AMENDMENTS TO THE DREDGING DEMONSTRATION PROGRAM.

SEC. 203. AMENDMENTS TO THE DREDGING DEMONSTRATION PROGRAM. (a) Modification of the Small Business Participation Goals.—The first sentence of section 722(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3895) is amended— (1) by striking “and” at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(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.”. (b) Exclusion of Certain Contracts.—Section 722(b) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3896) is further amended— (1) by striking “total dollar value of contracts” and inserting “aggregate value of all suitable contracts”; and (2) by striking the last sentence and inserting the following: “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) Qualified Small Business Competitors.—Section 722(c) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3896) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: “(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 Regulation (48 C.F.R. 19.5, or any successor thereto), the contracting officer shall make a determination that each anticipated offeror 106 STAT. 997is 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.”. (d) Contract Award Procedures.—Section 722(c) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3896) is further amended— (1) in the first sentence of paragraph (1), by striking “in paragraphs (2) and (3)” and inserting “in paragraphs (3) and (4)”; and (2) in paragraph (4) (as redesignated by subsection (c)), by striking “attaining” and inserting “exceeding”. (e) Reports.—Section 722(f) of the Small Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note, 102 Stat. 3896) is amended— (1) in paragraph (1), by striking “September 30, 1992” and inserting “September 30, 1995”; and (2) in paragraph (2), by striking “of the fiscal years 1989, 1990, and 1991” and inserting “fiscal year during the term of the program established under subsection (a)”.