Page:United States Statutes at Large Volume 106 Part 3.djvu/653

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2447 "(2) The regulations required by paragraph (1) shall ensure that, with respect to a sealed bid or competitive proposal for which the bidder or offeror is required to negotiate or submit a subcontracting plan under section 8(d) of the Small Business Act (15 U.S.C. 637(d)), the subcontracting plan shall be a factor in evaluating the bid or proposal.". SEC. 803. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. Of the amounts authorized to be appropriated for fiscal year 1993 pursuant to title II of this Act, $15,000,000 shall be available for such fiscal year for infirastructure assistance to historically Black colleges and universities and minority institutions under section 2323(c)(3) of title 10, United States Code. SEC. 804. CERTIFICATE OF COMPETENCY REQUIREMENTS. 10 USC 2305 (a) REQUIREMENT TO PROVIDE NOTICE IN SOUCITATION. —In "°*^ the case of a contract to be entered into pursuant to the provisions of chapter 137 of title 10, United States Code, other than pursuant to simplified procedures referred to in section 2304(g) of such title, the solicitation for the contract shall contain a notice of the right of any small business concern bidding on the contract, in the case of a determination by the contracting officer that the concern is nonresponsible, to request the Small Business Administration to make a determination of the concern's responsibility under section 8(b)(7) of the Small Business Act (15 U.S.C. 637(b)(7)). (b) REQUIREMENT TO PROVIDE NOTICE OF DETERMINATION OF NONRESPONSIBILITY.—If the Contracting officer determines that the small business concern bidding on the contract is nonresponsible, the contracting officer shall notify the small business concern in writing that the contracting officer has determined the concern to be nonresponsible, that the concern has the right to request the Small Business Administration to make a determination of the concern's responsibility, and that, if the small business concern desires to request such a determination by the Administration, the small business concern shall inform the contracting officer in writing, within 14 days after receipt of the notice from the contracting officer, of the concern's desire to request such a determination. After being so informed, the Government procurement officer shall transmit the request, together with pertinent documents, to the Administration. If the Government procurement officer is not so informed within such 14 days, the procurement officer may proceed with awcurd of the contract. (c) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect on October 1, 1992, and shall apply to solicitations for contracts issued after the expiration of the 120-day period beginning on the date of the enactment of this Act. (d) REPORT. —Not later than October 1, 1994, the Secretary of Defense shall submit to Congress a report on the effectiveness and results of implementing the requirements of subsections (a) and (b), including such recommendations as the Secretary considers appropriate. (e) TERMINATION. —Subsections (a) and (b) shall cease to be in effect on September 30, 1995. SEC. 80S. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. (a) EXTENSION OF PROGRAM. —Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and

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