104 STAT. 2040
PUBLIC LAW 101-513—NOV. 5, 1990
Africa.
Government
contracts.
Advertising.
Reports.
Regulations.
(3) colleges and universities having a student body in which
more than 40 per centum of the students are Hispanic American, and
(4) private voluntary organizations which are controlled by
individuals who are socially and economically disadvantaged.
(b)(l) In addition to other actions taken to carry out this section,
the actions described in paragraphs (2) through (5) shall be taken
with respect to development assistance and assistance for famine
recovery and development in Africa for fiscal year 1990.
(2) Notwithstanding any other provision of law, in order to achieve
the goals of this section, the Administrator—
(A) to the maximum extent practicable, shall utilize the
authority of section 8(a) of the Small Business Act (15 U.S.C.
637(a));
(B) to the maximum extent practicable, shall enter into contracts with small business concerns owned and controlled by
socially and economically disadvantaged individuals, and
organizations contained in paragraphs (2) through (4) of subsection (a)—
(i) using less than full and open competitive procedures
under such terms and conditions as the Administrator
deems appropriate, and
(ii) using an administrative system for justifications and
approvals that, in the Administrator's discretion, may best
achieve the purpose of this section; and
(C) shall issue regulations to require that any contract in
excess of $500,000 contain a provision requiring that no less
than 10 per centum of the dollar value of the contract be
subcontracted to entities described in subsection (a), except—
(i) to the extent the Administrator determines otherwise
on a case-by-case or category-of-contract basis; and
(ii) this subparagraph does not apply to any prime contractor that is an entity described in subsection (a).
(3) Each person with contracting authority who is attached to the
agency's headquarters in Washington, as well as all agency missions
and regional offices, shall notify the agency's Office of Small and
Disadvantaged Business Utilization at least seven business days
before advertising a contract in excess of $100,000, except to the
extent that the Administrator determines otherwise on a case-by-
case or category-of-contract basis.
(4) The Administrator shall include, as part of the performance
evaluation of any mission director of the agency, the mission director's efforts to carry out this section.
(5) The Administrator shall submit to the Congress annual reports
on the implementation of this section. Each such report shall specify
the number and dollar value or amount (as the case may be) of
prime contracts, subcontracts, grants, and cooperative agreements
awarded to entities described in subsection (a) during the preceding
fiscal year.
(6) 'The Administrator shall issue interim regulations to carry out
this section within ninety days after the date of the enactment of
this Act and final regulations within one hundred and eighty days
after that date.
(c) As used in this section, the term "socially and economically
disadvantaged individuals" has the same meaning that term is
given for purposes of section 8(d) of the Small Business Act, except
that the term includes women.
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