Page:United States Statutes at Large Volume 102 Part 4.djvu/913

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-656—NOV. 15, 1988

102 STAT. 3883

(E) Program Participants' dependence on contracts awarded noncompetitively under the authority of section 8(a) of the Small Business Act (15 U.S.C. 637(a)) and the rate of increase in the percentage of competitively awarded contracts in the firms' business mix as Program Participants approach graduation; (F) the competitive award of contracts within the Program, determining the number, dollar value, and source selection method u s ^ for the various contract opportunities required to be awarded competitively and those for which competition was discretionary; (G) the noncompetitive award of contracts to Program Participants; the effect on the distribution of Program awards among individual Program Participants; and Program Participants located in each of the several States; and the Administration's use of the authority to direct contracts to Program Participants in the interest of maintaining equitable contract distributions; (H) delay in the award of contracts flowing from protests, either of a prospective awardee's continued Program eligibility or the conduct of a competition restricted to Program Participants; (I) limitations on the transfer of contracts to a Program Participant incident to transferring ownership and control of the business; (J) reporting by Program Participants concerning the use of consultants and other non-employees to assist in obtaining Federal contracts; and (K) data collection and data management by the Administration relating to the Program. (3) The Comptroller General shall prepare a report summarizing the findings of the review described in paragraph (2), and make such recommendations for the improved implementation of this Act as may be appropriate. The report shall be transmitted to the Committees on Small Business of the Senate and House of Representatives by February 1, 1992. SEC. 505. COMMISSION ON MINORITY BUSINESS DEVELOPMENT. (a) ESTABLISHMENT.—There is established a Commission to be known as the "Commission on Minority Business Development" (hereinafter in this title referred to as the "Commission"). (b) DUTIES.—(1) The Commission shall— (A) review and conduct an assessment of the operations of all Federal programs intended to promote and foster the development of minority owned businesses to ascertain whether the purposes and objectives of such program are being realized. Such review and assessment shall include, among other things, an evaluation of the issues described in this subsection; (B) review and assess the overall effectiveness of the Small Business and Capital Ownership Development Program established pursuant to 7(j)(10) of the Small Business Act (15 U.S.C. 636(j)(10)) including— (i) the procedure whereby the Administration certifies concerns pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)), including, the average time for the processing of applications, the criteria for program admission, and the geographic and industrial distribution of new program entrants;

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15 USC 636 note.