Sec. 1812. Responsibilities of Commercial Market Representatives
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Section 4(h) of the Small Business Act (as added by section 865 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 )) is amended to read as follows: The principal duties of a Commercial Market Representative employed by the Administrator and reporting to the senior official appointed by the Administrator with responsibilities under sections 8, 15, 31, and 36 (or the designee of such official) shall be to advance the policies established in section 8(d)(1) relating to subcontracting.
Such duties shall include— helping prime contractors to find small business concerns that are capable of performing subcontracts; for contractors awarded contracts containing the clause described in section 8(d)(3), providing— counseling on the contractor’s responsibility to maximize subcontracting opportunities for small business concerns; instruction on methods and tools to identify potential subcontractors that are small business concerns; and assistance to increase awards to subcontractors that are small business concerns through visits, training, and reviews of past performance; providing counseling on how a small business concern may promote its capacity to contractors awarded contracts containing the clause described in section 8(d)(3); and conducting periodic reviews of contractors awarded contracts containing the clause described in section 8(d)(3) to assess compliance with subcontracting plans required under section 8(d)(6).
Consistent with the requirements of subparagraph (B), a commercial market representative referred to in section 15(q)(3) shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a commercial market representative who was serving on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 may continue to serve as a commercial market representative for a period of 5 years beginning on such date without such a certification.
The certification described in subparagraph
(A)is not required for any person serving as a commercial market representative until the date that is one calendar year after the date such person is appointed as a commercial market representative. The requirements of clause
(i)shall be included in any initial job posting for the position of a commercial market representative and shall apply to any person appointed as a commercial market representative after November 25, 2015. .
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Sec. 1812
Responsibilities of Commercial Market Representatives
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