Page:United States Statutes at Large Volume 108 Part 4.djvu/736

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


108 STAT. 3370 PUBLIC LAW 103-355 —OCT. 13, 1994 which, for the purposes of this section, shall include Hispanicserving institutions (as defined in section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(l)). "(2) The head of the agency shall establish a specific goal within the overall 5 percent goal for the award of prime contracts and subcontracts to historically Black colleges and universities and minority institutions in order to increase the participation of such colleges and universities in the program provided for by this section. "(3) The Federal Acquisition Regulation (issued under section 25(c) of the Office of Federal Procurement Pohcy Act (41 U.S.C. 421(c)) shall provide procedures or guideUnes for contracting officers to set goals which agency prime contractors that are required to / submit subcontracting plans under section 8(d)(4)(B) of the Small ^ Business Act (15 U.S.C. 637(d)(4)(B)) in furtherance of the agency's program to meet the 5 percent goal specified in paragraph (1) should meet in awarding subcontracts, including subcontracts to minority-owned media, to entities described in that paragraph. "(b) AMOUNT. —With respect to the Department of Defense, the requirements of subsection (a) for any fiscal year apply to the combined total of the following amounts: "(A) Funds obligated for contracts entered into with the

Department of Defense for such fiscal year for procurement.

"(B) Funds obligated for contracts entered into with the Department of Defense for such fiscal year for research, development, test, and evaluation. "(C) Funds obligated for contracts entered into with the Department of Defense for such fiscal year for military construction. "(D) Funds obligated for contracts entered into with the Department of Defense for operation and maintenance. "(2) With respect to the Coast Guard, the requirements of subsection (a) for any fiscal year apply to the total value of all prime contract and subcontract awards entered into by the Coast Guard for such fiscal year. "(3) With respect to the National Aeronautics and Space Administration, the requirements of subsection (a) for any fiscal year apply to the total value of all prime contract and subcontract awards entered into by the National Aeronautics and Space Administration for such fiscal year. "(c) TYPES OF ASSISTANCE.—(1) To attain the goal specified in subsection (a)(1), the head of an agency shall provide technical assistance to the entities referred to in that subsection and, in the case of historically Black colleges and imiversities and minority institutions, shall also provide infirastructure assistance. "(2) Technical assistance provided under this section shall include information about the program, advice. about agency procurement procedures, instruction in preparation of proposals, and other such assistance as the head of the agency considers appropriate. If the resources of the agency are inadequate to provide such assistance, the head of the agency may enter into contracts with minority private sector entities with experience and expertise in the design, development, and delivery of technical assistance services to eligible individuals, business firms and institutions, acquisition agencies, and prime contractors. Agency contracts with such entities shall be awarded annually, based upon, among other things, the number of minority small business concerns, historically