Page:United States Statutes at Large Volume 114 Part 5.djvu/739

 PUBLIC LAW 106-554—APPENDIX I 114 STAT. 2763A-699 (as in effect on the date of the enactment of this paragraph).". Subtitle B—Other HUBZone Provisions SEC. 611. DEFINITIONS. (a) QUALIFIED CENSUS TRACT. —Section 3(p)(4)(A) of the Small Business Act (15 U.S.C. 632(p)(4)(A)) is amended by striking "(D". (b) QUALIFIED NONMETROPOLITAN COUNTY.—Section 3(p)(4) of the Small Business Act (15 U.S.C. 632(p)(4)) is amended by striking subparagraph (B) and inserting the following: "(B) QUALIFIED NONMETROPOLITAN COUNTY.—The term 'qualified nonmetropolitan county* means any county— "(i) that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) at the time of the most recent census taken for purposes of selecting qualified census tracts under section 42(d)(5)(C)(ii) of the Internal Revenue Code of 1986; and " (ii) in which— "(I) the median household income is less than 80 percent of the nonmetropolitan State median household income, based on the most recent data available from the Bureau of the Census of the Department of Commerce; or "(II) the unemployment rate is not less than 140 percent of the Statewide average unemploy- ment rate for the State in which the county is located, based on the most recent data available from the Secretary of Labor.". SEC. 612. ELIGIBLE CONTRACTS. (a) COMMODITIES CONTRACTS.— Section 31(b)(3) of the Small Business Act (15 U.S.C. 657a(b)(3)) is amended— (1) by striking "In any" and inserting the following: "(A) IN GENERAL.— Subject to subparagraph (B), in any; and (2) by adding at the end the following: "(B) PROCUREMENT OF COMMODITIES. — For purchases by the Secretary of Agriculture of agricultural commodities, the price evaluation preference shall be— "(i) 10 percent, for the portion of a contract to be awarded that is not greater than 25 percent of the total volume being procured for each commodity in a single invitation; "(ii) 5 percent, for the portion of a contract to be awarded that is greater than 25 percent, but not greater than 40 percent, of the total volume being procured for each commodity in a single invitation; and "(iii) zero, for the portion of a contract to be awarded that is greater than 40 percent of the total volume being procured for each commodity in a single invitation. "(C) TREATMENT OF PREFERENCE. —^A contract awarded to a HUBZone small business concern under a preference

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