Sec. 713. PROCUREMENT PROCEDURES
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## SEC. 713 PROCUREMENT PROCEDURES **[**[15 U.S.C. 644 note](/us/usc/t15/s644)**]** ###
(a)Full and Open Competition Except as provided in subsections
(b)and (c), each contract opportunity with an anticipated value of more than $25,000 or more for the procurement of services from firms in the designated industry groups (unless set aside pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) or section 2323 of title 10, United States Code) shall be solicited on an unrestricted basis during the term of the Program, if the participating agency has attained its small business participation goal pursuant to section 712(a). Any regulatory requirements which are inconsistent with this provision shall be waived. ### (b)3 Restricted Competition If a participating agency has failed to attain its small business participation goal under section 712(a), subsequent contracting opportunities, which are in excess of the reserve thresholds specified pursuant to section 712(b) shall be solicited through a competition restricted to eligible small business concerns pursuant to section 15(a) of the Small Business Act (15 U.S.C. 644(a)) only at those buying activities of the participating agency that failed to attain the small business participation goal required by section 712(a). Upon determining that its contract awards to small business concerns again meet the goals required by section 712(a), a participating agency shall promptly resume the use of unrestricted solicitations pursuant to subsection (a). Such modifications in the participating agency's solicitation practices shall be made as soon as practicable, but not later than the beginning of the quarter following completion of the review made pursuant to section 712(d) indicating that changes to solicitation practices are required. 3Section 202(h) of Public Law 102–366 (106 Stat. 996; 15 U.S.C. 644 note) provides:
(h)Procurement Procedures.—Restricted competitions pursuant to section 713(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892) shall not be imposed with respect to the designated industry group of architectural and engineering services if the rate of small business participation exceeds 35 percent, until the improvements to the collection of data regarding prime contract awards (as required by subsection (g)) and the system for collecting data regarding other than prime contract awards (as required by subsection (d)) have been implemented, as determined by the Administrator for Federal Procurement Policy. ###
(c)Relationship With the Competition in Contracting Act of 1984 Subsections
(a)and
(b)shall not be construed to supersede the application of the Competition in Contracting Act of 1984 (98 Stat. 1175). ###
(d)Relationship to Other Applicable Law Solicitations for the award of contracts for architectural and engineering services (including surveying and mapping) issued by a Military Department or a Defense agency shall comply with the requirements of subsections
(a)and
(b)of section 2855 of title 10, United States Code.
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- Pub. L. 102-366
- 106 Stat. 996
- 102 Stat. 3892
- 98 Stat. 1175
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Sec. 713
PROCUREMENT PROCEDURES
Pub. L.Pub. L. 102-366
Stat.106 Stat. 996
Stat.102 Stat. 3892
Stat.98 Stat. 1175
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