MANAGEMENT IMPROVEMENTS TO THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.

SEC. 202. MANAGEMENT IMPROVEMENTS TO THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM. (a) Implementation on a Fiscal Year Basis.—Section 712(d) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3890) is amended— (1) in paragraph (1), by striking “4 quarters” in the third sentence and inserting “4 fiscal year quarters”; and (2) in paragraph (3), by inserting “fiscal year” before “quarter”. (b) Targeted Application of Remedial Measures.—Section 713(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892) is amended— (1) in the first sentence, by striking “to the extent necessary for such agency to attain its goal” and inserting “only at those buying activities of the participating agency that failed to attain the small business participation goal required by section 712(a)”; (2) by striking the third sentence; and (3) by inserting after the first sentence, the following new sentence: “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).”. (c) Relationship to Related Law.—Section 713 of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892), as amended by subsection (b), is further amended by adding at the end the following new subsection: “(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.”. (d) Subcontracting Activity.—Section 714 of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: “(b) Subcontracting Activity.— “(1) Simplified data collection system.—The Administrator for Federal Procurement Policy shall develop and implement a simplified system to collect data on the participation of small business concerns (including small business concerns owned and controlled by socially and economically disadvantaged individuals) as other than prime contractors. “(2) Participating industries.— The system established under paragraph (1) shall be used to collect data regarding contracts for architectural and engineering services (including 106 STAT. 995surveying and mapping). The Administrator for Federal Procurement Policy may expand such system to collect data regarding such other designated industry groups as deemed appropriate. “(3) Participating agencies.— As part of the system established under paragraph (1) data shall be collected from— “(A) the Environmental Protection Agency; “(B) the National Aeronautics and Space Administration; “(C) the United States Army Corps of Engineers (Civil Works); and “(D) the Department of Energy. The Administrator for Federal Procurement Policy may require the participation of additional departments or agencies from the list of participating agencies designated in section 718. “(4) Determining small business participation rates.— The value of other than prime contract awards to small business concerns furnishing architectural and engineering services (including surveying and mapping) (or other services provided by small business concerns in other designated industry groups as may be designated for participation by the Administrator for Federal Procurement) shall be counted towards determining whether the small business participation goal required by section 712(a) has been attained. “(5) Duration.—The system described in subsection (a) shall be established not later than October 1, 1992 (or as soon as practicable thereafter on the first day of a subsequent quarter of fiscal year 1993), and shall terminate on September 30, 1996.”. (e) Status of Small Business Concerns.—Section 714(c) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3892) (as redesignated by subsection (d)) is amended— (1) in the subsection heading by inserting “and Status” after “Size”; (2) by inserting “and the status of the small business concern (as a small business concern owned and controlled by socially and economically disadvantaged individuals)” after “size of the small business concern”. (f) Reports to Congress.—Section 716 of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3893) is amended— (1) in the section heading, by striking “report” and inserting “reports”; (2) in the first sentence of subsection (a), by striking “fiscal year 1991 data is” and inserting “data for fiscal year 1991 and 1995 are”; and (3) in subsection (c), by striking “report” and inserting “report to be submitted during calendar year 1996”. (g) Improving Accuracy of Data Pertaining to A–E Services.—Section 717(d) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3894) is amended by inserting before the period at the end the following: “, and such contract was awarded under the qualification-based selection procedures required by title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”. 106 STAT. 996 (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. (i) Test Plan and Policy Direction.—The Administrator for Federal Procurement Policy shall issue appropriate modifications to the test plan and policy direction issued pursuant to section 715 of the Small Business Competitiveness Demonstration Program Act of 1988, to conform to the amendments made by this section and section 201(a).