Page:United States Statutes at Large Volume 108 Part 4.djvu/738

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108 STAT. 3372 PUBLIC LAW 103-355—OCT. 13, 1994 ments, Defense Agencies, and prime contractors of the Department of Defense in attaining such goal; and "(iv) in the case of the Coast Guard and the National Aeronautics and Space Administration, actively monitor and assess the progress of the prime contractors of the agency in attaining such goal. "(B) In making the assessment under clauses (iii) and (iv) of subparagraph (A), the head of the agency 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. "(2) To the extent practicable and when necessary to facilitate achievement of the 5 percent goal described in subsection (a), the head of an agency shall make advance payments under section 2307 of this title to contractors described in subsection (a). The Federal Acquisition Regulation shall provide guidance to contracting officers for making advance payments to entities described in subsection (a)(1) under such section. "(3) To the extent practicable and when necessary to facilitate achievement of the 5 percent goal described in subsection (a), the head of an agency may enter into contracts using less than full and open competitive procedures (including awards under section 8(a) of the Small Business Act) and Eartial set asides for entities described in subsection (a)(1), ut shall pay a price not exceeding fair market cost by more than 10 percent in payment per contract to contractors or subcontractors described in subsection (a). The head of an agency shall adjust the percentage specified in the preceding sentence for any industry category if available information clearly indicates that nondisadvantaged small business concerns in such industry category are generally being denied a reasonable opportunity to compete for contracts because of the use of that percentage in the application of this paragraph. "(4) To the extent practicable, the head of an agency shall maximize the number of minority small business concerns, historically Black colleges and universities, and minority institutions participating in the program. "(5) Each head of an agency shall prescribe regulations which provide for the following: "(A) Procedures or guidance for contracting officers to provide incentives for prime contractors referred to in subsection (a)(3) to increase subcontractor awards to entities described in subsection (a)(1). "(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 dominatejj. "(C) Guidance to agency 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 an agency procurement which is reasonably likely to be set aside for entities described