Page:United States Statutes at Large Volume 108 Part 4.djvu/740

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108 STAT. 3374 PUBLIC LAW 103-355 —OCT. 13, 1994 or competitive proposals to the agency for procurement contracts to be awarded under the program provided for by this section are complying with applicable subcontracting plan requirements of section 8(d) of the Small Business Act (15 U.S.C. 637(d)). "(2) The regulations required by paragraph (1) shall ensure that, with respect to a sealed bid or competitive proposal for which the bidder or offeror is required to negotiate or submit a subcontracting plan under section 8(d) of the Small Business Act (15 U.S.C. 637(a)), the subcontracting plan shall be a factor in evaluating the bid or proposal. "(i) ANNUAL REPORT. —(1) Not later than December 15 of each year, the head of the agency shall submit to Congress a report on the progress of the agency toward attaining the gosd of subsection (a) duringthe preceding fiscal year. "(2) The report required under paragraph (1) shall include the following: "(A) A full explanation of any progress toward attaining the goal of subsection (a). "(B) A plan to achieve the goal, if necessary. "(3) The report required under paragraph (1) shall also include the following: "(A) The aggregate differential between the fair market price of all contracts awarded pursuant to subsection (e)(3) and the estimated fair market price of all such contracts had such contracts been entered into using full and open competitive procedures. "(B) An analysis of the impact that subsection (a) shall have on the ability of small business concerns not owned and controlled by socially and economically disadvantaged individuals to compete for contracts with the agency. "(C) A description of the percentage of contracts (actions), the total dollar amount (size of action), and the number of different entities relative to the attainment of the goal of subsection (a), separately for Black Americans, Native Americans, Hispanic Americans, Asian Pacific Americans, and other minorities, "(j) DEFINITIONS.— In this section: "(1) The term 'agency* means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration. "(2) The term head of an agency* means the Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration, "(k) EFFECTIVE DATE.— (1) This section applies in the Department of Defense to each of fiscal years 1987 through 2000. "(2) This section applies in the Coast Guard and the National Aeronautics and Space Administration in each of fiscal years 1995 through 2000.". SEC. 7106. PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS OWNED BY WOMEN. (a) GOALS. —Section 15 of the Small Business Act (15 U.S.C. 644) is amended— (1) by striking out "and small business concerns owned and controlled by socially and economically disadvantaged individuals" each place it appears in the first sentence and fourth sentences of subsection (g)(l), the second sentence of