Page:United States Statutes at Large Volume 102 Part 4.djvu/921

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-656—NOV. 15, 1988

102 STAT. 3891

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 followon 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 solicitations for which an individual small business concern would lack the requisite capacity or capability needed to establish responsibility for the award of a contract. (d) 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 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(b), shall be made at the beginning of the quarter following each review, if the rate of small business participation is less than 40 percent of the contract awards.