Page:United States Statutes at Large Volume 102 Part 4.djvu/892

 102 STAT. 3862

PUBLIC LAW 100-656—NOV. 15, 1988

"(I) one or more socially and economically disadvantaged individuals, "(ID an economically disadvantaged Indian tribe, or "(III) an economically disadvantaged Native Hawaiian organization, or "(ii) in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by ^ "(I) one or more socially and economically disadvantaged individuals, "(II) an economically disadvantaged Indian tribe, or "(III) an economically disadvantaged Native Hawaiian organization. "(B) A small business concern meets the requirements of this subparagraph if the management and daily business operations of such small business concern are controlled by one or more— "(i) socially and economically disadvantaged individuals described in subparagraph (A)(i)(I) or subparagraph (A)(ii)(I), "(ii) members of an economically disadvantaged Indian tribe described in subparagraph (A)(i)(II) or subparagraph (A)(iiXII), or "(iii) Native Hawaiian organizations described in subparagraph (A)(i)(III) or subparagraph (A)(iiXIH).". SEC. 208. TERMINATION AND GRADUATION STANDARDS.

Section 70X10) of the Small Business Act (15 U.S.C. 6360X10)), is further amended by adding at the end thereof the following new subparagraphs: "(E) A small business concern participating in the program conducted under the authority of this paragraph and eligible for the award of contracts pursuant to section 8(a) shall be denied all such assistance if such concern— "(i) voluntarily elects not to continue participation; "(ii) participates in the Program for a period in excess of the time limits prescribed by paragraph (15); "(iii) is terminated pursuant to a termination proceeding conducted in accordance with section 8(a)(9); or "(iv) is graduated pursuant to a graduation proceeding conducted in accordance with section 8(a)(9). "(F) For the purposes of sections 70) and 8(a), the terms 'terminated' or 'termination' shall mean the total denial "(F) For the purposes of this Act, sections 70) and 8(a), the terms 'terminated' or 'termination' shall mean the total denial or suspension of assistance provided pursuant to this paragraph or section 8(a) prior to the graduation of the participating small business concern pursuant to subparagraph (H) or the expiration of the maximum program participation in terms prescribed by paragraph (15). An action for termination shall be based upon good cause, including— "(i) the failure by such concern to maintain its eligibility for Program participation; "(ii) the failure of the concern to engage in business practices that will promote its competitiveness within a reasonable period of time as evidenced by, among other •='t>. indicators, a pattern of unjustified delinquent performance or terminations for default with respect to contracts awarded under the authority of section 8(a);

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