Page:United States Statutes at Large Volume 106 Part 3.djvu/649

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2443 tractors of the Department of Defense in attaining such (B) In making the assessment under subparagraph (A)(iii), the Secretary shall evaluate the extent to which use of the authority provided in paragraphs (2) and (3) and compliance with the requirement in paragraph (4) is effective for facilitating the attainment of the goal.**; (3) by adding at the end of paragraph (2) the following: The Secretary shall prescribe regulations that provide guid- Regulations. ance to contracting omcers for making advance payments to entities described in subsection (a)(1) under such section."; (4) in paragraph (3), by inserting "and partial set asides for entities described in subsection (a)(D" after "(including awards under section 8(a) of the Small Business Act"; ana (5) by adding at the end the following new paragraph: "(5) The Secretary shall prescribe regulations which provide Regulations. for the following: "(A) Procedures or guidance for contracting ofi&cers to provide incentives for prime contractors referred to in subsection (a)(3) to increase subcontractor awards to entities described in subsection (a)(l). "(B) A requirement that contracting officers emphasize the award of contracts to entities described in subsection (a)(1) in all industry categories, including those categories in which such entities have not traditionally dominated. "(C) Guidance to Department of Defense personnel on the relationship among the following programs: "(i) The program implementing this section. "(ii) The program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). "(iii) The small business set-aside program established under section 15(a) of the Small Business Act (15 U.S.C. 644(a)). "(D) With respect to a Department of Defense procurement which is reasonably likely to be set aside for entities described in subsection (a)(D, a requirement that (to the maximum extent practicable) the procurement be designated as such a set-aside before the solicitation for the procurement is issued. "(£) Policies and procedures which, to the maximum extent practicable, will ensure that current levels in the number or dollar value of contracts awarded under the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) and under the small business set-aside program established under section 15(a) of the Small Business Act (15 U.S.C. 644(a)) are maintcdned and that every effort is made to provide new opportunities for contract awards to eligible entities, in order to meet the goal of subsection (a). (F) Implementation of this section in a manner which will not alter the procurement process under the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). "(G) A requirement that one factor used in evaluating the performance of a contracting officer be the ability of the officer to increase contract awards to entities described in subsection (a)(D-