Page:United States Statutes at Large Volume 98 Part 3.djvu/707

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3079

or would disclose proprietary information associated with the proposal; or "(ii) a proposal submitted under section 9 of the Small Business Act; "(C) the procurement is made against an order placed under a requirements contract; "(D) the procurement is made for perishable subsistence supplies; or "(E) the procurement is for utility services, other than telecommunication services, and only one source is available. "(2) The requirements of subsection (a)(l)(A) do not apply to any procurement under conditions described in paragraph (2), (3), (4), (5), or (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or paragraph (2), (3), (4), (5), or (7) of section 2304(c) of title 10, United States Code. "(3) The requirements of subsection (a)(l)(A) shall not apply in the case of any procurement for which the head of the executive agency makes a determination in writing, after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation. "(d) An executive agency shall make available to any business concern, or the authorized representative of such concern, the complete solicitation package for any on-going procurement announced pursuant to a notice under subsection (e). An executive agency may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of such package.". (b) The amendment made by subsection (a) shall take effect with respect to any solicitation issued after March 31, 1985. (c) The provisions of the amendment made by subsection (a) of this section shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds. TITLE IV—AMENDMENTS TO THE SMALL BUSINESS ACT CERTIFICATE OF COMPETENCY

SEC. 401. Section 8(b)(7)(C) of the Small Business Act (15 U.S.C. 637(b)(7)(C)) is amended by adding at the end thereof the following: "Notwithstanding the first sentence of this subparagraph, the Administration may not establish an exemption from referral or notification or refuse to accept a referral or notification from a Government procurement officer made pursuant to subparagraph (A) or (B) of this paragraph, but nothing in this paragraph shall require the processing of an application for certification if the small business concern to which the referral pertains declines to have the application processed.". SMALL BUSINESS SUBCONTRACTING POLICY STATEMENTS

SEC. 402. (a) Section 8(d)(l) of the Small Business Act (15 U.S.C. 637(d)(l)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of

Utilities.

Public information.

Effective date. 41 USC 416 note. Tennessee Valley Authority. 41 USC 416 note.

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