Sec. 712. ENHANCED SMALL BUSINESS PARTICIPATION GOALS
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## SEC. 712 ENHANCED SMALL BUSINESS PARTICIPATION GOALS **[**[15 U.S.C. 644 note](/us/usc/t15/s644)**]** ###
(a)Enhanced Goals for Designated Industry Groups Each participating agency shall establish an annual small business participation goal that is 40 percent of the dollar value of the contract awards for each of the designated industry groups. In attaining its small business participation goal for contract awards for each of the designated industry groups, each participating agency shall make a good faith effort to assure that emerging small business concerns are awarded not less than 15 percent of the dollar value of the contract awards for each of the designated industry groups. ###
(b)Special Assistance for Emerging Small Business Concerns ####
(1)Small business reserve During the term of the Program, all contract opportunities in the industry groups designated in section 717 shall be reserved for exclusive competition among emerging small business concerns in accordance with the competition standard specified in section 15(j) of the Small Business Act (15 U.S.C. 644(j)), if the estimated award value of the contract is equal to or less than the greater of: #####
(A)$25,000, or #####
(B)such larger dollar amount established pursuant to paragraph (2). ####
(2)Adjustments to the small business reserve If the goal of awarding emerging small business concerns 15 percent of the total dollar value of contracts in a designated industry category is determined not to have been attained, upon the review of award data conducted in accordance with subsection (d)(1) of this section, the Administrator for Federal Procurement Policy, to ensure attainment of such goal, shall prescribe, on a semiannual basis, appropriate adjustments to the dollar threshold for contract opportunities in such designated industry category below which competition shall be conducted exclusively among emerging small business concerns. ####
(3)Small business small purchase reserve The requirements of this subsection dealing with the reserve amount shall apply notwithstanding the amount specified in section 15(j) of the Small Business Act (15 U.S.C. 644(j)). ####
(4)Exclusion of modifications to existing contracts above the small purchase threshold Any modification or follow-on award to a contract having an initial award value in excess of $25,000 shall not be subject to the limitations on competition required by this subsection. ###
(c)Targeting Industry Categories With Limited Small Business Participation ####
(1)Concurrent with the term of the Small Business Competitiveness Demonstration Program, the head of each participating agency shall implement a program to expand small business participation in the agency's acquisition of selected products and services in 10 industry categories which have historically demonstrated low rates of small business participation. The products and services to be targeted for the small business participation expansion program and the special goals for such program, shall be developed in conjunction with the Administrator of the Small Business Administration, and shall be subject to the requirements of section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ####
(2)The products or services selected for the small business participation expansion program shall be drawn from industry categories that: #####
(A)are the recipients of substantial purchases by the Federal Government; #####
(B)have less than 10 percent of such annual purchases made from small business concerns; and #####
(C)have significant amounts of small business productive capacity that have not been utilized by the Government. ####
(3)In developing its small business participation expansion program, each participating agency shall: #####
(A)prepare, and furnish to the Administration, a detailed, time-phased strategy (with incremental numerical goals); and #####
(B)encourage and promote joint ventures, teaming agreements and other similar arrangements, which permit small business concerns to effectively compete for contract solicitations for which an individual small business concern would lack the requisite capacity or capability needed to establish responsibility for the award of a contract. ###
(d)Monitoring Agency Performance ####
(1)Participating agencies shall monitor the attainment of their small business participation goals on an annual basis. An annual review by each participating agency shall be completed not later than January 31 of each year, based on the data for the preceding fiscal year, from October 1 through September 30. ####
(2)All awards to small business concerns (including small business concerns owned and controlled by socially and economically disadvantaged individuals) shall be counted toward attainment of the goals specified in subsection
(a)of this section. ####
(3)Modifications to a participating agency's solicitation practices, pursuant to section 713(b), shall be made at the beginning of the fiscal year quarter following each review, if the rate of small business participation is less than 40 percent of the contract awards.
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Sec. 712
ENHANCED SMALL BUSINESS PARTICIPATION GOALS
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