Page:United States Statutes at Large Volume 106 Part 2.djvu/119

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PUBLIC LAW 102-366 —SEPT. 4, 1992 106 STAT. 999 Subtitle C—Small Business Administration Management SEC. 221. DISADVANTAGED SMALL BUSINESS STATUS DECISIONS. 15 USC 636 note. (a) PUBLICATION OF DECISIONS. — ^A decision issued pursuant to section 7(j)(llXFXvii) of the Small Business Act (15 U.S.C. 636(j)(ll)(F)(vii)) shall— (1) be made available to the protestor, the protested party, the contracting officer (if not the protestor), and all other parties to the proceeding, and published in full text; and (2) include findings of fact and conclusions of law, with specific reasons supporting such findings or conclusions, upon each material issue of fact and law of decisional significance regarding the disposition of the protest. (b) PRECEDENTIAL VALUE OF PRIOR DECISIONS.^A decision issued under section 70*)(ll)(F)(vii) of the Small Business Act that is issued prior to the date of enactment of this Act shall not have value as precedent in deciding any subsequent protest until such time as the decision is published in full text. SEC. 222. ESTABLISHMENT OF SIZE STANDARDS. (a) IN GENERAL.—Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by striking "In addition" and all that follows through the end period and by adding at the end the following new paragraphs: "(2) In addition to the criteria specified in paragraph (1), the Administrator may specify detailed definitions or standards (by number of employees or dollar volume of business) by which a business concern is to be recognized as a small business concern for the purposes of this Act or any other Act. Unless specifically authorized by statute, the Secretary of a department or the head of a Federal agency may not prescribe for the use of such department or agency a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— "(A) is being proposed after an opportunity for public notice and comment; "(B) provides for determining, over a period of not less than 3 years— "(i) the size of a manufacturing concern on the basis of the number of its employees during that period; and "(ii) the size of a concern providing services on basis of the average gross receipts of the concern during that period; and "(C) is approved by the Administrator. "(3) When establishing or approving emy size standard pursuant to paragraph (2), the Administrator shall ensure that the size standard varies from industry to industry to the extent necessary to reflect the differing characteristics of the various industries and consider other factors deemed to be relevant by the Administrator.". (b) REGULATIONS. — is use 632 note. (1) IN GENERAL. —Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue proposed regulations to implement the amendments made by subsection (a). Final regulations shall be issued not later than 270 days after such date of enactment.