Sec. 722. EXPANDING SMALL BUSINESS PARTICIPATION IN DREDGING
1,087 words·~5 min read·
/statute-compilations/comps-1034/sec-722A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 722 EXPANDING SMALL BUSINESS PARTICIPATION IN DREDGING **[**[10 U.S.C. 2304 note](/us/usc/t10/s2304)**]** ###
(a)Establishment The Secretary of the Army (hereafter in this section referred to as the “Secretary”) shall conduct a program to expand the participation of small business concerns and emerging small business concerns in contracting opportunities for dredging solicited on or after January 1, 1989, commencing on October 1, 1989. ###
(b)Enhanced Goals Of the aggregate value of all suitable contracts for dredging, the Department of the Army (hereafter in this section referred to as the “Department”) shall make every reasonable effort to award to small business concerns: ####
(1)20 percent during fiscal year 1989, including 5 percent of the total dollar value of contracts which is reserved for emerging small business concerns; ####
(2)25 percent during fiscal year 1990, including 7.5 percent of the total dollar value of contracts which is reserved for emerging small business concerns; ####
(3)30 percent during fiscal year 1991, including 10 percent of the total dollar value of contracts which is reserved for emerging small business concerns; ####
(4)30 percent during fiscal year 1992, including 10 percent of the total dollar value of contracts which is reserved for emerging small business concerns; and ####
(5)not less than 20 percent during fiscal year 1993, and each subsequent year during the term of the program, including not less than 5 percent of the dollar value of suitable contracts that shall be reserved for emerging small business concerns. The total value of contracts to be performed exclusively through the use of so-called dustpan dredges or seagoing hopper dredges is deemed to be generally unsuitable for performance by small business concerns and is to be excluded in calculating whether the rates of small business participation specified in subsection
(b)have been attained. ###
(c)Contract Award Procedures ####
(1)Except as provided in paragraphs
(3)and (4), the Department shall solicit and award contracts for dredging through full and open competition in conformity with section 2304 of title 10, United States Code, section 15 of the Small Business Act (15 U.S.C. 644), and the implementing procurement regulations promulgated in conformity with section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 405). Nothing herein shall impair the award of contracts 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. ####
(2)Prior to making a determination to restrict a solicitation for the performance of a dredging contract for exclusive competition among 2 or more eligible small business concerns in accordance with section 19.5 of the Governmentwide Federal Procurement Regulation4 (48 C.F.R. 19.5, or any successor thereto), the contracting officer shall make a determination that each anticipated offeror is a responsible source (as defined under section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)) and has (or can demonstrate the capability to obtain) the specialized dredging equipment deemed necessary to perform the work to be required in accordance with the schedule to be specified in the solicitation. 4So in law. Probably refers to the Federal Acquisition Regulation. ####
(3)Contracting opportunities for dredging shall be reserved for competition among emerging small business concerns if their estimated award value is below an amount to be specified by the Administrator for Federal Procurement Policy (hereafter in this section referred to as the “Administrator”), upon the recommendation of the Secretary. Such reserve amount shall be established by the Administrator at the start of the program at a level which can reasonably be expected to result in the Department attaining the applicable participation goal for emerging small business concerns. Such reserve threshold shall be reviewed by the Secretary and adjusted by the Administrator to the extent necessary on a semiannual basis beginning after the end of the second quarter of fiscal year 1989 on the basis of the aggregate of contract awards for the four fiscal year quarters preceding the date of the review. ####
(4)The Secretary shall restrict for competition among all eligible small business concerns such additional contracting opportunities for dredging in such numbers and at such estimated award values as can reasonably be expected to result in the Department exceeding the applicable participation goal for small business concerns generally. ###
(d)Acquisition Strategies To Foster Small Business Participation ####
(1)In attaining the goals for participation by small business concerns and emerging small business concerns, the Secretary is encouraged to: #####
(A)specify contract requirements and contractual terms and conditions that are conducive to competition by small business concerns and emerging small business concerns, consistent with the mission or program requirements of the Department; #####
(B)foster joint ventures, teaming agreements, and other similar arrangements, which permit small business concerns to effectively compete for contract opportunities for which an individual firm would lack the requisite capacity or capability needed to establish responsibility for the award of a contract; and #####
(C)foster subcontracting through plans negotiated and enforced pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) or solicitation requirements specifying minimum percentages of subcontracting for the purpose of determining the responsiveness of an offer. ####
(2)During the term of the program, data shall be collected pertaining to the actual size of the firm receiving an award as a small business concern or an emerging small business concern. ###
(e)Size Standard For the purposes of the program established by subsection (a), the size standard pertaining to standard industrial classification code 1629 (Dredging and Surface Cleanup Activities) in effect on October 1, 1988 shall remain in effect until September 30, 1990. ###
(f)Reports ####
(1)The Secretary shall furnish a report to the Committees on Small Business of the Senate and House of Representatives, the Administrator of the Small Business Administration, and the Administrator for Federal Procurement Policy within 120 days after September 30, 1995.,5 regarding compliance with this section 5So in law. Period should be after “section”. ####
(2)Interim reports shall be submitted annually within 90 days after the close of each fiscal year during the term of the program established under subsection (a). The Secretary may include recommendations regarding adjustments to the Department's participation goals for small business concerns and emerging small business concerns and to the applicable size standard, if the Secretary determines that such goals cannot reasonably be attained from the pool of firms meeting the current size standard. ### PART D AMENDMENTS TO THE SMALL BUSINESS ACT
Connectionstraces to 3
3 references not yet in our index
- 41 USC 405
- 48 CFR 19.5
- 41 USC 403(7)
Citation graph
cites case law
Sec. 722
EXPANDING SMALL BUSINESS PARTICIPATION IN DREDGING
Cite41 USC 405
Cite48 CFR 19.5
Cite41 USC 403(7)
Cites 6Cited by 0 across 0 sources