Page:United States Statutes at Large Volume 102 Part 4.djvu/906

 102 STAT. 3876

PUBLIC LAW 100-656—NOV. 15, 1988

"(f) Whoever falsely certifies past compliance Math the requirements of section 70'XIOXI) of this Act shall be subject to the penalties prescribed in subsection (d).". SEC. 406. CONGRESSIONALLY REQUESTED INVESTIGATIONS. (e) INSPECTOR GENERAL INVESTIGATIONS.—Section 10(e)

of

the

Small Business Act (15 U.S.C. 639(e)) is amended by— (1) inserting "and the Inspector General of the Administration" immediately after "Administration", and (2) adding the following new paragraph: "(2) The Committee on Small Business of either the Senate or the House of Representatives may request that the Office of the Inspector General of the Administration conduct an investigation of any program or activity conducted under the authority of section 7(j) or 8(a). Not later than thirty days after the receipt of such a request, the Inspector General shall inform the committee, in writing of the disposition of the matter by such office.". SEC. 407. CONTRACT PERFORMANCE.

Securities.

Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is further amended by adding the following new paragraph: "(21XA) Subject to the provisions of subparagraph (B), a contract (including options) awarded pursuant to this subsection shall be performed by the concern that initially received such contract. Notwithstanding the provisions of the preceding sentence, if the owner or owners upon whom eligibility was based relinquish ownership or control of such concern, or enter into any agreement to relinquish such ownership or control, such contract or option shall be terminated for the convenience of the Government, except that no repurchase costs or other damages may be assessed against such concerns due solely to the provisions of this subparagraph. "(B) The Administrator may, as a matter of discretion and on a nondelegable basis, waive the requirements of subparagraph (A) if requested to do so prior to the actual relinquishment of ownership or control. In addition to the requirement of the preceding sentence, a waiver may be given only if any of the following conditions exist: "(i) WTien it is necessary for the owners of the concern to surrender partial control of such concern on a temporary basis in order to obtain equity financing. "(ii) The head of the contracting agency for which the contract is being performed certifies that termination of the contract would severely impair attainment of the agency's program objectives or missions; (iii) Ownership and control of the concern that is performing the contract will pass to another small business concern that is a program participant, but only if the acquiring firm would otherwise be eligible to receive the award directly pursuant to subsection (a); "(iv) The individuals upon whom eligibility was based are no longer able to exercise control of the concern due to incapacity or death; or "(v) When, in order to raise equity capital, it is necessary for the disadvantaged owners of the concern to relinquish ownership of a majority of the voting stock of such concern, but only i— f "(I) such concern has exited the Capital Ownership Development Program;

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