Sec. 3. Database on contract awards to disadvantaged small businesses
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The head of each Agency OSDBU shall establish and maintain a public online database that identifies each contract awarded by the Federal agency under the 8(a) Program. Such database shall include the following: The aggregate number and dollar value of contracts awarded to socially and economically disadvantaged small business concern (as defined in section 8(a)(4)(A) of the Small Business Act ( 15 U.S.C. 637(a)(4)(A) )) during the 3-year period preceding the date of the enactment of Public Law 95–507 , disaggregated by race and ethnic group.
The aggregate number and dollar value of contracts awarded to disadvantaged small businesses pursuant to Public Law 95–507 during the 10-year period preceding the date of the enactment of this Act, disaggregated by race and ethnic group. Data on offers for Federal contracts submitted by a disadvantaged small business which has previously been awarded a Federal contract or subcontract with the assistance of an Agency OSDBU during such 10-year period. The Administrator shall establish a program under which the Administrator shall direct Federal departments and agencies, in coordination with institutions of higher education and other research organizations, to develop and periodically update a factual and historical record of instances of discrimination against disadvantaged small businesses desiring award of a Federal contract or subcontract from such Federal department or agency.
The record described in paragraph
(1)shall include the following: Operational barriers that disadvantaged small businesses have historically experienced in Federal contracting and subcontracting. Qualitative and quantitative trends in Federal contracting with disadvantaged small businesses, disaggregated by North American Industry Classification System code. Recommendations for Governmentwide reforms to increase participation by disadvantaged small businesses in Federal contracts and the estimated qualitative and quantitative effects of such recommendations. The database required under subsection
(a)or a record developed under subsection
(b)may be used— by the Administrator and heads of Federal departments and agencies to develop procurement policies, practices, and strategies that reduce discrimination, establish contracting and subcontracting goals for disadvantaged small businesses, enhance contract compliance monitoring, and increase disadvantaged small business participation in Federal contracting and subcontracting by mechanisms that may include dividing large contracts into multiple smaller contracts, establishing mentor-mentee relationships between businesses, and pairing disadvantaged small businesses with larger businesses for partnering in contract fulfillment; by the head of a Federal department or agency to substantiate an award of a contract under the 8(a) Program; by the head of a Federal department or agency to substantiate any contracting preference program for disadvantaged small businesses administered by the Federal agency; by a disadvantaged small business that seeks an award of a contract under the 8(a) Program to develop a narrative of discrimination; and by a disadvantaged small business that requires proof of discrimination for purpose of a judicial or administrative action or by a person assisting a disadvantaged small business for that purpose.
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- Pub. L. 95-507
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