Page:United States Statutes at Large Volume 104 Part 4.djvu/503

 PUBLIC LAW 101-574—NOV. 15, 1990 104 STAT. 2819 Small Business Act, shall be considered to have demonstrated reasonable prospects for success, if— (A) the individual or individuals upon whom eligibility is to be based have substantial and demonstrated business management experience; (B) the prospective Program Participant has demonstrated technical expertise to carry out its business plan with a substantial likelihood for success; (C) the prospective Program Participant has adequate capital to carry out its business plan; (D) the prospective Program Participant has a record of > successful performance on contracts from governmental and nongovernmental sources in the primary industry category in which the prospective Program Participant is seeking Program certification; and (E) the prospective Program Participant has, or can demonstrate its ability to timely obtain, the personnel, facilities, equipment, and any other requirements needed to perform such contracts. (2) The authority to make the determination that a prospective Program Participant has demonstrated its potential for success by meeting the criteria specified in paragraph (1) of this subsection shall be made by the Administrator of the Small Business Administration, or a designee of such officer. SEC. 204. SIZE DETERMINATIONS RELATING TO TRIBALLY OWNED BUSI- NESS CONCERNS. (a) AFFIUATION RULES. —Section 70'XlOXJXii) of the Small Business Act (15 U.S.C. 636(j)(10XJXii)) is amended to read as follows: "(iiXD Except as authorized by subclauses (II) or (III), no award shall be made pursuant to section 8(a) to a concern other than a smsdl business concern. "(II) In determining the size of a small business concern owned by a socially and economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe), each firm's size shall be independently determined without regard to its affiliation with the tribe, any entity of the tribal government, or any other business enterprise owned by the tribe, unless the Administrator determines that one or more such tribally owned business concerns have obtained, or are likely to obtain, a substantial unfair competitive advantage within an industry category. "(Ill) Any joint venture established under the authority of section 602(b) of Public Law 100-656, the 'Business Opportunity Development Reform Act of 1988', shall be eligible for award of a contract pursuant to section 8(a).". (b) TRIBAL HOLDING COMPANIES. —Section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)) is amended by inserting— (1) in clause (A)(i)(II), after the word "tribe" the parenthetical phrase "(or a wholly owned business entity of such tribe)"; and (2) in clause (A)(iiXID, after the word "tribe" the parenthetical phrase "(or a wholly owned business entity of such tribe)". SEC. 205. JOINT VENTURES WITH TRIBALLY OWNED PARTICIPANTS IN THE 8(a) PROGRAM. Section 602 of the Business Opportunity Development Reform Act of 1988 (15 U.S.C. 637 note) is amended—

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