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15 U.S.C. § 644a — Small Business Procurement Advisory Council
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established an interagency council to be known as the “Small Business Procurement Advisory Council” (hereinafter in this section referred to as the “Council”).
**(b) Duties** The duties of the Council are—
(1) to develop positions on proposed procurement regulations affecting the small business community;
(2) to submit comments reflecting such positions to appropriate regulatory authorities;
(3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under [section 644(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/k&num=0&edition=prelim) to determine the compliance of each Office with requirements under such section;
(4) to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and
(5) to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—
(A) the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;
(B) the results of reviews conducted under paragraph (3) during such 1-year period; and
(C) best practices identified under paragraph (4) during such 1-year period.
**(c) Membership** The Council shall be composed of the following members:
(1) The Administrator of the Small Business Administration (or the designee of the Administrator).
(2) The Director of the Minority Business Development Agency.
(3) The head of each Office of Small and Disadvantaged Business Utilization in each Federal agency
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Source file: Laws/federal/codes/united-states-code/title-15/section-644a-small-business-procurement-advisory-council--a261776261.md
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Source location: Title 15, Chapter 14A, § 644a; chapter-14a-aid-to-small-business.md
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**(a) Establishment** There is hereby established an interagency council to be known as the “Small Business Procurement Advisory Council” (hereinafter in this section referred to as the “Council”).
**(b) Duties** The duties of the Council are—
(1) to develop positions on proposed procurement regulations affecting the small business community;
(2) to submit comments reflecting such positions to appropriate regulatory authorities;
(3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under [section 644(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/k&num=0&edition=prelim) to determine the compliance of each Office with requirements under such section;
(4) to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and
(5) to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—
(A) the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;
(B) the results of reviews conducted under paragraph (3) during such 1-year period; and
(C) best practices identified under paragraph (4) during such 1-year period.
**(c) Membership** The Council shall be composed of the following members:
(1) The Administrator of the Small Business Administration (or the designee of the Administrator).
(2) The Director of the Minority Business Development Agency.
(3) The head of each Office of Small and Disadvantaged Business Utilization in each Federal agency having procurement powers.
**(d) Chairman** The Council shall be chaired by the Administrator of the Small Business Administration (or the designee of the Administrator).
**(e) Meetings** The Council shall meet at the call of the chairman as necessary to consider proposed procurement regulations affecting the small business community.
**(f) Consideration of Council comments** The Federal Acquisition Regulatory Council and other appropriate regulatory authorities shall consider comments submitted in a timely manner pursuant to subsection (b)(2).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
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Federal law — U.S. Code and appendices · legal_authorities
Page 1001
TITLE 15—COMMERCE AND TRADE
§ 644a
reach specific ethnic and racial audiences. Each depart-
ment and agency shall ensure that payment for Federal
advertising is commensurate with fair market rates in
the relevant market. Each department and agency
shall structure advertising contracts as commercial ac-
quisitions consistent with part 12 of the Federal Acqui-
sition Regulation processes and paperwork to enhance
participation by 8(a)s, SDBs, and MBEs.
SEC. 5. Information Technology. Each department and
agency shall aggressively seek to ensure substantial
8(a), SDB, and MBE participation in procurements for
and related to information technology, including pro-
curements in the telecommunications industry. In so
doing, the Chief Information Officer in each depart-
ment and agency shall coordinate with procurement of-
ficials to implement this section.
SEC. 6. General Services Administration Schedules. The
SBA and the General Services Administration (GSA)
shall act promptly to expand inclusion of 8(a)s and
SDBs on GSA Schedules, and provide greater opportu-
nities for 8(a) and SDB participation in orders under
such schedules. The GSA should ensure that procure-
ment and program officials at all levels that use GSA
Schedules aggressively seek to utilize the Schedule
contracts of 8(a)s and SDBs. The GSA shall allow agen-
cies ordering from designated 8(a) firms under the Mul-
tiple Award Schedule to count those orders toward
their 8(a) procurement goals.
SEC. 7. Bundling Contracts. To the extent permitted by
law, departments and agencies must submit to the SBA
for review any contracts that are proposed to be bun-
dled. The determination of the SBA with regard to the
appropriateness of bundling in each instance must be
carefully reviewed by the
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