Page:United States Statutes at Large Volume 124.djvu/2570

 124 STAT. 2544 PUBLIC LAW 111–240—SEPT. 27, 2010 set aside, or otherwise classified as intended for award to small business concerns. ‘‘(B) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement which in any way encourages a Federal agency to classify the bid or proposal, if awarded, as an award to a small business concern. ‘‘(C) Registration on any Federal electronic database for the purpose of being considered for award of a Federal grant, contract, subcontract, cooperative agreement, or cooperative research agreement, as a small business con- cern. ‘‘(3) CERTIFICATION BY SIGNATURE OF RESPONSIBLE OFFI- CIAL.— ‘‘(A) IN GENERAL.—Each solicitation, bid, or application for a Federal contract, subcontract, or grant shall contain a certification concerning the small business size and status of a business concern seeking the Federal contract, sub- contract, or grant. ‘‘(B) CONTENT OF CERTIFICATIONS.—A certification that a business concern qualifies as a small business concern of the exact size and status claimed by the business concern for purposes of bidding on a Federal contract or sub- contract, or applying for a Federal grant, shall contain the signature of an authorized official on the same page on which the certification is contained. ‘‘(4) REGULATIONS.—The Administrator shall promulgate regulations to provide adequate protections to individuals and business concerns from liability under this subsection in cases of unintentional errors, technical malfunctions, and other similar situations.’’. SEC. 1342. ANNUAL CERTIFICATION. Section 3 of the Small Business Act (15 U.S.C. 632), as amended by section 1341, is amended by adding at the end the following: ‘‘(x) ANNUAL CERTIFICATION.— ‘‘(1) IN GENERAL.—Each business certified as a small busi- ness concern under this Act shall annually certify its small business size and, if appropriate, its small business status, by means of a confirming entry on the Online Representations and Certifications Application database of the Administration, or any successor thereto. ‘‘(2) REGULATIONS.—Not later than 1 year after the date of enactment of this subsection, the Administrator, in consulta- tion with the Inspector General and the Chief Counsel for Advocacy of the Administration, shall promulgate regulations to ensure that— ‘‘(A) no business concern continues to be certified as a small business concern on the Online Representations and Certifications Application database of the Administra- tion, or any successor thereto, without fulfilling the require- ments for annual certification under this subsection; and ‘‘(B) the requirements of this subsection are imple- mented in a manner presenting the least possible regu- latory burden on small business concerns.’’. Deadline.