disadvantaged enterprises

disadvantaged enterprises Sec. 563. (a) Except to the extent that the Administrator of the Agency for International Development of the Foreign Assistance Act of 1961 determines otherwise, not less than 10 percent of the aggregate amount made available for the current fiscal year for the “Development Assistance Fund”, “Population, Development Assistance”, and the “Development Fund for Africa” shall be made available only for activities of United States organizations and individuals that are— (1) business concerns owned and controlled by socially and economically disadvantaged individuals, (2) historically black colleges and universities, 106 STAT. 1679 (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)(1) 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 sub-Saharan Africa for the current fiscal year. (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 sub-section (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 other-wise 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 m 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. (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.