15 U.S.C. § 637

Editorial Notes

References in Text

Pub. L. 85–699Aug. 21, 195872 Stat. 689 section 661 of this titleThe Small Business Investment Act of 1958, referred to in subsecs. (a)(2)(C), (21)(D), and (b)(13), is , , , which is classified principally to chapter 14B (§ 661 et seq.) of this title. Title IV of the Small Business Investment Act of 1958 is classified generally to subchapter IV–A (§ 692 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 92–203Dec. 18, 197185 Stat. 688 section 1601 of Title 43The Alaska Native Claims Settlement Act, referred to in subsec. (a)(13), is , , , which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 35(a) of title 41section 35(b) of Title 41Pub. L. 103–355, title VII, § 7201(1)Oct. 13, 1994108 Stat. 3378 Section 35 of title 41Pub. L. 111–350Jan. 4, 2011124 Stat. 3677 Section 6510 of Title 41section 101 of Title 41, referred to in subsecs. (a)(17)(B)(iii) and (b)(7)(B), was struck out and former , Public Contracts, redesignated section 35(a) by , , . was subsequently repealed and restated as sections 6501(1) and 6502 of Title 41, Public Contracts, by , §§ 3, 7(b), , , 3855. now provides for determination of “regular dealer” by Secretary of Labor. For disposition of sections of former Title 41, see Disposition Table preceding .

Pub. L. 99–509Oct. 21, 1986100 Stat. 1934 section 3801 of Title 31The Program Fraud Civil Remedies Act of 1986, referred to in subsec. (a)(18)(C)(iv), subsequently renamed the Administrative False Claims Act, is subtitle B of title VI of , , , which is classified generally to chapter 38 (§ 3801 et seq.) of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–533Oct. 25, 1988102 Stat. 2689 section 631 of this titleThe Women’s Business Ownership Act of 1988, referred to in subsec. (b)(1)(G), is , , . Title IV of the Act is classified generally to chapter 97 (§ 7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under and Tables.

42 U.S.C. 1460section 5316 of Title 4242 U.S.C. 1450Jan. 1, 1975Section 110 of the Housing Act of 1949 [], referred to in subsec. (b)(14), was omitted from the Code pursuant to , The Public Health and Welfare, which terminated authority to make grants or loans under title I of that Act [ et seq.] after .

Sections 3, 8, and 31 of the Small Business Act, referred to in subsec. (d)(3)(C), (E)(ii), (G), (H), are classified to sections 632, 637, and 657a, respectively, of this title.

section 5332 of Title 5The General Schedule, referred to in subsec. (h)(1)(A)(ii), is set out under .

Section 414 of title 41Pub. L. 108–136, div. A, title XIV, § 1421(a)(1)Nov. 24, 2003117 Stat. 1666 Section 414(c) of title 41section 1702(c) of Title 41Pub. L. 111–350Jan. 4, 2011124 Stat. 3677 section 101 of Title 41, referred to in subsec. (h)(1)(A)(iii), was amended generally by , , , and, as so amended, the substance of par. (3) was restated in subsec. (c)(1) of section 414. was subsequently repealed and restated as , Public Contracts, by , §§ 3, 7(b), , , 3855. For disposition of sections of former Title 41, see Disposition Table preceding .

Codification

Pub. L. 99–591Pub. L. 99–500 is a corrected version of .

section 3131 of title 40August 24, 193549 Stat. 793 Pub. L. 107–217, § 5(c)Aug. 21, 2002116 Stat. 1303 In subsec. (a)(2), “subsections (a), (b), and (e) of ” substituted for “subsections (a) and (c) of the first section of the Act entitled ‘An Act requiring contracts for the construction, alteration, and repair of any public building or public work of the United States to be accompanied by a performance bond protecting the United States and by additional bond for the protection of persons furnishing material and labor for the construction, alteration, or repair of said public buildings or public work,’ approved ()” on authority of , , , the first section of which enacted Title 40, Public Buildings, Property, and Works.

41 U.S.C. 601–613Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (d)(4)(F)(ii), “chapter 71 of title 41” substituted for “the Contract Disputes Act of 1978 ()” on authority of , , , which Act enacted Title 41, Public Contracts.

section 1302(a) of title 4141 U.S.C. 421(a)section 1303(a) of title 41Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (d)(13)(E), “” substituted for “section 25(a) of the Office of Federal Procurement Policy Act ()” and “” substituted for “section 25 of such Act” on authority of , , , which Act enacted Title 41, Public Contracts.

section 1708(d) of title 4141 U.S.C. 416(a)(7)Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (e)(2)(A)(i), “” substituted for “section 18(a)(7) of the Office of Federal Procurement Policy Act ()” on authority of , , , which Act enacted Title 41, Public Contracts.

section 3304(a) of title 4141 U.S.C. 253(c)Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (g)(2), “paragraph (2), (3), (4), (5), or (7) of ” substituted for “paragraph (2), (3), (4), (5), or (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 ()” on authority of , , , which Act enacted Title 41, Public Contracts.

41 U.S.C. 251Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (h)(1)(B), “division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “title III of the Federal Property and Administrative Services Act of 1949 ( et seq.)” on authority of , , , which Act enacted Title 41, Public Contracts.

section 3304(e) of title 4141 U.S.C. 253(f)(2)section 3304(e)(1) of title 41section 2304(f)(1) of title 10Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (h)(2), “paragraphs (3) and (4) of ” substituted for “section 303(f)(2) of the Federal Property and Administrative Services Act of 1949 ()” and “ or ” substituted for “section 303(f)(1) of such Act or section 2304(f)(1) of such title” on authority of , , , which Act enacted Title 41, Public Contracts.

section 133 of title 4141 U.S.C. 403(1)Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (j), “” substituted for “section 4(1) of the Office of Federal Procurement Policy Act ()” on authority of , , , which Act enacted Title 41, Public Contracts.

section 2101(1) of title 4141 U.S.C. 423(f)(5)Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 In subsec. (m)(1)(A), “” substituted for “section 27(f)(5) of the Office of Federal Procurement Policy Act ()” on authority of , , , which Act enacted Title 41, Public Contracts.

Prior Provisions

act July 30, 1953, ch. 282, title II 67 Stat. 235–239 Aug. 9, 1955, ch. 628 69 Stat. 547 Feb. 2, 1956, ch. 29 70 Stat. 10 section 631 of this titlePrior similar provisions were contained in sections 207(b)(2), (b)(4), 208, 210, 212 and 216 of , , as amended by acts , §§ 2, 5, 7, , 550; , §§ 2, 3, , which were previously classified to this section and sections 636, 639, 641, and 645 of this title. See Codification note set out under .

Amendments

Pub. L. 118–1592024—Subsec. (b)(17). substituted “Forces, provided that—” for “Forces.” and added subpars. (A) to (G).

Pub. L. 118–31, § 862(a)(1)2023—Subsec. (d)(13)(B)(i). , substituted “30 days” for “90 days”.

Pub. L. 118–31, § 862(a)(2)Subsec. (d)(13)(C). , inserted dash after “contract” and cl. (i) designation before “shall” and added cl. (ii).

Pub. L. 118–31, § 862(a)(3)Subsec. (d)(13)(D). , substituted “subparagraph (F)” for “subparagraph (E)”.

Pub. L. 118–31, § 862(a)(4)Subsec. (d)(13)(E), (F). , (5), added subpar. (E) and redesignated former subpar. (E) as (F).

Pub. L. 117–263section 4902 of title 10Public Law 101–51010 U.S.C. 23012022—Subsec. (d)(12). substituted “the Mentor-Protege Program established under ” for “the pilot Mentor-Protege Program established pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (; note)” and “subsection (f)” for “subsection (g)”.

Pub. L. 116–283, § 864(1)(A)2021—Subsec. (a)(1)(D)(i)(II). , substituted “$7,000,000” for “$5,000,000”.

Pub. L. 116–283, § 868(b)Subsec. (d)(17). , amended par. (17) generally. Prior to amendment, par. (17) related to pilot program providing past performance ratings for other small business subcontractors.

Pub. L. 117–81, § 1702(e)(2)(A)Subsec. (g)(2). , substituted “section 3204(a)” for “section 2304(c)”.

Pub. L. 117–81, § 1702(e)(2)(B)(i)Subsec. (h)(1)(B). , substituted “sections 3201 through 3205” for “chapter 137”.

Pub. L. 117–81, § 1702(e)(2)(B)(ii)Subsec. (h)(2). , substituted “paragraphs (3) and (4) of section 3204(e)” for “section 2304(f)(2)” and “section 3204(e)(1)” for “section 2304(f)(1)”.

Pub. L. 116–283, § 864(1)(B)(i)Subsec. (m)(7)(B)(i). , substituted “$7,000,000” for “$6,500,000”.

Pub. L. 116–283, § 864(1)(B)(ii)Subsec. (m)(8)(B)(i). , substituted “$7,000,000” for “$6,500,000”.

Pub. L. 116–92, § 870(b)2019—Subsec. (d)(6)(G) to (I). , added subpar. (G), redesignated former subpars. (G) and (H) as (H) and (I), respectively, and realigned margins.

Pub. L. 116–92, § 870(a)Subsec. (d)(16). , amended par. (16) generally. Prior to amendment, par. (16) related to credit for certain subcontractors.

lPub. L. 116–92, § 877(d)section 636(n)(1) of this titleSubsec. (). , designated existing provisions as par. (1) and inserted heading, struck out “(as defined in )” before period at end, and added par. (2).

Pub. L. 115–91, § 1701(a)(4)(C)2017—Subsec. (d)(3)(G). , substituted “section 31(b)” for “section 3(p) of the Small Business Act”.

Pub. L. 115–91, § 1706(b)Subsec. (d)(17)(A). , substituted “paragraph (13)(A)” for “paragraph 13(A)”.

Pub. L. 115–91, § 1706(a)(1)(A)Subsec. (d)(17)(G)(i). , inserted “and, set forth separately, the number of small business exporters,” after “small business concerns”.

Pub. L. 115–91, § 1706(a)(1)(B)Subsec. (d)(17)(G)(ii). , inserted “, set forth separately by applications from small business concerns and from small business exporters,” after “applications”.

Pub. L. 115–91, § 1706(a)(2)Subsec. (d)(17)(H). , amended subpar. (H) generally. Prior to amendment, text read as follows: “In this paragraph, the term ‘appropriate official’ means—

“(i) a commercial market representative;

“(ii) another individual designated by the senior official appointed by the Administrator with responsibilities under sections 637, 644, 657a, and 657f of this title; or

“(iii) the Office of Small and Disadvantaged Business Utilization of a Federal agency, if the head of the Federal agency and the Administrator agree.”

Pub. L. 114–328, § 1832(c)2016—Subsec. (d)(3)(H). , added subpar. (H).

Pub. L. 114–328, § 1821(a)Subsec. (d)(9). , inserted par. heading, added subpar. (C), and realigned margins.

Pub. L. 114–328, § 1822Subsec. (d)(17). , added par. (17).

Pub. L. 114–92, § 864(a)(1)section 644(a) of this titlesection 657a of this titlesection 657f of this titlesection 644 of this title2015—Subsec. (a)(17)(A). , substituted “any procurement contract, which contract has as its principal purpose the supply of a product to be let pursuant to this subsection, subsection (m), , , or ,” for “any procurement contract for the supply of a product to be let pursuant to this subsection or subsection (a) of ”.

Pub. L. 114–92, § 864(a)(2)Subsec. (a)(17)(C). , added subpar. (C).

Pub. L. 113–291, § 825(a)(1)2014—Subsec. (m)(2)(E). , amended subpar. (E) generally. Prior to amendment, text read as follows: “each of the concerns—

“(i) is certified by a Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or

“(ii) certifies to the contracting officer that it is a small business concern owned and controlled by women and provides adequate documentation, in accordance with standards established by the Administration, to support such certification.”

Pub. L. 113–291, § 825(a)(2)Subsec. (m)(5). , substituted “paragraph (2)(E)” for “paragraph (2)(F)” wherever appearing.

Pub. L. 113–291, § 825(a)(3)Subsec. (m)(7), (8). , added pars. (7) and (8).

Pub. L. 112–239, § 1696(b)(2)2013—Subsec. (a)(14). , added par. (14) and struck out former par. (14) which read as follows:

“(A) A concern may not be awarded a contract under this subsection as a small business concern unless the concern agrees that—

“(i) in the case of a contract for services (except construction), at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern; and

“(ii) in the case of a contract for procurement of supplies (other than procurement from a regular dealer in such supplies), the concern will perform work for at least 50 percent of the cost of manufacturing the supplies (not including the cost of materials).

o“(B) The Administrator may change the percentage under clause (i) or (ii) of subparagraph (A) if the Administrator determines that such change is necessary to reflect conventional industry practices among business concerns that are below the numerical size standard for businesses in that industry category. A percentage established under the preceding sentence may not differ from a percentage established under section 644() of this title.

o“(C) The Administration shall establish, through public rulemaking, requirements similar to those specified in subparagraph (A) to be applicable to contracts for general and specialty construction and to contracts for any other industry category not otherwise subject to the requirements of such subparagraph. The percentage applicable to any such requirement shall be determined in accordance with subparagraph (B), except that such a percentage may not differ from a percentage established under section 644() of this title for the same industry category.”

Pub. L. 113–66, § 1614(a)(1)Subsec. (d)(6)(D). , substituted “, and assurances at a minimum that the offeror or bidder, and all subcontractors required to maintain subcontracting plans pursuant to this paragraph, will—” for semicolon at end and added cls. (i) to (vi).

Pub. L. 113–66, § 1614(a)(2)Subsec. (d)(6)(G), (H). , (3), added subpar. (G) and redesignated former subpar. (G) as (H).

Pub. L. 112–239, § 1653(a)(1)Subsec. (d)(7), (8). , (2), added par. (7) and redesignated former par. (7) as (8). Former par. (8) redesignated (9).

Pub. L. 112–239, § 1653(a)(3)Subsec. (d)(9). , substituted “shall be a material breach of such contract or subcontract and may be considered in any past performance evaluation of the contractor” for “shall be a material breach of such contract or subcontract” in concluding provisions.

Pub. L. 112–239, § 1653(a)(1), redesignated par. (8) as (9). Former par. (9) redesignated (10).

Pub. L. 112–239, § 1653(a)(1)Subsec. (d)(10). , redesignated par. (9) as (10). Former par. (10) redesignated (11).

Pub. L. 112–239, § 1653(a)(1)Subsec. (d)(11). , redesignated par. (10) as (11). Former par. (11) redesignated (12).

Pub. L. 112–239, § 1653(a)(4)Subsec. (d)(11)(C). , substituted “as a supplement to evaluations performed by the contracting agency, either on a contract-by-contract basis or, in the case of contractors” for “, either on a contract-by-contract basis, or in the case contractors”.

Pub. L. 112–239, § 1653(a)(1)Subsec. (d)(12), (13). , redesignated pars. (11) and (12) as (12) and (13), respectively.

Pub. L. 112–239, § 1653(a)(5)Subsec. (d)(14), (15). , added pars. (14) and (15).

Pub. L. 113–66, § 1614(a)(4)Subsec. (d)(16). , added par. (16).

Pub. L. 112–239, § 1654Subsec. (k)(1). , substituted “on the appropriate Federal Web site (as determined by the Administrator)” for “in the Commerce Business Daily”.

Pub. L. 112–239, § 1697(a)Subsec. (m)(2)(D) to (F). , redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “the anticipated award price of the contract (including options) does not exceed—

“(i) $5,000,000, in the case of a contract assigned an industrial classification code for manufacturing; or

“(ii) $3,000,000, in the case of all other contracts;”.

Pub. L. 111–240, § 13222010—Subsec. (d)(6)(G). , added subpar. (G).

Pub. L. 111–240, § 1334Subsec. (d)(12). , added par. (12).

Pub. L. 108–447, § 132(b)2004—Subsec. (b)(1)(A). , (c), temporarily struck out cl. (ii), substituted “to provide technical, managerial, and informational aids to small business concerns—” for “to provide—

“(i) technical, managerial, and informational aids to small business concerns—”,

redesignated subcls. (I) to (IV) of former cl. (i) as cls. (i) to (iv), respectively, substituted a period for “; and” at end of cl. (iv), and redesignated items (aa) and (bb) of former subcl. (II) as subcls. (I) and (II), respectively.

Pub. L. 108–447, § 141(a)ProvidedSubsec. (b)(1)(B). , substituted “purposes of subparagraph (A). To facilitate” for “purposes of subparagraph (A); and to facilitate”, “shall maintain at its headquarters and pay the salaries, benefits, and expenses of a volunteer and professional staff to manage and oversee the program. Any” for “may maintain at its headquarters and pay the expenses of a team of volunteers subject to such conditions and limitations as the Administration deems appropriate: , That any”, and “and the management of the contributions received.” for period at end.

Pub. L. 108–447, § 144Subsec. (b)(17). , inserted before period at end “, veterans, and members of a reserve component of the Armed Forces”.

Pub. L. 106–554, § 1(a)(9) [title VIII, § 807]2000—Subsec. (a)(15)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is a not-for-profit organization chartered by the State of Hawaii,”.

Pub. L. 106–554, § 1(a)(9) [title V, § 504(a)]Subsec. (b)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “to provide technical and managerial aids to small-business concerns, by advising and counseling on matters in connection with Government procurement and property disposal and on policies, principles, and practices of good management, including but not limited to cost accounting, methods of financing, business insurance, accident control, wage incentives, computer security, and methods engineering, by cooperating and advising with voluntary business, professional, educational, and other nonprofit organizations, associations, and institutions and with other Federal and State agencies, by maintaining a clearinghouse for information concerning the managing, financing, and operation of small-business enterprises, including information on the benefits and risks of franchising, by disseminating such information, and by such other activities as are deemed appropriate by the Administration; and In the case of cosponsored activities which include the participation of a Federal, State, or local public official or agency, the Administration shall take such actions as it deems necessary to ensure that the cooperation does not constitute or imply an endorsement by the Administration of or give undue recognition to the public official or agency, and the Administration shall ensure that it receives appropriate recognition in all cosponsored printed materials, whether the participant is a profit making concern or a governmental agency or public official.”

Pub. L. 106–554, § 1(a)(9) [title VIII, § 809]Subsec. (b)(1)(B). , inserted at end “Notwithstanding any other provision of law, SCORE may solicit cash and in-kind contributions from the private sector to be used to carry out its functions under this chapter, and may use payments made by the Administration pursuant to this subparagraph for such solicitation.”

Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(1)]Subsec. (d)(1). , inserted “small business concerns owned and controlled by veterans,” after “small business concerns,” the first place appearing in the first and second sentences.

Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(2)(A)]Subsec. (d)(3)(A). , inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns owned and controlled by veterans,” in two places.

Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(2)(B)]Subsec. (d)(3)(F). , inserted “small business concern owned and controlled by service-disabled veterans,” after “small business concern owned and controlled by veterans,”.

Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(3)]Subsec. (d)(4)(D). , inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns owned and controlled by veterans,”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 615(b)], inserted “qualified HUBZone small business concerns,” after “small business concerns,”.

Pub. L. 106–554, § 1(a)(9) [title VIII, § 803(3)]Subsec. (d)(4)(E), (6)(A), (C), (F), (10)(B). , inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns owned and controlled by veterans,”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (e)(1)(A). , title VIII, § 810(c)(1)], substituted “publish” for “furnish for publication by the Secretary of Commerce” in concluding provisions.

Pub. L. 106–398, § 1 [[div. A]Subsec. (e)(2). , title VIII, § 810(c)(2)], added par. (2) and struck out former par. (2) which read as follows: “The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1).”

Pub. L. 106–398, § 1 [[div. A]Subsec. (e)(3). , title VIII, § 810(c)(3)], substituted “publish a notice of solicitation” for “furnish a notice to the Secretary of Commerce” in introductory provisions and struck out “by the Secretary of Commerce” after “notice is published” in subpar. (A).

Pub. L. 106–554, § 1(a)(9) [title VIII, § 811]Subsec. (m). , added subsec. (m).

Pub. L. 106–554, § 1(a)(8) [§ 2]Subsec. (n). , added subsec. (n).

Pub. L. 106–50, § 501(a)1999—Subsec. (d)(1). , inserted “small business concerns owned and controlled by service-disabled veterans,” after “small business concerns,” in two places.

Pub. L. 106–50, § 501(b)(1)Subsec. (d)(3)(A). , inserted “small business concerns owned and controlled by veterans,” after “small business concerns,” in two places.

Pub. L. 106–50, § 501(b)(2)Subsec. (d)(3)(E). , added subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 106–50, § 501(b)(2)Subsec. (d)(3)(F). , (3), redesignated subpar. (E) as (F) and inserted “small business concern owned and controlled by veterans,” after “small business concern,”. Former subpar. (F) redesignated (G).

Pub. L. 106–50, § 501(b)(2)Subsec. (d)(3)(G). , redesignated subpar. (F) as (G).

Pub. L. 106–50, § 501(c)Subsec. (d)(4)(D), (E), (6)(A), (C), (F), (10)(B). , inserted “small business concerns owned and controlled by veterans,” after “small business concerns,” the first place appearing.

lPub. L. 106–50, § 303(a)lSubsec. (). , added subsec. ().

Pub. L. 105–135, § 708(3)Pub. L. 100–590, § 127(b)1997—Subsec. (b)(16). , struck out the par. (16) added by . See 1988 Amendment note below.

Pub. L. 105–135, § 708Subsec. (b)(17). , added par. (17).

Pub. L. 105–135, § 603(a)(1)(B)Subsec. (d)(1). , inserted “qualified HUBZone small business concerns,” after “small business concerns,” in second sentence.

Pub. L. 105–135, § 603(a)(1)(A)Pub. L. 104–106, § 4321(c)(1)(A), which directed substitution of “, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals” for “,, small business concerns owned and controlled by socially and economically disadvantaged individuals” in first sentence, was executed by making the substitution for “, small business concerns owned and controlled by socially and economically disadvantaged individuals” to reflect the probable intent of Congress and the amendment by . See 1996 Amendment note below.

Pub. L. 105–135, § 603(a)(2)(A)Subsec. (d)(3)(A). , inserted “qualified HUBZone small business concerns,” after “small business concerns,” in two places.

Pub. L. 105–135, § 603(a)(2)(B)Subsec. (d)(3)(F). , added subpar. (F).

Pub. L. 105–135, § 603(a)(3)Subsec. (d)(4)(E). , substituted “small business concerns, qualified HUBZone small business concerns, and” for “small business concerns and” after “opportunities for”.

Pub. L. 105–135, § 415Subsec. (d)(4)(G). , added subpar. (G).

Pub. L. 105–135, § 603(a)(4)Subsec. (d)(6). , inserted “qualified HUBZone small business concerns,” after “small business concerns,” wherever appearing.

Pub. L. 105–135, § 603(a)(5)Subsec. (d)(10)(B). , inserted “qualified HUBZone small business concerns,” after “small business concerns,”.

Pub. L. 105–135, § 416(c)Subsec. (e)(1)(C). , substituted “$100,000” for “$25,000” in two places.

Pub. L. 105–85Subsec. (g)(1). added subpar. (A), redesignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpars. (A) and (B) which read as follows:

section 426a(a)(1) of title 41section 426a(a)(2) of title 41“(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be made through a system with interim FACNET capability certified pursuant to or with full FACNET capability certified pursuant to ;

section 426a(a)(2) of title 41“(B)(i) the proposed procurement is for an amount not greater than $250,000 and is to be made through a system with full FACNET capability certified pursuant to ; and

“(ii) a certification has been made pursuant to section 426a(b) title 41 that Government-wide FACNET capability has been implemented;”.

Pub. L. 105–135, § 416(a)Subsec. (k). , added subsec. (k).

Pub. L. 104–106, § 4321(c)(1)(A)1996—Subsec. (d)(1). , substituted “that small business concerns,” for “that small business concerns,,”.

Pub. L. 104–106, § 4321(c)(1)(B)Subsec. (d)(6)(C). , substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by the socially and economically disadvantaged individuals”.

Pub. L. 104–106, § 4321(c)(2)Subsec. (f)(5). , inserted “and” at end.

Pub. L. 103–403, § 4071994—Subsec. (b)(1)(A). , inserted “including information on the benefits and risks of franchising,” after “small-business enterprises,” in first sentence.

Pub. L. 103–403, § 401(a)(1)Pub. L. 98–362, § 5(a)Sept. 30, 2003Pub. L. 98–362, § 5(a)(2)Oct. 1, 1994section 7(b) of Pub. L. 98–362, repealed amendments made by , effective . Amendment by , previously repealed effective , by , as amended. See Effective and Termination Dates of 1984 Amendments notes below.

Pub. L. 103–403, § 415Subsec. (b)(1)(G). , substituted “this chapter and to carry out the activities authorized by title IV of the Women’s Business Ownership Act of 1988” for “this paragraph”.

Pub. L. 103–355, § 7106(b)(1)Subsec. (d)(1). , substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals” in two places.

Pub. L. 103–355, § 4404(b)Subsec. (d)(2)(A). , substituted “simplified acquisition threshold” for “small purchase threshold”.

Pub. L. 103–355, § 7106(b)(1)Subsec. (d)(3)(A). , substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals” in two places.

Pub. L. 103–355, § 7106(b)(2)Subsec. (d)(3)(D), (E). , (3), added subpars. (D) and (E) and struck out former subpar. (D) which read as follows: “ ‘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.’ ”

Pub. L. 103–355, § 7106(b)(1)Subsec. (d)(4)(D). , substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”.

Pub. L. 103–355, § 7106(b)(4)Subsec. (d)(4)(E). , inserted “and for small business concerns owned and controlled by women” after “(3) of this subsection”.

Pub. L. 103–355, § 7106(b)(1)Subsec. (d)(6)(A). , substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”.

Pub. L. 103–355, § 7106(b)(1)Subsec. (d)(6)(C). , which directed that subpar. (C) be amended by substituting “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”, could not be executed because the words “and small business concerns owned and controlled by socially and economically disadvantaged individuals” did not appear in subpar. (C).

Pub. L. 103–355, § 7106(b)(1)Subsec. (d)(6)(F), (10)(B). , substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”.

Pub. L. 103–355, § 4202(d)(1)(A)Subsec. (e)(1). , substituted “$25,000” for “the small purchase threshold” wherever appearing.

Pub. L. 103–355, § 4202(d)(1)(B)Subsec. (e)(3)(B). , inserted “in the case of a contract or order estimated to be greater than the simplified acquisition threshold,” after “(B)”.

Pub. L. 103–355, § 4202(d)(2)Subsec. (f)(6). , added par. (6).

Pub. L. 103–355, § 4202(d)(3)(A)Subsec. (g)(1)(A) to (E). , (B), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as (C) to (E), respectively. Former subpars. (D) and (E) redesignated (F) and (G), respectively.

Pub. L. 103–355, § 4202(d)(3)(A)Subsec. (g)(1)(F). , redesignated subpar. (D) as (F). Former subpar. (F) redesignated (H).

Pub. L. 103–355, § 1055(b)(2), added subpar. (F).

Pub. L. 103–355, § 4202(d)(3)(A)Subsec. (g)(1)(G), (H). , redesignated subpars. (E) and (F) as (G) and (H), respectively.

Pub. L. 102–366, § 232(a)(1)1992—Subsec. (a). –(5), substituted semicolon for period at end of par. (1)(B), “; and” for period at end of par. (1)(C), “to subparagraph (A)” for “to (A)” in par. (6)(C)(i), “636(j)(10)(G)” for “636(j)(10)(H)” in par. (6)(C)(ii), and “to subparagraph (D)” for “to (D)” in par. (12)(E).

Pub. L. 102–564, § 304Subsec. (b)(1)(E) to (G). , added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.

Pub. L. 102–366, § 232(a)(7)Subsec. (c). , designated subsec. (c) as reserved. Former subsec. (c) redesignated (d).

Pub. L. 102–366, § 232(a)(6)Subsec. (d). , (8), redesignated subsec. (c) as (d) and substituted “imposition” for “impositon” in par. (4)(F)(ii). Former subsec. (d) redesignated (e).

Pub. L. 102–564, § 303(a)Subsec. (d)(11), (12). , redesignated par. (12) as (11) and struck out former par. (11) which read as follows: “At the conclusion of each fiscal year, the Administration shall submit to the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives a report on subcontracting plans found acceptable by any Federal agency which the Administration determines do not contain maximum practicable opportunities for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of contracts described in this subsection.”

Pub. L. 102–366, § 232(a)(6)Subsecs. (e) to (g). , redesignated subsecs. (d) to (f) as (e) to (g), respectively. Former subsec. (g) redesignated (h).

Pub. L. 102–366, § 232(a)(6)Subsec. (h). , (9), redesignated subsec. (g) as (h) and substituted “Administrative” for “Administration” in par. (2). Former subsec. (h) redesignated (i).

Pub. L. 102–366, § 232(a)(6)Subsecs. (i), (j). , redesignated subsecs. (h) and (i) as (i) and (j), respectively.

Pub. L. 102–191section 656 of this title1991—Subsec. (c). redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to management and technical assistance for small businesses owned by women. See .

Pub. L. 102–191Subsec. (d). redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Pub. L. 102–190Subsec. (d)(12). added par. (12).

Pub. L. 102–191Subsecs. (e) to (j). , which directed the redesignation of subsecs. (e) to (j) as (d) to (k), was executed by redesignating subsecs. (e) to (j) as (d) to (i), respectively, to reflect the probable intent of Congress.

Pub. L. 101–574, § 207(2)September 30, 19881990—Subsec. (a)(1). , struck out after subpar. (C) “No contract may be entered into under subparagraph (B) after .”

Pub. L. 101–574, § 207(1)Subsec. (a)(1)(B). , (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “to enter into contracts with such agency as shall be designated by the President, to furnish articles, equipment, supplies, services, or materials, or to perform construction work for such agency. In any case in which the Administration certifies to any officer of such agency having procurement powers that the Administration is competent and responsible to perform any specific procurement contract to be let by any such officer, such officer shall let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. If the Administration and such procurement officer fail to agree on such terms and conditions, either the Administration or such officer shall promptly notify, in writing, the head of such agency. The head of such agency shall have five days (exclusive of Saturdays, Sundays, and legal holidays) to establish the terms and conditions upon which such procurement contract may be let to the Administration, and shall communicate in writing to the Administration the terms and conditions so established. Within five days (exclusive of Saturdays, Sundays, and legal holidays) after the receipt of such written communication, the Administration shall decide whether to perform such procurement contract or withdraw its prior certification that the Administration is competent and responsible to perform such contract; and”.

Pub. L. 101–574, § 207(4)Subsec. (a)(1)(C). , added subpar. (C). Former subpar. (C) redesignated (B).

Pub. L. 101–574, § 204(b)Subsec. (a)(4)(A)(i)(II), (ii)(II). , inserted “(or a wholly owned business entity of such tribe)” after “tribe”.

Pub. L. 101–574, § 210Subsec. (a)(17)(B)(iv). , amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “represent that it will supply the product of a domestic small business manufacturer or processor, except that, the Administrator may waive the application of the clause, as it pertains to the furnishing of a product manufactured or processed by a small business, for any class of products for which there are no small business manufacturers or processors in the Federal market.”

Pub. L. 101–510, § 806(e)(2)(A)Subsec. (d)(2)(A). , substituted “the small purchase threshold” for “$10,000”.

Pub. L. 101–510, § 806(e)(2)(B)Subsec. (e)(1)(A). , inserted “or” at end of subcl. (i), substituted a comma for “; or” at end of subcl. (ii), substituted “the small purchase threshold” for “$25,000” in subcls. (i) and (ii), and struck out subcl. (iii) which read as follows: “solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, if there is not a reasonable expectation that at least two offers will be received from responsive and responsible offerors,”.

Pub. L. 101–510, § 806(e)(2)(B)(i)Subsec. (e)(1)(B), (C). , substituted “the small purchase threshold” for “$25,000” wherever appearing.

Pub. L. 101–574, § 244Subsec. (g)(1). , substituted “subsection (e)(1)” for “subsection (a)(1)”.

Pub. L. 101–37, § 10(c)1989—Subsec. (a)(1)(D)(i). , substituted “Program Participants” for “program participants”.

Pub. L. 101–37, § 6(d)(1)Subsec. (a)(4)(A)(i). , inserted “unconditionally” after “per centum”.

Pub. L. 101–37, § 6(d)(2)Subsec. (a)(4)(A)(ii). , inserted “unconditionally” after “which is”.

Pub. L. 101–37, § 7(b)Subsec. (a)(6)(C). , which directed substitution of “636(j)(10)(G)” for “636(j)(10)(H)” in cl. (iii), could not be executed because there was no cl. (iii). See 1992 Amendment note above.

Pub. L. 101–37, § 17section 636(j)(10)(G) of this titlesection 636(j)(10)(H) of this titleSubsec. (a)(9). , substituted “Administration” for “Administrator” in subpar. (A), “” for “” in subpar. (B)(iii), and “Administration’s” for “Administrator’s” in subpar. (C).

Pub. L. 101–37, § 6(b)Subsec. (a)(15). , substituted “Organization” for “organizations”.

Pub. L. 101–37, § 10(e)Subsec. (a)(17)(B)(ii) to (iv). , added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Pub. L. 101–37, § 12Subsec. (a)(18)(A). , struck out “certified” before “during such person’s term”.

Pub. L. 101–37, § 13Subsec. (a)(19)(B). , struck out “, imposed by the Administrator,” after “disciplinary action”.

Pub. L. 101–37, § 14Subsec. (a)(20)(A). , substituted “Business Opportunity Specialist” for “business opportunity specialist”.

Pub. L. 101–37, § 16Subsec. (a)(21). , in subpar. (B) struck out discretionary authority of the Administrator and preconditions respecting request prior to relinquishment of ownership or control in introductory provisions, added subpar. (C), and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

Pub. L. 101–162Subsec. (b)(1)(A). amended last sentence generally, substituting “the Administration shall ensure that it receives appropriate recognition in all cosponsored printed materials, whether the participant is a profit making concern or a governmental agency or public official” for “that the Administration is given primary recognition in all cosponsored printed materials, whether the participant is a profit-making concern or a governmental agency or official”.

Pub. L. 100–656, § 303(d)1988—Subsec. (a)(1)(A). , inserted provisions authorizing Administration appeal from procurement officer’s adverse decisions and providing for decision by the Secretary or agency head on the appeal.

Pub. L. 100–656, § 303(b)Subsec. (a)(1)(D). , added subpar. (D).

Pub. L. 100–656, § 303(e)Subsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Any small business concern selected by the Administration to perform any Federal Government procurement contract to be let pursuant to this subsection shall, when practicable, participate in any negotiation of the terms and conditions of such contract.”

Pub. L. 100–656, § 207(c)Subsec. (a)(4). , amended par. (4) generally, in subpar. (A)(i) adding subcl. (III), in subpar. (A)(ii) adding subcl. (III), and in subpar. (B) adding cl. (iii).

Pub. L. 100–656, § 209(b)Subsec. (a)(4)(C). , added subpar. (C).

Pub. L. 100–656, § 209(a)Subsec. (a)(6). , designated existing provisions as subpar. (A) and added subpars. (B) to (E).

Pub. L. 100–656, § 303(g)Subsec. (a)(7). , designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 100–656, § 409ProvidedSubsec. (a)(9). , amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Within ninety days after the effective date of this paragraph, the Administration shall publish in the Federal Register rules setting forth those conditions or circumstances pursuant to which a firm previously deemed eligible by the Administration may be denied assistance under the provisions of this subsection: , That no such firm shall be denied total participation in any program conducted under the authority of this subsection without first being afforded a hearing on the record in accordance with chapter 5 of title 5.”

Pub. L. 100–656, § 201(b)Subsec. (a)(10). , inserted sentence at end requiring such program to make a sustained and substantial effort to solicit applications for certification from small business concerns located in areas of concentrated unemployment or underemployment.

Pub. L. 100–656, § 501Subsec. (a)(12). , amended par. (12) generally. Prior to amendment, par. (12) read as follows: “To the maximum extent practicable the Associate Administrator for Minority Small Business and Capital Ownership Development shall submit, no less frequently than annually, a yearly estimate of the dollar amounts and types of contracts required for the efficient use of any program conducted under the authority of this subsection, to each agency which may participate in such program.”

Pub. L. 100–656, § 207(a)Subsec. (a)(15). , added par. (15).

Pub. L. 100–656, § 303(c)Subsec. (a)(16). , added par. (16).

Pub. L. 100–656, § 303(h)Subsec. (a)(17). , added par. (17).

Pub. L. 100–656, § 402Subsec. (a)(18). , added par. (18).

Pub. L. 100–656, § 403Subsec. (a)(19). , added par. (19).

Pub. L. 100–656, § 404Subsec. (a)(20). , added par. (20).

Pub. L. 100–656, § 407Subsec. (a)(21). , added par. (21).

Pub. L. 100–590, § 131(b)Subsec. (b)(1)(A). , inserted “that any Administration program participating in such cosponsored activities receives appropriate recognition and publicity, and” in provisions preceding cl. (i), inserted “, executed on behalf of the agency by an employee of the agency in Washington, District of Columbia, and who shall also approve, in advance, any printed materials to be distributed at the conference,” in cl. (1), and inserted provisions at end which authorized Administration, in case of cosponsored activities, to ensure that cooperation does not constitute endorsement or give undue recognition to public official or agency, and that Administration is given primary recognition in all cosponsored printed materials.

Pub. L. 100–533, § 202Pub. L. 100–590, § 127(b)Subsec. (b)(16). , and , made identical amendments adding par. (16).

Pub. L. 100–590, § 127(a)Pub. L. 100–533, § 201Subsec. (c). , amended subsec. (c) generally, inserting provisions substantially identical to provisions contained in prior general amendment by .

Pub. L. 100–533, § 201, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Administration shall from time to time make studies of matters materially affecting the competitive strength of small business, and of the effect on small business of Federal laws, programs, and regulations, and shall make recommendations to the appropriate Federal agency or agencies for the adjustment of such programs and regulations to the needs of small business.”

Pub. L. 100–656, § 304(a)Subsec. (d)(4)(F). , added subpar. (F).

Pub. L. 100–26, § 10(b)(3)o1987—Subsec. (a)(14)(B), (C). , substituted “section 644()” for “section 644(n)”.

Pub. L. 99–567, § 2Sept. 30, 1988Oct. 1, 1983Sept. 30, 19851986—Subsec. (a)(1). , substituted provision that no contract may be entered into under subpar. (B) after , for provision that no such contract could be entered into prior to , nor after , in closing provisions.

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 921(b)(2)]Pub. L. 99–661, § 921(b)(2)Subsec. (a)(1)(A). and , , amended subpar. (A) identically, inserting provision that a contract not be awarded if the award would result in a cost to the awarding agency which exceeds a fair market price.

Pub. L. 99–567, § 1(a)Subsec. (a)(1)(B). , struck out “(other than the Department of Defense or any component thereof)” after “contracts with such agency”.

Pub. L. 99–567, § 3Sept. 30, 1988Oct. 1, 1983Sept. 30, 1985Subsec. (a)(2). , substituted provision that the authority to waive bonds as provided in par. (2) may not be exercised after , for provision that such authority could not be exercised prior to , nor after , in closing provisions.

Pub. L. 99–272, § 18015(b)Subsec. (a)(4). , in amending par. (4) generally, included economically disadvantaged Indian tribe within definition of “socially and economically disadvantaged small business concern”.

Pub. L. 99–272, § 18015(c)Subsec. (a)(6). , inserted provision enumerating factors to be considered by the Administration in determining the economic disadvantage of an Indian tribe.

Pub. L. 99–272, § 18015(d)Subsec. (a)(13). , added par. (13).

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 921(c)(1)]Pub. L. 99–661, § 921(c)(1)Subsec. (a)(14). and , , amended subsec. (a) identically, adding par. (14).

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 921(a)]Pub. L. 99–661, § 921(a)Subsec. (e)(1). and , , amended par. (1) identically, in subpar. (A) substituting “$25,000” for “$10,000” in cls. (i) and (ii), adding cl. (iii), and in provision following cl. (iii) substituting “subsection (f)” for “subsection (b)”, adding subpar. (B), and redesignating former subpar. (B) as (C).

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 922(d)]Pub. L. 99–661, § 922(d)Subsec. (f). and , , amended subsec. (f) identically, substituting “subparagraph (A) or (B) of subsection (e)(1)” for “subsection (e)(1)(A)” in provisions preceding par. (1).

Pub. L. 98–362, § 5(a)(2)Oct. 1, 1994Pub. L. 98–362, § 7(b)Sept. 30, 2003Pub. L. 103–403, § 401(a)1984—Subsec. (b)(1)(A). , which inserted provisions at end of subpar. (A) relating to providing of assistance through cooperation of cosponsors, and provisions respecting activities of the Administration related to furnishing of assistance by cosponsors, was repealed effective , by , as amended, and effective , by , as amended. See Effective and Termination Dates of 1984 Amendments notes below.

Pub. L. 98–362, § 5(a)(1)Sept. 30, 2003Pub. L. 103–403, § 401(a), which inserted “computer security,” after “wage incentives,”, was repealed effective , by , as amended. See Effective and Termination Dates of 1984 Amendments note below.

Pub. L. 98–577, § 401Subsec. (b)(7)(C). , inserted “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.”

Pub. L. 98–577, § 402(a)Subsec. (d)(1). , inserted “, 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 their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals”.

Pub. L. 98–577, § 402(b)Subsec. (d)(3)(A). , inserted “, 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 their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals”.

Pub. L. 98–577, § 404(a)Subsecs. (e) to (j). , added subsecs. (e) to (j) and struck out former subsec. (e) which related to notice and publication of procurement actions, exceptions, departmental procedures, contents of notice, sole source contracts and unsolicited proposals.

Pub. L. 98–47, § 2Oct. 1, 1983Sept. 30, 1985Sept. 30, 19811983—Subsec. (a)(1). , substituted provision that no contract may be entered into under subpar. (B) prior to , nor after , for provision that such contracts may not be entered into after .

Pub. L. 98–47, § 1(a)Subsec. (a)(1)(B). , substituted “(other than the Department of Defense or any component thereof) as shall be designated by the President” for “, as shall be designated by the President within 60 days after the effective date of this paragraph”.

Pub. L. 98–47, § 3Oct. 1, 1983Sept. 30, 1985Sept. 30, 1981Subsec. (a)(2). , substituted provision that the authority to waive bonds as provided in par. (2) may not be exercised prior to , nor after , for provision that par. (2) shall not apply after .

Pub. L. 98–72ProvidedSubsec. (e). amended subsec. (e) generally, designating existing provisions as par. (1) and in par. (1) as so designated substituting: “It shall be the duty of the Secretary of Commerce, and the Secretary is hereby empowered, to obtain notice of all proposed competitive and noncompetitive civilian and defense procurement actions of $10,000 and above from any Federal department, establishment or agency (hereinafter in this subsection referred to as ‘department’) engaged in procurement of property, supplies, and services in the United States; and to publicize such notices in the daily publication Commerce Business Daily, immediately after the necessity for the procurement is established: , That nothing in this paragraph shall require publication of such notices with respect to those procurements in which it is determined on a case-by-case basis that (A) the procurement for security reasons is of a classified nature; (B) the Federal department’s need for the property, supplies, or services is of such unusual and compelling urgency that the Government would be seriously injured if the time periods provided for in paragraph (2) were complied with; (C) a foreign government reimburses the Federal department for the cost of the procurement of the property, supplies, or services for such government and only one source is available, or the terms of an international agreement or treaty between the United States and a foreign government authorize or require that all such procurement shall be from sources specified within such international agreement or treaty; (D) the procurement is made from another Government department or agency, or a mandatory source of supply; (E) the procurement is for utility services and only one source is available; (F) the procurement is made against an order placed under a requirement or similar contract, including orders for perishable subsistence supplies; (G) the procurement results from acceptance of a proposal pursuant to the Small Business Innovation Development Act of 1982 or an unsolicited proposal that demonstrates a unique or innovative research concept and publication of such unsolicited proposal would improperly disclose the originality of thought or innovativeness of the proposed research; or (H) it is determined in writing by the head of the Federal department, with the concurrence of the Administrator, that advance notice is not appropriate or reasonable” for “It shall be the duty of the Secretary of Commerce, and he is empowered, to obtain notice of all proposed defense procurement actions of $10,000 and above, and all civilian procurement actions of $5,000 and above, from any Federal department, establishment, or agency engaged in procurement of supplies and services in the United States; and to publicize such notices in the daily publication ‘United States Department of Commerce Synopsis of the United States Government Proposed Procurements, Sales, and Contract Awards’, immediately after the necessity for the procurement is established; except that nothing herein shall require publication of such notices with respect to those procurements (1) which for security reasons are of a classified nature, or (2) which involve perishable subsistence supplies, or (3) which are for utility services and the procuring agency in accordance with applicable law has predetermined the utility concern to whom the award will be made, or (4) which are of such unusual and compelling emergency that the Government would be seriously injured if bids or offers were permitted to be made more than 15 days after the issuance of the invitation for bids or solicitation for proposals, or (5) which are made by an order placed under an existing contract, or (6) which are made from another Government department or agency, or a mandatory source of supply, or (7) which are for personal or professional services, or (8) which are for services from educational institutions, or (9) in which only foreign sources are to be solicited, or (10) for which it is determined in writing by the procuring agency, with the concurrence of the Administrator, that advance publicity is not appropriate or reasonable”, and adding pars. (2) to (6).

Pub. L. 96–481, § 101September 30, 1981September 30, 19801980—Subsec. (a)(1), (2). , substituted “” for “”.

Pub. L. 96–481, § 105Subsec. (a)(8). , substituted provisions that all determinations may pursuant to par. (5) with respect to whether a group has been subjected to prejudice or bias shall be made by the Administrator after consultation with the Associate Administrator for Minority Small Business and Capital Ownership Development and that all other determinations made pursuant to (4), (5), (6), and (7) shall be made by the Associate Administrator for Minority Small Business and Capital Ownership Development under the supervision of, and responsible to the Administrator, for provision that all determinations made pursuant to pars. (4), (5), (6) and (7), shall be made by the Associate Administrator for Minority Small Business and Capital Ownership Development.

Pub. L. 96–302Subsec. (d)(3)(C). included in the presumption of being disadvantaged individuals Asian Pacific Americans.

Pub. L. 95–507, § 202(a)1978—Subsec. (a). , redesignated pars. (1) and (2) as (1)(A) and (C) and as redesignated inserted provision giving the Administration sole discretion in choosing procurement requirements from agencies or departments for use in the program, provided that the terms and conditions of the proposed contract are to be negotiated, made provision for the submission of stalemated matters for resolution, and added pars. (1)(B) and (2) to (12).

Pub. L. 95–510Subsec. (b)(1). substituted in subpar. (B) provisions relating to the establishment and implementation of volunteer programs for provisions relating to the use of office facilities etc., and the payment of transportation expenses and per diem allowances and added subpars. (C) to (F).

Pub. L. 95–507, § 211Subsec. (d). , substituted provisions relating to the performance of contracts by small business concerns, requiring, among other things, the inclusion of a specific contract clause in most Federal prime contracts, requiring as a condition of the solicitation of any offer of a Federal contract in excess of $500,000, the submission of a summary contract plan, and relating to incentives for small business subcontracting, contract eligibility, breach of contract or subcontract, administrative review of contract solicitation and subcontract planning, and relating to submission to congressional committees of a report on subcontracting plans for provisions relating generally to the small business subcontract program and regulations issued thereunder.

Pub. L. 95–891977—Subsec. (b)(7). , in revising par. (7), incorporated existing introductory text in provisions designated subpar. (A) and substituted “with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, and tenacity, of any small business concern or group of such concerns to receive and perform a specific Government contract” for “with respect to the competency, as to capacity and credit, of any small-business concern or group of such concerns to perform a specific Government contract”; added subpar. (B); and incorporated existing end text in provisions designated subpar. (C), substituting therein “certified by the Administration pursuant to (A) or (B) to be a responsible or eligible Government contractor as to a specific Government contract” for “certified by or under the authority of the Administration to be a competent Government contractor with respect to capacity and credit as to a specific Government contract” and “shall let” and “other requirement of responsibility or eligibility” for “are authorized to let” and “other requirement with respect to capacity and credit”.

Pub. L. 91–375section 3204 of title 39section 4154 of title 391970—Subsec. (b)(15). substituted “” for “”.

Pub. L. 90–104, § 1051967—Subsec. (b)(1)(B). , designated existing provisions as cl. (i) and added cl. (ii).

Pub. L. 90–104, § 106Subsec. (b)(13). , substituted “advisory boards and committees” for “small business advisory boards and committees truly representative of small business”, included achievement of purposes of the Small Business Investment Act of 1958, and required the Administrator to call board and committee meetings, pay transportation expenses and per diem allowances, and rent temporarily necessary accommodations to facilitate conduct of meetings.

Pub. L. 90–104, § 107Subsec. (b)(15). , added par. (15).

Pub. L. 89–7541966—Subsec. (b)(1). designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 88–5601964—Subsec. (b)(14). added par. (14).

Pub. L. 87–305, § 71961—Subsec. (d). , added subsec. (d).

Pub. L. 87–305, § 8Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

section 1701(a)(4)(C) of Pub. L. 115–91Jan. 1, 2020section 1701(j) of Pub. L. 115–91section 657a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2016 Amendment

section 1832(c) of Pub. L. 114–328Oct. 1, 2018section 1832(e) of Pub. L. 114–328section 632 of this titleAmendment by effective on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue implementing regulations [regulations effective ], see , set out as a note under .

Termination Date of 2004 Amendment

section 132(b) of Pub. L. 108–447Oct. 1, 2006section 132(c) of Pub. L. 108–447section 633 of this titleAmendment by repealed , see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654

Effective Date of 1997 Amendments

Pub. L. 105–135Oct. 1, 1997section 3 of Pub. L. 105–135section 631 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 105–85, div. A, title VIII, § 850(g)Nov. 18, 1997111 Stat. 1850

Effective Date of 1996 Amendment

Pub. L. 104–106section 4401 of Pub. L. 104–106section 2220 of Title 10For effective date and applicability of amendment by , see , set out as a note under , Armed Forces.

Effective Date of 1994 Amendment

Pub. L. 103–355section 10001 of Pub. L. 103–355section 8752 of Title 10For effective date and applicability of amendment by , see , set out as a note under , Armed Forces.

Effective Date of 1989 Amendment

Pub. L. 101–37Pub. L. 100–656section 32 of Pub. L. 101–37section 631 of this titleAmendment by applicable as if included in , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–656Nov. 15, 1988section 803(a) of Pub. L. 100–656section 631 of this titleAmendment by sections 207(a), (c) and 303(d), (e) of effective , see , set out as a note under .

Pub. L. 100–656Aug. 15, 1989Pub. L. 100–656section 631 of this titleAmendment by sections 201(b), 303(c), (g), (h), 304(a), 402–404, and 409 of effective , see section 803(b)(1)(A)–(C) of , as amended, set out as a note under .

section 407 of Pub. L. 100–656June 1, 1989section 803(b)(3) of Pub. L. 100–656section 631 of this titleAmendment by effective with respect to contracts entered into on or after , see , as amended, set out as a note under .

Pub. L. 100–656Oct. 1, 1989Pub. L. 100–656section 631 of this titleAmendment by sections 209 and 303(b) of effective , see section 803(b)(4)(A), (B) of , as amended, set out as a note under .

Effective Date of 1987 Amendment

section 10(b)(3) of Pub. L. 100–26section 2 of Pub. L. 100–26section 101(c) of Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661Oct. 18, 1986Oct. 30, 1986Nov. 14, 1986section 12(c) of Pub. L. 100–26section 632 of this titleAmendment by applicable as if included in each instance of the Defense Acquisition Improvement Act (as specified in ) [title X of and , and title IX of div. A of ] when each was enacted [, , and , respectively], see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661Oct. 1, 1987section 101(c) of Pub. L. 99–500Pub. L. 99–591section 921(g) of Pub. L. 99–661section 632 of this titleAmendment by section 101(c) [title X, § 921(b)(2), (c)(1)] of and , and section 921(b)(2), (c)(1) of effective , see and , and , set out as a note under .

Effective and Termination Dates of 1984 Amendments

Pub. L. 103–403, title IV, § 401(a)Oct. 22, 1994108 Stat. 4190 Pub. L. 105–135, title V, § 504Dec. 2, 1997111 Stat. 2624 Pub. L. 106–554, § 1(a)(9) [title V, § 504(b)]Dec. 21, 2000114 Stat. 2763

section 401(a) of Pub. L. 103–403Sept. 30, 1997Pub. L. 105–135Sept. 30, 2000Sept. 30, 2000Pub. L. 106–554Sept. 30, 2003[Repeal by , set out as a note above, effective , was not executed to reflect the probable intent of Congress and subsequent amendment by , changing the effective date to . Similarly, repeal effective , was not executed because of subsequent amendment by , changing the effective date to .]

Pub. L. 98–362Oct. 1, 1984section 5(a)(2) of Pub. L. 98–362Oct. 1, 1994section 7 of Pub. L. 98–362section 633 of this titleAmendment by section 5(a)(1), (2) of effective , and amendment by repealed , see , as amended, set out as a note under .

Pub. L. 98–577, title IV, § 404(b)Oct. 30, 198498 Stat. 3084

Effective Date of 1983 Amendments

Pub. L. 98–72, § 1(b)(1)Aug. 11, 198397 Stat. 403

Pub. L. 98–47, § 1(b)July 13, 198397 Stat. 243

Effective Date of 1980 Amendment

Pub. L. 96–302Oct. 1, 1980section 507 of Pub. L. 96–302section 631 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–510Oct. 1, 1979section 105 of Pub. L. 95–510section 634 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1970 Amendment

Pub. L. 91–375section 15(a) of Pub. L. 91–375section 101 of Title 39For effective date of amendment by , see , set out as an Effective Date note preceding , Postal Service.

Regulations

Pub. L. 118–31, div. A, title VIII, § 862(b)Dec. 22, 2023137 Stat. 347

Pub. L. 116–283, div. A, title VIII, § 868(c)Jan. 1, 2021134 Stat. 3787

Pub. L. 108–447, div. K, title I, § 141(b)Dec. 8, 2004118 Stat. 3454

Pub. L. 106–50, § 303(c)Aug. 17, 1999113 Stat. 243

Transfer of Functions

section 601 of Pub. L. 93–11387 Stat. 416 section 5041 of Title 42July 1, 197185 Stat. 819 Transfer to Director of ACTION [now Corporation for National and Community Service] of functions of Small Business Administration under subsec. (b) of this section insofar as they relate to individuals or groups of persons cooperating with it in the furtherance of purposes of this section, except that such individuals or groups of persons, in providing technical and managerial aids to small concerns, remain subject to direction of Small Business Administration. See , , formerly set out as a note under , The Public Health and Welfare, which superseded section 2(a)(3) of Reorg. Plan No. 1 of 1971, eff. , 36 F.R. 11181, , set out in the Appendix to Title 5, Government Organization and Employees.

Extension of Participation in 8(a) Program

Pub. L. 116–283, div. A, title VIII, § 869Jan. 1, 2021134 Stat. 3787

Pub. L. 116–260, div. N, title III, § 330Dec. 27, 2020134 Stat. 2043

section 330 of div. N of Pub. L. 116–260section 302 of div. N of Pub. L. 116–260section 9001 of this title[For definitions of “Administrator” and “small business concern” as used in , set out above, see , set out as a note under .]

Good Faith Compliance With Subcontracting Requirements

Pub. L. 114–328, div. A, title XVIII, § 1821(c)Dec. 23, 2016130 Stat. 2654

Subcontracting Misrepresentations

Pub. L. 111–240, title I, § 1321Sept. 27, 2010124 Stat. 2540

section 1321 of Pub. L. 111–240section 1001 of Pub. L. 111–240section 632 of this title[For definitions of “Administrator” and “small business concern” as used in , set out above, see , set out as a note under .]

Small Business Contracting Parity

Pub. L. 111–240, title I, § 1347(a)Sept. 27, 2010124 Stat. 2546

Increasing Number of Outreach Centers

Pub. L. 110–186, title I, § 105Feb. 14, 2008122 Stat. 626

Enhanced Publicity During Operation Allied Force

Pub. L. 106–50, § 303(b)Aug. 17, 1999113 Stat. 243

Federal Acquisition Regulation

Pub. L. 105–135, title IV, § 416(b)Dec. 2, 1997111 Stat. 2620

Pub. L. 105–85Implementation of Amendment by

Pub. L. 105–85, div. A, title VIII, § 850(e)(3)Nov. 18, 1997111 Stat. 1849

Mobile Resource Center Pilot Program

Pub. L. 103–403, title IV, § 406Oct. 22, 1994108 Stat. 4192 Dec. 31, 1996, , , provided that the Administrator of the Small Business Administration could establish and carry out in each of fiscal years 1995, 1996, and 1997 a mobile resource pilot program and, if it was carried out, required the Administrator to transmit to Congress by , a report containing the results of such program, together with recommendations for appropriate legislative and administrative action.

Projects Funded Pursuant to Former Provisions

Pub. L. 102–191, § 3Dec. 5, 1991105 Stat. 1591

Two-Year Rule for Eligibility in Minority Small Business and Capital Ownership Development Program

Pub. L. 101–574, title II, § 203Nov. 15, 1990104 Stat. 2818

References in Other Laws to GS–16, 17, or 18 Pay Rates

Pub. L. 101–509section 5376 of Title 5References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of , set out in a note under .

Credit for Indian Contracting in Meeting Certain Minority Subcontracting Goals

section 3902 of Title 10For provisions that credit toward meeting a subcontracting goal specified in a Department of Defense contract in implementing subsec. (d) of this section may be given for work performed on Indian land or by certain Indian joint ventures, see , Armed Forces.

Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans

Pub. L. 101–574, title IV, § 402Nov. 15, 1990104 Stat. 2832 section 834 of Pub. L. 101–189Pub. L. 113–291, div. A, title VIII, § 821(c)(2)Dec. 19, 2014128 Stat. 3434 , , , which suspended subsec. (d) of , set out below, for the test program period specified in subsec. (e) of that section, was repealed by , , .

Pub. L. 101–189, div. A, title VIII, § 834Nov. 29, 1989103 Stat. 1509 Pub. L. 102–484, div. A, title VIII, § 805Oct. 23, 1992106 Stat. 2447 Pub. L. 103–355, title VII, § 7103Oct. 13, 1994108 Stat. 3368 Pub. L. 104–106, div. A, title VIII, § 811Feb. 10, 1996110 Stat. 394 Pub. L. 105–85, div. A, title VIII, § 822Nov. 18, 1997111 Stat. 1840 Pub. L. 106–65, div. A, title VIII, § 817Oct. 5, 1999113 Stat. 712 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 108–375, div. A, title VIII, § 843Oct. 28, 2004118 Stat. 2019 Pub. L. 111–383, div. A, title VIII, § 863(i)Jan. 7, 2011124 Stat. 4295 Pub. L. 112–81, div. A, title VIII, § 866Dec. 31, 2011125 Stat. 1526 Pub. L. 112–239, div. A, title X, § 1076(a)(16)Jan. 2, 2013126 Stat. 1948 Pub. L. 113–291, div. A, § 821(a)Dec. 19, 2014128 Stat. 3433 Pub. L. 114–92, div. A, title VIII, § 872Nov. 25, 2015129 Stat. 939 Pub. L. 114–328, div. A, title VIII, § 826Dec. 23, 2016130 Stat. 2280 Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(D)Dec. 12, 2017131 Stat. 1796

Contract Options and Modifications

Pub. L. 100–656, title III, § 303(f)Nov. 15, 1988102 Stat. 3871 Pub. L. 101–37, § 10(d)June 15, 1989103 Stat. 73

Liquidated Damages Clauses

Pub. L. 100–656, title III, § 304(b)Nov. 15, 1988102 Stat. 3873

Section 304(b) of Pub. L. 100–656Aug. 15, 1989section 803(b)(1)(B) of Pub. L. 100–656section 631 of this title[ effective , see , as amended, set out as an Effective Date of 1988 Amendment note under .]

Native American Organizations Exemptions

Pub. L. 109–289, div. A, title VIII, § 8018Sept. 29, 2006120 Stat. 1277

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 109–148, div. A, title VIII, § 8020Dec. 30, 2005119 Stat. 2702 , , .

Pub. L. 108–287, title VIII, § 8021Aug. 5, 2004, , 118 Stat 975.

Pub. L. 108–87, title VIII, § 8021Sept. 30, 2003, , 117 Stat 1076.

Pub. L. 100–656, title VI, § 602Nov. 15, 1988102 Stat. 3887 Pub. L. 101–37, § 22June 15, 1989103 Stat. 75 Pub. L. 101–515, title V, § 2Nov. 5, 1990104 Stat. 2140 Pub. L. 101–574, title II, § 205Nov. 15, 1990104 Stat. 2819 Pub. L. 103–403, title VI, § 608Oct. 22, 1994108 Stat. 4204

Section 602 of Pub. L. 100–656Aug. 15, 1989section 803(b)(1)(D) of Pub. L. 100–656section 631 of this title[ effective , see , as amended, set out as an Effective Date of 1988 Amendment note under .]

GAO Evaluation of Service Corps of Retired Executives; Report

Pub. L. 100–590, title I, § 107Nov. 3, 1988102 Stat. 2993 Dec. 1, 1989, , , directed Comptroller General, not later than , to transmit a report to Small Business Committees of Senate and House of Representatives on functions being performed by volunteers in Service Corps of Retired Executives and Active Corps of Executives, including his evaluation of programs and including conclusions and recommendations concerning efficiency and cost effectiveness of such volunteers.

Authorization of Appropriations for Women-Owned Small Business Demonstration Projects

Pub. L. 100–590, title I, § 127(c)Nov. 3, 1988102 Stat. 3003

Pub. L. 100–533, title II, § 203Oct. 25, 1988102 Stat. 2692 Similar provisions were contained in , , .

Spending Authority for Contracts Authorized for Women-Owned Small Business Demonstration Projects

Pub. L. 100–590, title I, § 127(e)Nov. 3, 1988102 Stat. 3003

Rural Area Business Development Plans

Pub. L. 100–590, title I, § 129Nov. 3, 1988102 Stat. 3004

Background Check Policy; Fingerprinting

Pub. L. 100–590, title I, § 132Nov. 3, 1988102 Stat. 3005

Time for Designation of Agency

Pub. L. 99–567, § 1(b)Oct. 27, 1986100 Stat. 3188

Report to Congress Respecting Assistance Furnished by Profitmaking Concerns to Small Business Concerns; Contents

Pub. L. 98–362, § 5(b)July 16, 198498 Stat. 434 Dec. 1, 1987, , , directed Small Business Administration, not later than , to report to Committees on Small Business of Senate and House of Representatives on impact of assistance provided in cooperation with profitmaking concerns pursuant to amendment made by section 5(a)(2) of the Small Business Computer Security and Education Act of 1984 [amending this section], including information on benefits provided to small business concerns assisted by Administration’s cooperation with profitmaking concerns and any negative impact upon small businesses resulting from such cooperation with profitmaking concerns.

Tennessee Valley Authority; Procurement Procedures Under 1983 and 1984 Amendments Applicable Only to Procurements Paid From Appropriated Funds

Pub. L. 98–577, title IV, § 404(c)Oct. 30, 198498 Stat. 3084

Pub. L. 98–72, § 1(b)(3)Aug. 11, 198397 Stat. 405

Asian Pacific Americans as Disadvantaged Minority in 1978

Pub. L. 96–302, title I, § 118(c)(2)July 2, 198094 Stat. 840 Pub. L. 96–302section 211 of Pub. L. 95–507, , , provided that the amendment of subsec. (d)(3)(C) by , including Asian Pacific Americans among the disadvantaged minorities, shall apply as if included in the amendment made by , to subsec. (d) of this section.

Business Plans; Submittal by Concerns Eligible To Receive Contracts

section 636(j)(10)(A)(i) of this titlesection 106(b) of Pub. L. 96–481section 636 of this titleConcerns eligible to receive contracts pursuant to subsec. (a) of this section required to submit business plans required under within certain time limits, provided that no determination made under this paragraph shall be considered a denial of total participation for the purposes of subsec. (a)(9) of this section, see set out as a note under .

Reports to Congress; General Accounting Office Report on Business Development; Quarterly Reports by Small Business Administration to Congressional Committees

Pub. L. 95–507, title II, § 202(b)Oct. 24, 197892 Stat. 1763 Pub. L. 96–481, title I, § 102Oct. 21, 198094 Stat. 2321 Jan. 31, 1981section 631(e) of this titleJan. 2, 1981Sept. 30, 1981, , , as amended by , , , provided not later than , the General Accounting Office submit to Congress a report which, with respect to provisions of subsec. (a)(1)(B) and (2) of this section, evaluated the implementation of such provisions and whether such implementation fur­thered the purposes under , and required the Small Business Administration and the agency designated pursuant to subsec. (a)(1)(B) of this section to submit separate quarterly reports to specific congressional committees, which reports were to contain a review and evaluation of all activities conducted pursuant to subsec. (a)(1)(B) during the previous three-month period, with the first such report submitted commencing on , for the preceding three-month period, and to continue quarterly through, and include, the quarter ending .

Termination of Advisory Boards and Committees

Jan. 5, 1973Jan. 5, 1973Advisory boards and committees in existence on , to terminate not later than the expiration of the 2-year period following , unless, in the case of a board or committee established by the President or an officer of the Federal Government, such board or committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board or committee established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

Definition

Pub. L. 100–590, title I, § 127(d)Nov. 3, 1988102 Stat. 3003

Pub. L. 100–533, title II, § 204Oct. 25, 1988102 Stat. 2692 Similar provisions were contained in , , .