Page:United States Statutes at Large Volume 100 Part 5.djvu/454

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3928

Contracts.

PUBLIC LAW 99-661—NOV. 14, 1986

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 15(n) for the same industry category.". (2) Section 15 of such Act (15 U.S.C 644) is amended by adding at the end the following new subsection: "(o)(l) A concern may not be awarded a contract under this subsection as a small business concern unless the concern agrees that— "(A) in the case of a contract for services (except construction), the concern will perform at least 50 percent of the cost of the contract with its own employees; and "(B) 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). "(2) The Administrator may change the percentage under subparagraph (A) or (B) of paragraph (1) 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. "(3) The Administration shall establish, through public rulemaking, requirements similar to those specified in paragraph (1) 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.". (d) EXPANSION OF ANNUAL PARTICIPATION GOALS.—Section 15(g) of

Disadvantaged persons.

such Act is amended— (1) by striking out "having values of $10,000 or more" in the first sentence; and (2) by adding at the end the following: "For the purpose of establishing goals under this subsection, the head of each Fed• •". eral agency shall make consistent efforts to annually expand participation by small business concerns from each industry category in procurement contracts of the agency, including participation by small business concerns owned and controlled by socially and economically disadvantaged individuals. The head of each Federal agency, in attempting to attain such participation, shall consider— "(1) contracts awarded as the result of unrestricted competition; and ' "(2) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 8(a).". (e) DISCLOSURE OF INFORMATION CONCERNING APPLICANTS FOR PROCUREMENT SET-ASIDES.—Section 15 of such Act is further

Defense and national security.

amended by adding at the end the following new subsection: "(p)(l) Except as provided in paragraphs (2) and (3), the head of any Federal agency shall, within five days of the agency's decision to set aside a procurement for small business concerns under this section, provide the names and addresses of the small business concerns expected to respond to the procurement to any person who requests such information. "(2) The Secretary of Defense may decline to provide information under paragraph (1) in order to protect national security interests.