Page:United States Statutes at Large Volume 102 Part 4.djvu/918

 102 STAT. 3888

PUBLIC LAW 100-656—NOV. 15, 1988

graphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and (13)). (b) JOINT VENTURES.—The Administration is authorized to award

a contract pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) to a joint venture notwithstanding the size status of such joint venture if— (1) a party to the joint venture is a Program Participant that is owned and controlled by an economically disadvantaged Indian tribe (as defined pursuant to paragraphs (4) and (13) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and (13)); and (2) such Program Participant: (A) owns 51 per centum or more of such joint venture; (B) is located on the reservation of such tribe; (C) performs most of its activities on such reservation; and (D) employs members of such tribe for a t least 50 per centum of its total workforce. (c) LIMITATIONS.—A Program Participant, as a party to a joint venture shall receive no more than two contracts due solely to the provisions of subsection (b). (d) ELIGIBILITY OF MORE THAN O N E CONCERN.—The Administra-

tion may permit more than one small business concern owned by a socially and economically disadvantaged Indian tribe to be eligible for assistance pursuant to this section 7(j)(10) and section 8(a) of the Small Business Act (15 U.S.C. 6360')(10) and 637(a)) if— (1) the Indian tribe does not own another firm in the same industry which has been determined to be eligible to receive contracts under this program, and (2) the individuals responsible for the management and daily operations of the concern do not manage more than two Program Participants. (e) SUNSET.—Subsection (b) shall cease to be effective after September 30, 1991. SEC. 603. DIRECTORS OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.

15 USC 644.

Section 15(k) of the Small Business Act is amended by— (1) amending paragraph (3) to read as follows: "(3) be responsible only to, and report directly to, the head of such agency or to the deputy of such head, except that the director for the Office of the Secretary of Defense shall be responsible only to, and report directly to, such Secretary or the Secretary's designee;"; (2) striking "and" at the end of paragraph (7); (3) striking the period at the end of paragraph (8) and inserting in lieu thereof ", and"; and (4) adding at the end thereof the following new paragraph: "(9) make recommendations to contracting officers as to whether a particular contract requirement should be awarded pursuant to subsection (a), or section 8(a) of this Act or section 1207 of Public Law 99-661. Such recommendations shall be made with due regard to the requirements of subsection (m), and the failure of the contracting officer to accept any such recommendations shall be documented and included within the appropriate contract file.".

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