Page:United States Statutes at Large Volume 106 Part 2.djvu/116

 106 STAT. 996 PUBLIC LAW 102-366 —SEPT. 4, 1992 15 USC 644 note. (h) PROCUREMENT PROCEDURES. —Restricted competitions pursuant to section 713(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892) shall not be imposed with respect to the designated industry group of architectural and engineering services if the rate of small business participation exceeds 35 percent, until the improvements to the collection of data regarding prime contract awards (as required by subsection (g)) and the system for collecting data regarding other than prime contract awards (as required by subsection (d)) have been implemented, as determined by the Administrator for Federal Procurement Policy. 15 USC 644 note. (i) TEST PLAN AND PoucY DIRECTION.— The Administrator for Federal Procurement Policy shall issue appropriate modifications to the test plan and policy direction issued pursuant to section 715 of the Small Business Competitiveness Demonstration Program Act of 1988, to conform to the amendments made by this section and section 201(a). SEC. 203. AMENDMENTS TO THE DREDGING DEMONSTRATION PRO- GRAM. (a) MODIFICATION OF THE SMALL BUSINESS PARTICIPATION GOALS. —The first sentence of section 722(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3895) is amended— (1) by striking "and" at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting "; and"; and (3) by adding at the end the following new pgiragraph: "(5) not less than 20 percent during fiscal year 1993, and each subsequent year during the term of the program, including not less than 5 percent of the dollar value of suitable contracts that shall be reserved for emerging small business concerns.". (b) EXCLUSION OF CERTAIN CONTRACTS.— Section 722(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3896) is further amended— (1) by striking "total dollar value of contracts" and inserting "aggregate value of all suitable contracts"; and (2) by striking the last sentence and inserting the following: "The total value of contracts to be performed exclusively through the use of so-called dustpan dredges or seagoing hopper dredges is deemed to be generally unsuitable for performance by small business concerns and is to be excluded in calculating whether the rates of small business participation specified in subsection (b) have been attained.". (c) QUALIFIED SMALL BUSINESS COMPETITORS.— Section 722(c) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3896) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: "(2) Prior to making a determination to restrict a solicitation for the performance of a dredging contract for exclusive competition among 2 or more eligible small business concerns in accordance with section 19.5 of the Governmentwide Federal Procurement Regulation (48 C.F.R. 19.5, or any successor thereto), the contracting officer shall make a determination that each anticipated offeror

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