Page:United States Statutes at Large Volume 105 Part 3.djvu/36

 105 STAT. 1920 PUBLIC LAW 102-240—DEC. 18, 1991 individuals" has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) ANNUAL USTING OF DISADVANTAGED BUSINESS ENTER- PRISES.— Each State shall annually survey and compile a list of the small business concerns referred to in paragraph (1) and the location of such concerns in the State and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are also otherwise socially and economically disadvantaged individuals. (4) UNIFORM CERTIFICATION. — The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. (5) STUDY. — (A) IN GENERAL.—The Comptroller General shall conduct a study of the disadvantaged business enterprise program of the Federal Highway Administration (hereinafter in this paragraph referred to as the "program"). (B) CONTENTS.— The study under this paragraph shall include the following: (i) GRADUATION. — A determination of— (I) the percentage of disadvantaged business enterprises which have enrolled in the program and graduated after a period of 3 years; (II) the number of disadvantaged business enterprises which have enrolled in the program and not graduated after a period of 3 years; (III) whether or not the graduation date of any of the disadvantaged business enterprises described in subclause (II) should have been accelerated; (IV) since the program has no graduation time requirements, how many years would appear reasonable for disadvantaged business enterprises to participate in the program; (V) the length of time the average small nondisadvantaged business enterprise takes to be successful in the highway construction field as compared to the average disadvantaged business enterprise; and (VI) to what degree are disadvantaged business enterprises awarded contracts once they are no longer participating in the disadvantaged business program. (ii) OUT-OF-STATE CONTRACTING.— A determination of which State transportation programs meet the requirement of the program for 10 percent participation by disadvantaged business enterprises by contracting with

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