Page:United States Statutes at Large Volume 102 Part 4.djvu/887

 PUBLIC LAW 100-656—NOV. 15, 1988

102 STAT. 3857

tion as may be necessary to perform efficiently its functions and responsibilities. "(F) Subject to the provisions of section 8(a)(9), the functions and responsibility of the Division are to— "(i) receive, review and evaluate applications for certification pursuant to paragraphs (4), (5), (6) and (7) of section 8(a); "(ii) advise each program applicant within 15 days after the receipt of an application as to whether such application is complete and suitable for evaluation and, if not, what matters must be rectified; "(iii) render recommendations on such applications to the Associate Administrator for Minority Small Business and Capital Ownership Development; "(iv) review and evaluate financial statements and other submissions from concerns participating in the p r ( ^ a m established by paragraph (10) to ascertain continued eligibility to receive subcontracts pursuant to section 8(a); "(v) make a request for the initiation of termination or graduation proceedings, as appropriate, with the Associate Administrator for Minority Smadl Business and Capital Ownership Development; "(vi) decide protests from applicants that have been denied program admission; "(vii) decide protests regarding the status of a concern as a disadvantaged concern for purposes of any program or activity conducted under the authority of subsection (d) of section 8, or any other provision of Federal law that references such subsection for a definition of program eligibility; and "(viii) implement such policy directives as may be issued by the Associate Administrator for Minority Small Business and Capital Ownership Development pursuant to subparagraph (H) regarding, among other things, the geographic distribution of concerns to be admitted to the program and the industrial make-up of such concerns. "(G) An applicant shall not be denied admission into the program established by paragraph (10) due solely to a determination by the Division that specific contract opportunities are unavailable to assist in the development of such concern unless— "(i) the Government has not previously procured and is unlikely to procure the t3Tpes of products or services offered by the concern; or "(ii) the purchases of such products or services by the Federal Government will not be in quantities sufficient to support the developmental needs of the applicant and other P r o - a m participants providing the same or similar items or services. "(H) Thirty day before the conclusion of each fiscal year, the Director of the Division shall review all concerns that have been admitted into the Program during the preceding 12-month period. The review shall ascertain the number of entrants, their geographic distribution and industrial classification. The Director shall also estimate the expected growth of the Program during the next fiscal year and the number of additional Business Opportunity Specialists, if any, that will be needed to meet the anticipated demand for the Program. The findings and conclusions of the Director shall be Reports. reported to the Associate Administrator for Minority Small Business and Capital Ownership Development by September 30 of each year. Based on such report and such additional data as may be

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