Page:United States Statutes at Large Volume 102 Part 4.djvu/922

 102 STAT. 3892

PUBLIC LAW 100-656—NOV. 15, 1988

SEC. 713. PROCUREMENT PROCEDURES. (a) FULL AND OPEN COMPETITION.—Except as provided in subsec-

tions (b) and (c), each contract opportunity with an anticipated value of $25,000 or more for the procurement of services from firms in the designated industry groups (unless set aside pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) or section 1207 of the National Defense Authorization Act for Fiscal Year 1987) shall be solicited on an unrestricted basis during the term of the Program, if the participating agency has attained its small business participation goal pursuant to section 712(a). Any regulatory requirements which are inconsistent with this provision shall be waived. (b) RESTRICTED COMPETITION.—If a participating agency has failed

to attain its small business participation goal under section 712(a), subsequent contracting opportunities, which are in excess of the reserve thresholds specified pursuant to section 712(b) shall be solicited through a competition restricted to eligible small business concerns pursuant to section 15(a) of the Small Business Act (15 U.S.C. 644(a)) to the extent necessary for such agency to attain its goal. Such modifications in the participating agency's solicitation practices shall be made as soon as practicable, but not later than the beginning of the quarter following completion of the review made pursuant to section 712(d) indicating that changes to solicitation practices are required. Such participating agency shall comply with the requirements of subsection (a) upon determining that its contract awards to small business concerns meet the required goals. (c) RELATIONSHIP WITH THE COMPETITION IN CONTRACTING ACT OF

1984.—Subsections (a) and (b) shall not be construed to supersede the application of the Competition in Contracting Act of 1984 (98 Stat. 1175). SEC. 714. REPORTING.

(a) AWARDS OF $25,000 OR LESS.—During the term of the Small Business Competitiveness Demonstration Program, each award of $25,000 or less made by a participating agency for the procurement of a service in any of the designated industry categories shall be reported to the Federal Procurement Data Center in the same manner as if the purchase were in excess of $25,000. (b) SUBCONTRACTING ACTIVITY.—The Administrator for Federal Procurement Policy shall devise and implement, during the term of the Program, a simplified system to test the collection, reporting, and monitoring of data on subcontract awards to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals for— (1) services in each of the designated industry groups; and (2) products or services from industry categories selected for participation in the small business participation expansion program, pursuant to section 712(c). (c) SIZE OF SMALL BUSINESS CONCERNS.—During the term of the Program, each participating agency shall collect data pertaining to the size of the small business concern receiving any award for the procurement of— (1) services in each of the designated industry groups; and (2) products or services from industry categories selected for participation in the small business participation expansion program, pursuant to section 712(d).

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