Page:United States Statutes at Large Volume 100 Part 4.djvu/754

 100 STAT. 3341-149 \^ iV

PUBLIC LAW 99-591—OCT. 30, 1986 "(1) contracts awarded as the result of unrestricted competition; and "(2) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 8(a).".

(e) DISCLOSURE OF INFORMATION CONCERNING APPLICANTS FOR PROCUREMENT SET-ASIDES.—Section 15 of such Act is further

amended by adding at the end the following new subsection: "(p)(l) Except as provided in paragraphs (2) and (3), the head of any Federal agency shall, within five days of the agency's decision to set aside a procurement for small business concerns under this section, provide the names and addresses of the small business concerns expected to respond to the procurement to any person who requests such information. "(2) The Secretary of Defense may decline to provide information under paragraph (1) in order to protect national security interests. "(3) The head of a Federal agency is not required to release any information under paragraph (1) that is not required to be released under section 552 of title 5, United States Code.. (f) REVIEW OF SIZE STANDARDS.—Section 3 of the Small Business Act is amended— (1) by inserting "(1)" after "SEC. 3. (a)"; and (2) by adding at the end of subsection (a) the following: "(2)(A) The Small Business Administration shall establish a program for the review of the size standards for eligibility of business concerns in the industry categories described in subparagraph (B) for a procurement restricted to small business concerns under section 8(a) or 15(a). "(B) Subparagraph (A) shall apply only to business concerns in the following industry categories: "(i) Construction. "(ii) Architectural and engineering services (including surveying and mapping services), "(iii) Ship building and ship repair. "(iv) Refuse systems and related services. "(3) If the Administrator determines, on the basis of any such review, that contracts awarded under the set-aside programs under such sections exceed 30 percent of the dollar value of the total contract awards for that industry category, as determined under the last sentence of section 15(a)(3), the Administrator shall adjust the size standards for such industry category establishing eligibility for a set-aside program to a size that will likely reduce the number of contracts which may be set aside to approximately 30 percent of the value of contracts to be awarded under such sections. "(4)(A) An interested person may petition the Administrator at any time to review an adjustment to a size standard made under paragraph (3) or any designation of an industry category made under section 15(a)(3) if the petitioner presents credible evidence that any such adjustment or designation— (i) is not likely to further the purposes of paragraph (3)(A) or section 15(a); and "(ii) has caused the petitioner to suffer severe financial loss. "(B) The Administrator shall render a final determination on any petition filed under subparagraph (A) before the end of the 30-day period beginning on the date that such petition is received by the Administration. Such determination shall be reviewable in the manner prescribed in chapter 7 of title 5, United States Code.

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