Sec. 8. Federal disadvantaged small business task force
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Not later than 4 months after the date of the enactment of this Act, the President shall establish a task force (in this section referred to as the Task Force ) to— make recommendations to increase opportunities for disadvantaged small businesses in Federal contracting and subcontracting; coordinate and optimize participation by disadvantaged small business in Federal contracting and subcontracting, including by— attempting to eliminate any discrimination against such businesses; and removing any barriers to participation such participation; encourage compliance by prime contractors with the requirements of covered Executive orders; expand outreach for Federal contracting and subcontracting opportunities to disadvantaged small businesses; enhance strategies to match disadvantaged small businesses with prime contractors; and recommend policies or revisions to policies relating to Federal contracting and subcontracting for disadvantaged small businesses.
The members of the Task Force shall include: The MBDA Under Secretary, who shall also serve as the chair of the Task Force. The Administrator of the Small Business Administration. The Administrator of the Office of Federal Procurement Policy within the Office of Management and Budget. The Director of the Domestic Policy Council. The Administrator of General Services. The Secretary of Defense. The Secretary of Transportation. The Administrator of the National Aeronautics and Space Administration.
The Secretary of the Treasury. The Secretary of Labor. The Secretary of Homeland Security. The Secretary of Housing and Urban Development. The Secretary of Agriculture. The heads of such other Federal agencies or offices as the President may designate. The Task Force shall meet not later than 3 months after the date of establishment and not less frequently than once every 3 months thereafter until the termination date. To the extent practicable, each meeting of the Task Force shall include a presentation by at least one representative from an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or other research organization with expertise in matters related to— the duties of the Task Force; the legal basis for the processes and findings of the Task Force; historical or current discrimination in Federal contracting against disadvantaged small businesses; or potential remedies to historical or current discrimination in Federal contracting against disadvantaged small businesses.
The duties of the Task Force shall include determining the following: Best practices among Federal agencies to promote participation in Federal contracting and subcontracting for disadvantaged small businesses, including practices described in section 4. The needs of disadvantaged small businesses that desire to participate in the 8(a) Program and any contracting programs for disadvantaged small businesses administered by a Federal agency. Methods and initiatives to expand the participation of disadvantaged small businesses in Federal contracting and subcontracting, including by unbundling large contracts into separate smaller contracts, by increasing flexibility for such businesses to demonstrate eligibility for Federal contracts and subcontracts and to demonstrate past performance of a same or similar contract, and by enforcing compliance by prime contractors with the requirements of covered Executive orders.
Methods and initiatives to expand access to capital, credit, surety bonds, loan guarantees, financial training, and credit counseling for disadvantaged small businesses. Strategies to improve the compliance of Federal agencies with contracting and subcontracting objectives set forth in the Executive Order 13985 titled Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 Fed. Reg. 7009), including the following: For Federal agencies that fail to meet such objectives— opportunities for training of contracting officers on how to increase the number of contracts awarded to disadvantaged small businesses; and commencing a study led by the Inspector General for such Federal agency to determine the causes of such failure, evaluate disadvantaged small business participation in prime contracts, and make recommendations for improvement.
For Federal agencies that meet such objectives, incentives to assist such Federal agencies to exceed such objectives. Not later than 4 months after the first meeting date of the Task Force, and biannually thereafter, the chair of the Task Force shall submit to Congress a report on the activities and findings of the Task Force and any recommendations to increase participation of disadvantaged small businesses in Federal contracting and subcontracting. Not later than 12 months after the first meeting date of the Task Force, the chair of the Task Force shall submit to Congress a report on the results of a study on disadvantaged small businesses that includes— a quantitative and qualitative analysis of the disadvantaged small businesses that are eligible to perform Federal contracts and subcontracts that were offered during the 5-year period beginning on the date of the establishment of the Task Force under this section; the number and the North American Industry Classification System code of each such business that submitted an offer (or bid) for a contracting or subcontracting opportunity during such period, including information regarding contracts and subcontracts that each such business was previously awarded; the number of such businesses that were awarded such Federal contracts and subcontracts; and any conclusions regarding the presence, absence, or extent of discrimination against, or underrepresentation of, disadvantaged small businesses (disaggregated by demographic classification) in Federal contracting and subcontracting.
The Task Force established under this section shall terminate on the date that is 10 years after the first meeting date of the Task Force. In this section, the term covered Executive Order means the following: Executive Order 13985, titled Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (January 20, 2021). Executive Order 14035, titled Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce (June 25, 2021). Executive Order 14091, titled Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government (February 16, 2023).
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- 86 FR 7009
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Sec. 8
Federal disadvantaged small business task force
Fed. Reg.86 FR 7009
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