124 STAT. 2543 PUBLIC LAW 111–240—SEPT. 27, 2010 ‘‘(D) CONTROL OF FUNDS.—If the contracting officer for a covered contract determines that a prime contractor has a history of unjustified, untimely payments to contractors, the contracting officer shall record the identity of the contractor in accordance with the regulations promulgated under subpara- graph (E). ‘‘(E) REGULATIONS.—Not later than 1 year after the date of enactment of this paragraph, the Federal Acquisition Regu- latory Council established under section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall amend the Federal Acquisition Regulation issued under section 25 of such Act to— ‘‘(i) describe the circumstances under which a con- tractor may be determined to have a history of unjustified, untimely payments to subcontractors; ‘‘(ii) establish a process for contracting officers to record the identity of a contractor described in clause (i); and ‘‘(iii) require the identity of a contractor described in clause (i) to be incorporated in, and made publicly available through, the Federal Awardee Performance and Integrity Information System, or any successor thereto.’’. SEC. 1335. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEM - ONSTRATION PROGRAM. (a) IN GENERAL.—The Business Opportunity Development Reform Act of 1988 (Public Law 100–656) is amended by striking title VII (15 U.S.C. 644 note). (b) EFFECTIVE DATE AND APPLICABILITY.—The amendment made by this section— (1) shall take effect on the date of enactment of this Act; and (2) apply to the first full fiscal year after the date of enactment of this Act. PART IV—SMALL BUSINESS SIZE AND STATUS INTEGRITY SEC. 1341. POLICY AND PRESUMPTIONS. Section 3 of the Small Business Act (15 U.S.C. 632), as amended by section 1311, is amended by adding at the end the following: ‘‘(w) PRESUMPTION.— ‘‘(1) IN GENERAL.—In every contract, subcontract, coopera- tive agreement, cooperative research and development agree- ment, or grant which is set aside, reserved, or otherwise classi- fied as intended for award to small business concerns, there shall be a presumption of loss to the United States based on the total amount expended on the contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant whenever it is established that a business concern other than a small business concern willfully sought and received the award by misrepresentation. ‘‘(2) DEEMED CERTIFICATIONS.—The following actions shall be deemed affirmative, willful, and intentional certifications of small business size and status: ‘‘(A) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement reserved, 15 USC 644 note. Public information. Records. Deadline. Records.
