Page:United States Statutes at Large Volume 104 Part 4.djvu/504

 104 STAT. 2820 PUBLIC LAW 101-574—NOV. 15, 1990 (1) in subsection (c), by striking "two" and inserting "5", and (2) in subsection (e), by striking "September 30, 1991" and inserting "September 30, 1994". SEC. 206. SURETY BOND WAIVER AUTHORITY. Section 7(j)(13XD)(iii) of the Small Business Act (15 U.S.C. 636(j)(13)(D)(iii)) is amended by striking "October 1, 1992" and inserting "October 1, 1994". SEC. 207. ESTABLISHING AWARD ELIGIBILITY FOR CONTRACT OPPORTUNITIES COMPETED UNDER SECTION 8(a). Section 8(a)(l) of the Small Business Act (15 U.S.C. 637(a)(l)) is amended— (1) by striking subparagraph (B); (2) by striking the flush left sentence following subparagraph (C); (3) by redesignating subparagraph (C) as subparagraph (B); and (4) by adding a new subparagraph (C) as follows: "(C) to make an award to a small business concern owned and controlled by socially and economically disadvantaged individuals which has completed its period of Program Participation as prescribed by section 7(j)(15), if— "(i) the contract will be awarded as a result of an offer (including price) submitted in response to a published solicitation relating to a competition conducted pursuant to subparagraph (D); and "(ii) the prospective contract awardee was a Program Participant eligible for award of the contract on the date specified for receipt of offers contained in the contract solicitation.". SEC. 208. BUNDLING OF CONTRACTS. Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended by adding before "Whenever" the following new sentences: "If a proposed procurement includes in its statement of work goods or services currently being performed by a small business, and if the proposed procurement is in a quantity or estimated dollar value the magnitude of which renders small business prime contract participation unlikely, or if a proposed procurement for construction seeks to package or consolidate discrete construction projects, the Procurement Activity shall provide a copy of the proposed procurement to the Procurement Activity's Small Business Procurement Center Representative at least 30 days prior to the solicitation's issuance along with a statement explaining (1) why the proposed acquisition cannot be divided into reasonably small lots (not less than economic production runs) to permit offers on quantities less than the total requirement, (2) why delivery schedules cannot be established on a realistic basis that will encourage small business participation to the extent consistent with the actual requirements of the Government, (3) why the proposed acquisition cannot be offered so as to make small business participation likely, or (4) why construction cannot be procured as separate discrete projects. The thirty-day notification process shall occur concurrently with other processing steps required prior to issuance of the solicitation. Within 15 days after receipt of the proposed procurement and accompanying statement, if the Procurement Center Representative believes that the

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