Page:United States Statutes at Large Volume 108 Part 4.djvu/739

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3373 in subsection (a)(1), a requirement that (to the maximum extent practicable) the procurement be designated as such a set-aside before the soUcitation for the procurement is issued. "(E) Policies and procedures which, to the maximum extent practicable, will ensure that ciurent levels in the number or dollar value of contracts awarded under the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) and under the small business set-aside program established under section 15(a) of the Small Business Act (15 U.S.C. 644(a)) are maintained and that every effort is made to provide new opportunities for contract awards to eligible entities, in order to meet the goal of subsection (a). "(F) Implementation of this section in a manner which will not alter the procurement process under the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). "(G) A requirement that one factor used in evaluating the performance of a contracting officer be the abihty of the officer to increase contract awards to entities described in subsection (a)(1). "(H) Increased technical assistance to entities described in subsection (a)(1). " (f) PENALTIES AND REGULATIONS RELATING TO STATUS. —(1) Whoever for the purpose of securing a contract or subcontract under subsection (a) misrepresents the status of any concern or person as a small business concern owned and controlled by a minority (as described in subsection (a)), shall be punished by imprisonment for not more than one year, or a fine under title 18, or both. "(2) The Federal Acquisition Regulation shall prohibit awarding a contract under this section to an entity described in subsection (a)(1) unless the entity agrees to comply with the requirements of section 15(o)(l) of the Small Business Act (15 U.S.C. 644(o)(l)). "(g) INDUSTRY CATEGORIES. — (1) To the maximum extent practicable, the head of the agency shall— "(A) ensure that no particular industry category bears a disproportionate share of the contracts awarded to attain the goal established by subsection (a); and "(B) ensure that contracts awarded to atteiin the goal established by subsection (a) are made across the broadest possible range of industry categories. "(2) Under procedures prescribed by the head of the agency, a person may request the Secretary to determine whether the use of small disadvantaged business set asides by a contracting activity of the 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 for the purposes of this section. Upon making a determination that a particular industry category is bearing a disproportionate share, the head of the agency shall take appropriate actions to limit the contracting activity's use of set asides in awarding contracts in that particular industry category. "(h) CoMPLL\NCE WITH SUBCONTRACTING PLAN REQUIRE- MENTS. —(1) The Federal Acquisition Regulation shall contain regulations to ensure that potential contractors submitting sealed bids