Page:United States Statutes at Large Volume 92 Part 2.djvu/487

 PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1767

SEC. 207. Nothing in this chapter is intended to duplicate or limit 15 USC 647 note, any programs or projects administered by the Department of Commerce. CHAPTER 2

SEC. 211. Section 8(d) of the Small Business Act is amended to read Contract opportunities for as follows: "(d)(1) It is the policy of the United States that small business certain small concerns, and small business concerns owned and controlled by socially business concerns. and economically disadvantaged individuals, shall have the maximum 15 USC 637. practicable opportunity to participate in the performance of contracts let by any Federal agency. "(2) The clause stated in paragraph (3) shall be included in all contracts let by any Federal agency except any contract which— " (A) does not exceed $10,000; "(B) including all subcontracts under such contracts will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or "(C) is for services which are personal in nature. "(3) The clause required by paragraph (2) shall be as follows: " '(A) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency. " ' (B) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the ej[ficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the contractor's compliance with this clause. " ' (C) As used in this contract, the term "small business con- Definitions. cern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated 15 USC 632. pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern— " '(i) which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and " ' ( i i) whose management and daily business operations are controlled by one or more of such individuals. " 'The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. ' " (D) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.'

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