Page:United States Statutes at Large Volume 75.djvu/707

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667

PUBLIC LAW 8 7 - 3 0 5 - S E P T. 26, 1961

Finance Corporation in such report shall be in lieu of any requirement, pursuant to section 106(b) of the Reconstruction Finance Corporation Liquidation Act, and Reorganization Plan Numbered 1 of 1957, that progress reports with respect to such liquidation or winding up of affairs by the Administration be made to the Congress on a quarterly basis."; (2) by striking out "June 30 and" from subsection (b); and (3) by striking out subsection (c) and inserting in lieu thereof the following:, "(c)(1) The Attorney General is directed to make, or direct the Federal Trade Commission to make for him, surveys of any activity of the Government which may affect small business, for the purpose of determining any factors which may tend to eliminate competition, create or strengthen monopolies, promote undue concentration of economic power, or otherwise injure small business. "(2) The Attorney General shall submit to the Congress and the President, at such times as he deems desirable, but not less than once every year, reports setting forth the results of such surveys and including such recommendations as he may deem desirable." (b) The second and third sentences of subsection (e) of section 708 of the Defense Production Act of 1950 are amended to read as follows: "Such surveys shall include studies of the voluntary agreements and programs authorized by this section. The Attorney General shall submit to the Congress and the President at least once every three months reports setting forth the results of such studies of voluntary agreements and programs authorized by this section." SEC. 6. The fifth sentence of section 2(a) of the Act is amended by inserting after "contracts", each place the term appears, the following: "or subcontracts". SEC. 7. Section 8 of the Act is amended by adding at the end thereof a new subsection as follows: " (d)(1) Within ninety days after the effective date of this subsection, the Administrator, the Secretary of Defense, and the Administrator of General Services shall cooperatively develop a small business subcontracting program which shall contain such provisions as may be appropriate to (A) enable small business concerns to be considered fairly as subcontractors and suppliers to contractors performnig work or rendering services as prime contractors or subcontractors under Government procurement contracts, (B) insure that such prime contractors and subcontractors will consult through the appropriate procuring agency with the Administration when requested by the Administration, and (C) enable the Administration to obtain from any Government procurement agency such available or reasonably obtainable information and records concerning subcontracting by its prime contractors and their subcontractors as the Administration may deem necessary: Provided, That such program shall not authorize the Administration to (i) prescribe the extent to which any contractor or subcontractor shall subcontract, (ii) specify the business concerns to which subcontracts shall be granted, or (iii) vest in the Administration authority respecting the administration of individual prime contracts or subcontracts: Provided further. That such program shall provide that in evaluating bids or selecting contractors for negotiated contracts, the extensive use of subcontractors by a proposed contractor shall be considered a favorable factor. The Secretary of Defense and the Administrator of General Services each shall promulgate regulations implementing the program as developed: Provided, That prior to the promulgation of such regulations, or any changes therein, the concurrence of the Administration shall be obtained, and if such concurrence cannot be obtained the matter in disagreement

67 Stat. 231. 15 USC 609 note. 71 Stat. 647. 15 USC 60 I note. 15 USC 639.

Surveys.

Survey reports.

69 Stat. 581. 50 USC a p p. 2158.

15 USC 631.

15 USC 637. S m a l l business s ub c o n t r acting program.

Promulgation of regulations.

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