Page:United States Statutes at Large Volume 100 Part 5.djvu/455

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3929

"(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 (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. "(C) The Administrator shall prescribe regulations to carry out the provisions of this subsection. "(5) The Administrator shall conduct a review under the program established under paragraph (2) at least once during every three years. Such review shall be completed and appropriate size standard adjustments made with the expiration of 180 days after each threeyear review period.". (g) EFFECTIVE DATES.—Except as otherwise provided in subsection (h), the amendments made by this section shall take effect on October 1, 1987. (h) INITIAL REVIEW OF SIZE STANDARDS.—(1) Paragraph (2) of

section 3(a) of the Small Business Act (as added by subsection (fj) shall take effect on the date of the enactment of this Act. (2) The first review conducted by the Administrator under such paragraph shall review the periods beginning on October 1, 1983,

15 USC 632.

15 USC 637, 644.

contracts

5 USC 701 et seq. Regulations.

15 USC 632 note. 15 USC 632 note.

�