval architecture; or
(C) any successor to a subdivision described in subparagraph (A) or (B).
SEC. 718. [15 U.S.C. 644 note] DEFINITIONS.
(a) DESIGNATED INDUSTRY GROUPS.-"Designated industry groups" means the groups specified in section 717 for participation in the Small Business Competitiveness Demonstration Program.
(b) EMERGING SMALL BUSINESS CONCERN.-"Emerging small business concern” means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the standard industrial classification code assigned to a contracting opportunity.
(c) PARTICIPATING AGENCY.-"Participating agency" shall have the same meaning as the term "executive agency" in section (4)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). The Administrator for Federal Procurement Policy is authorized to specify as part of the Program test plan the list of executive agencies designated to participate in the Program, which shall include:
(1) the Department of Agriculture,
(2) the Department of Defense (with the Department of the Army, the Department of the Navy, the Department of the Air Force, and the defense agencies reporting separately),
(3) the Department of Energy,
(4) the Department of Health and Human Services,
(5) the Department of the Interior,
(6) the Department of Transportation,
(7) the Environmental Protection Agency,
(8) the General Services Administration (with the Public Building Service reporting separately),
(9) the National Aeronautics and Space Administration,
(10) the Department of Veterans Affairs.
The Administrator for Federal Procurement Policy is authorized to require any participating agencies to report separately in any man
ner deemed appropriate to enhance the attainment of the test activities authorized by this title.
(d) SMALL BUSINESS PARTICIPATION.-"Small business participation" shall include the aggregate dollar value of every procurement contract award made to a small business concern, without regard to whether such award was based on restricted or unrestricted competition, or was made on a sole source basis.
(e) STANDARD INDUSTRIAL CLASSIFICATION CODE.-"Standard industrial classification code" means a four digit code assigned to an industry category in the Standard Industrial Classification Manual published by the Office of Management and Budget in effect on the date of enactment of this Act.
PART C-ALTERNATIVE PROGRAM FOR CLOTHING AND TEXTILES
SEC. 721. [15 U.S.C. 644 note] ALTERNATIVE PROGRAM FOR CLOTHING AND TEXTILES.
(a) ESTABLISHMENT.-Subject to the requirements of subsection (b), of the total dollar amount of contracts for each standard industrial classification code for clothing and textiles awarded by the Defense Logistics Agency for each of the fiscal years 1989, 1990, and 1991:
(1) To the maximum extent practicable, 50 percent shall not be restricted by the size status of the competing business
(2) To the maximum extent practicable, 50 percent shall be made available for award pursuant to
(A) section 8(a) of the Small Business Act (15 U.S.C. 637(a));
(B) section 2323 of title 10, United States Code; and (C) section 15(a) of the Small Business Act (15 U.S.C. 644(a)), if the criteria for such awards are met pursuant to part 19.5 (Set-Asides for Small Business) of title 48, Code of Federal Regulations, as in effect on September 1, 1988.
(b) COMPUTATION.-In order to calculate the percent limitation established pursuant to subsection (a), the Department may establish, after consultation with the Small Business Administration, major groupings of standard industrial classification codes that are closely related and apply such limitations to such groupings.
(c) PROGRAM TERM.-The Program shall commence on January 1, 1989, and terminate on September 30, 1996.
(d) REPORT.-The Secretary of Defense shall issue reports to the Congress on the operations of the program established pursuant to this section. Such reports shall detail the effects of the program on the mobilization base and on small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. Interim reports shall be submitted every 6 months during the term of the program to the Committees on Armed Services and Small Business of the House of Representatives and the Senate.
SEC. 722. [10 U.S.C. 2304 note] EXPANDING SMALL BUSINESS PARTICIPATION IN DREDGING.
(a) ESTABLISHMENT.-The Secretary of the Army (hereafter in this section referred to as the "Secretary") shall conduct a program to expand the participation of small business concerns and emerging small business concerns in contracting opportunities for dredging solicited on or after January 1, 1989, commencing on October 1, 1989 and terminating on September 30, 1996.
(b) ENHANCED GOALS.-Of the aggregate value of all suitable contracts for dredging, the Department of the Army (hereafter in this section referred to as the "Department") shall make every reasonable effort to award to small business concerns:
(1) 20 percent during fiscal year 1989, including 5 percent of the total dollar value of contracts which is reserved for emerging small business concerns;
(2) 25 percent during fiscal year 1990, including 7.5 percent of the total dollar value of contracts which is reserved for emerging small business concerns;
(3) 30 percent during fiscal year 1991, including 10 percent of the total dollar value of contracts which is reserved for emerging small business concerns;
(4) 30 percent during fiscal year 1992, including 10 percent of the total dollar value of contracts which is reserved for emerging small business concerns; and
(5) not less than 20 percent during fiscal year 1993, and each subsequent year during the term of the program, including not less than 5 percent of the dollar value of suitable contracts that shall be reserved for emerging small business con
The total value of contracts to be performed exclusively through the use of so-called dustpan dredges or seagoing hopper dredges is deemed to be generally unsuitable for performance by small business concerns and is to be excluded in calculating whether the rates of small business participation specified in subsection (b) have been attained.
(c) CONTRACT AWARD PROCEDURES. (1) Except as provided in paragraphs (3) and (4), the Department shall solicit and award contracts for dredging through full and open competition in conformity with section 2304 of title 10, United States Code, section 15 of the Small Business Act (15 U.S.C. 644), and the implementing procurement regulations promulgated in conformity with section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 405). Nothing herein shall impair the award of contracts 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) Prior to making a determination to restrict a solicitation for the performance of a dredging contract for exclusive competition among 2 or more eligible small business concerns in accordance with section 19.5 of the Governmentwide Federal Procurement Regulation 5 (48 C.F.R. 19.5, or any successor thereto), the contracting officer shall make a determination that each anticipated offeror is a responsible source (as defined under section 4(7) of the Office
So in law. Probably refers to the Federal Acquisition Regulation.