Pub. L. 95-507, tit. II, ch. 3, sec. 221

Sec. 221. Section 15 of the Small Business Act is amended by adding at the end of subsection (f) the following new subsections: “(g) The head of each Federal agency shall, after consultation with the Administration, establish goals for the participation by small business concerns, and by small business concerns owned and controlled by socially and economically disadvantaged individuals, in procurement contracts of such agency having values of $10,000 or more. Goals established under this subsection shall be jointly established by the Administration and the head of each Federal agency and shall realistically reflect the potential of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to perform such contracts and to perform subcontracts under such contracts. Whenever the Administration and the head of any Federal agency fail to agree on established goals, the disagreement shall be submitted to the Administrator of the Office of Federal Procurement Policy for final determination. “(h) At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administration on the extent of participation by small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under subsection (g) of this section. The Administration shall submit to the Select Committee on Small Business of the Senate and 92 STAT. 1771the Committee on Small Business of the House of Representatives information obtained from such reports, together with appropriate comments. “(i) Nothing in this Act or any other provision of law precludes exclusive small business set-asides for procurements of architectural and engineering services, research, development, test and evaluation, and each Federal agency is authorized to develop such set-asides to further the interests of small business in those areas. “(j) Each contract for the procurement of goods and services which has an anticipated value of less than $10,000 and which is subject to small purchase procedures shall be reserved exclusively for small business concerns unless the contracting officer is unable to obtain offers from two or more small business concerns that are competitive with market prices and in terms of quality and delivery of the goods or services being purchased. In utilizing small purchase procedures, contracting officers shall, wherever circumstances permit, choose a method of payment which minimizes paperwork and facilitates prompt payment to contractors. “(k) There is hereby established in each Federal agency having procurement powers an office to be known as the ‘Office of Small and Disadvantaged Business Utilization’. The management of each such office shall be vested in an officer or employee of such agency who shall— “(1) be known as the ‘Director of Small and Disadvantaged Business Utilization’ for such agency, “(2) be appointed by the head of such agency, “(3) be responsible only to, and report directly to, the head of such agency or to his deputy, “(4) be responsible for the implementation and execution of the functions and duties under sections 8 and 15 of this Act which relate to such agency, “(5) have supervisory authority over personnel of such agency to the extent that the functions and duties of such personnel relate to functions and duties under sections 8 and 15 of this Act, “(6) assign a small business technical adviser to each office to which the Administration has assigned a procurement center representative— “(A) who shall be a full-time employee of the procuring activity and shall be well qualified, technically trained and familiar with the supplies or services purchased at the activity, and “(B) whose principal duty shall be to assist the Administration procurement center representative in his duties and functions relating to sections 8 and 15 of this Act, and “(7) cooperate, and consult on a regular basis, with the Administration with respect to carrying out the functions and duties described in paragraph (4) of this subsection. “This subsection shall not apply to the Administration.”.