Page:United States Statutes at Large Volume 102 Part 4.djvu/903

 PUBLIC LAW 100-656—NOV. 15, 1988

102 STAT. 3873

the amounts thereof, shall be subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613). "(iii) Each agency shall ensure that the goals offered by the apparent succe^M bidder or offeror are attainable in relation to— "(I) the subcontracting opportunities available to the contractor, commensurate with the efficient and economical performance of the contract; " O the pool of eligible subcontractors available to fulfill the OD subcontracting opportunities; and "(m) the actual performance of such contractor in fulfilling the subcontracting goals specified in prior plans.", (b) LIQUIDATED DAMAGES CLAUSE.The contract clause required 15 USC 637 note. by section 8(d)(4)(F) of the Small Business Act (as added by subsection (a)) shall be made part of the Federal Acquisition Regulation and promulgated pursuant to section 22 of the Office of Federal Procurement PoUcy Act (41 U.S.C. 418b).

TITLE IV—IMPROVED MANAGEMENT AND PROGRAM INTEGRITY SEC 401- STATUS OF THE ASSOCIATE ADMINISTRATOR FOR MINORITY SMALL BUSINESS AND CAPITAL OWNERSHIP DEVELOPMENT.

(a) IN GENERAL.—In Section 4(b)(l) of the Small Business Act (15 U.S.C. 633(b)(l)) is amended by inserting immediately after "Associate Adminisb-ator for Minori^ Small Business and Capital Oyvnership Development" the following: "who shall be an employee in the competitive service or in the Senior Executive Service and a career appointee". (b) CAREER PosmoN.—The position of Associate Administrator for 15 USC 633 note. Minority Small Business and Capital Ownership Development referred to in paragraph (1) of section 4(b) of the Act shall be a career reserved position. SEC 402. PROHIBITED ACTIONS AND EMPLOYEE RESPONSIBILITIES.

Section 8(a) of the SmaU Business Act (15 U.S.C. 637(a)) is further amended by adding at the end thereof the following new paragraph: "(18XA) No person within the employ of the Administration shall, during the term of such employment and for a period of two years after such employment has been terminated, enge^e in any activity or transaction specified in subparagraph (B) with respect to any Program Participant certified during such person's term of employment, if such person participated personally (either directly or indirectly) in decision-making responsibilities relating to such Program Participant or with respect to the administration of any assistance provided to Pn^ram Participants generally under this subsection, section 7(|X10), or section 7(a)(20). "(B) The activities and transactions prohibited by subparagraph (A) include— "(i) the buying, selling, or receiving (except by inheritance) of any l ^ a l or beneficial ownership of stock or any other ownership interest or the right to acquire any such interest; agreement (whether or not l^ally enforceable) to purchase or otherwise obtain any right or interest described in clause (i); or "(iii) the receipt of any other benefit or right that may be an incident of ownership.
 * (ii) the entering into or execution of any written or oral

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