Page:United States Statutes at Large Volume 108 Part 4.djvu/734

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108 STAT. 3368 PUBLIC LAW 103-355 —OCT. 13, 1994 pursuant to section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)), the head of the agency may enter into contracts using— (A) less than full and open competition by restricting the competition for such awards to small business concerns owned and controlled by socially and economically disadvantaged individuals described in subsection (d)(3)(C) of section 8 of the Small Business Act (15 U.S.C. 637); and (B) a price evaluation preference not in excess of 10 percent when evaluating an offer received from such a small business concern as the result of an unrestricted solicitation. (2) Paragraph (1) does not apply to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration. (b) IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. — (1) IN GENERAL. —The Federal Acquisition Regulation shall be revised to provide for uniform implementation of the authority provided in subsection (a). (2) MATTERS TO BE ADDRESSED.— The revisions of the Federal Acquisition Regulation made pursuant to paragraph (1) shall include— (A) conditions for the use of advance payments; (B) provisions for contract payment terms that provide for— (i) accelerated payment for work performed during the period for contract performance; and (ii) full payment for work performed; (C) guidance on how contracting officers may use, in solicitations for various classes of products or services, a price evaluation preference pursuant to subsection (a)(1)(B), to provide a reasonable advantage to small business concerns owned and controlled by socially and economically disadvantaged individuals without effectively eliminating any participation of other small business concerns; and (D)(i) procedures for a person to request the head of a Federal agency to determine whether the use of competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals at a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity; and (ii) guidance for limiting the use of such restricted competitions in the case of any contracting activity and class of contracts determined in accordance with such procedures to have caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity. (c) TERMINATION.— Th is section shall cease to be effective at the end of September 30, 2000. SBC. 7103. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COM- PREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. Section 834(e) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637