Browse Arkansas Code titles and sections

15 U.S.C. § 657f — Procurement program for small business concerns owned and controlled by service-disabled veterans

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 657f — Procurement program for small business concerns owned and controlled by service-disabled veterans

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657f

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: eddc333653f6fbd44fe537a9f12cf77525f9b4014a46dcf3dc050bb86d3bb4ae. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_1a52c8fc939caa32fc639752
Source file: Laws/federal/codes/united-states-code/title-15/section-657f-procurement-program-for-small-business-concerns-owned-and-controlled-by--fdd8d21158.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8d78afdb6015759955ddbab0b467cef485182cb0d65f4e82462a20656b0dcf4b

Source location: Title 15, Chapter 14A, § 657f; chapter-14a-aid-to-small-business.md

Stored source content

**(a) Contracting officer defined** For purposes of this section, the term “contracting officer” has the meaning given such term in [section 2101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2101&num=0&edition=prelim). **(b) Certification of small business concerns owned and controlled by service-disabled veterans** With respect to a procurement program or preference established under this chapter that applies to prime contractors, the Administrator shall— (1) certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and (2) require the periodic recertification of such status. **(c) Sole source contracts** In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if— (1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity; (2) the anticipated award price of the contract (including options) will not exceed— (A) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or (B) $3,000,000, in the case of any other contract opportunity; and (3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. **(d) Restricted competition** In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans certified under subsection (b) if the contracting officer has a reasonable expectation that not less than 2 small business concerns owned and controlled by service-disabled veterans will submit offers and that the award can be made at a fair market price. **(e) Relationship to other contracting preferences** A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) if the procurement would otherwise be made from a different source under section 4124 or 4125 of title 18 or chapter 85 of title 41. **(f) Database of veteran-owned businesses** (1) Subject to paragraphs (2) through (6), the Administrator shall maintain a database of small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, and the veteran owners of such business concerns. (2) (A) To be eligible for inclusion in the database, such a veteran shall submit to the Administrator such information as the Administrator may require with respect to the small business concern or the veteran. Application for inclusion in the database shall constitute permission under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (commonly referred to as the Privacy Act) for the Administrator to obtain from the Secretary of Veterans Affairs such personal information maintained by the Secretary as may be necessary to verify the information contained in the application. (B) For purposes of this subsection— (i) the Secretary of Veterans Affairs shall— (I) verify an individual’s status as a veteran or a service-disabled veteran; and (II) establish a system to permit the Administrator to access, but not alter, the verification of such status; and (ii) the Administrator shall verify— (I) the status of a business concern as a small business concern; and (II) the ownership and control of such business concern. (C) The Administrator may not certify a concern under subsection (b) or [section 657f–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657f-1&num=0&edition=prelim) if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I). (3) Information maintained in the database shall be submitted on a voluntary basis by a veteran described in paragraph (1). (4) The Administrator shall make the database available to all Federal departments and agencies and shall notify each such department and agency of the availability of the database. (5) If the Administrator determines that the public dissemination of certain types of information maintained in the database is inappropriate, the Administrator shall take such steps as are necessary to maintain such types of information in a secure and confidential manner. (6) (A) If a small business concern is not included in the database because the Administrator does not certify the status of the concern as a small business concern owned and controlled by veterans (under [section 657f–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657f-1&num=0&edition=prelim)) or a small business concern owned and controlled by service-disabled veterans (under subsection (g) of this section), the concern may appeal the denial of certification to the Office of Hearings and Appeals of the Administration (as established under [section 634(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section634/i&num=0&edition=prelim)). The decision of the Office of Hearings and Appeals shall be considered a final agency action. (B) (i) If an interested party challenges the inclusion in the database of a small business concern owned and controlled by veterans or a small business concern owned and controlled by service-disabled veterans based on the status of the concern as a small business concern or the ownership or control of the concern, the challenge shall be heard by the Office of Hearings and Appeals as described in subparagraph (A). The decision of the Office of Hearings and Appeals shall be considered final agency action. (ii) In this subparagraph, the term “interested party” means— (I) the Secretary of Veterans Affairs or the Administrator; or (II) in the case of a small business concern that is awarded a contract, the applicable contracting officer or another small business concern that submitted an offer for the contract that was awarded to the small business concern that is the subject of a challenge made under clause (i). **(g) Certification requirement** Notwithstanding subsection (c), a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans. **(h) Enforcement; penalties** (1) **Verification of eligibility** — In carrying out this section, the Administrator shall establish procedures relating to— (A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (b)); and (B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (b). (2) **Examinations** — The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (b), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (b). (3) **Enforcement; penalties** Rules similar to the rules of paragraphs (5) and (6) of [section 637(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/m&num=0&edition=prelim) shall apply for purposes of this section and [section 657f–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657f-1&num=0&edition=prelim). **(i) Provision of data** Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection (b) or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under [section 657f–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657f-1&num=0&edition=prelim).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8127 — Small business concerns owned and controlled by veterans: contracting goals and preferences

**(a) Contracting Goals.—** (1) In order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, the Secretary shall— (A) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans who are not veterans with service-connected disabilities in accordance with paragraph (2); and (B) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans with service-connected disabilities in accordance with paragraph (3). (2) The goal for a fiscal year for participation under paragraph (1)(A) shall be determined by the Secretary. (3) The goal for a fiscal year for participation under paragraph (1)(B) shall be not less than the Government-wide goal for that fiscal year for participation by small business concerns owned and controlled by veterans with service-connected disabilities under section 15(g)(1) of the Small Business Act ([15 U.S.C. 644(g)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/g/1&num=0&edition=prelim)). (4) The Secretary shall establish a review mechanism to ensure that, in the case of a subcontract of a Department contract that is counted for purposes of meeting a goal established pursuant to this section, the subcontract was actually awarded to a business concern that may be counted for purposes of meeting that goal. **(b) Use of Noncompetitive Procedures for Certain Small Contracts.—** Except as provided in subsection (d)(2), for purposes of meeting the goals under subsecti

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8127

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2101 — Definitions

In this chapter: (1) **Contracting officer.—** — The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract. (2) **Contractor bid or proposal information.—** — The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly: (A) Cost or pricing data (as defined in [section 3701 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3701&num=0&edition=prelim) with respect to procurements subject to that section and [section 3501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3501/a&num=0&edition=prelim) with respect to procurements subject to that section). (B) Indirect costs and direct labor rates. (C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation. (D) Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation. (3) **Federal agency.—** — The term “Federal agency” has the meaning given that term in [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim). (4) **Federal agency procurement.—** — The term “Federal agency procurement” means the acquisition (by using

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7111 — Exclusive recognition of labor organizations

**(a)** An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election. **(b)** If a petition is filed with the Authority— (1) by any person alleging— (A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or (B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or (2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the Authority shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Authority finds on the record of the hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. **(c)** A labor organization which— (1) has been designated by at least 10 percent of the employees in the unit specified in any petition file

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7111

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 637 — Additional powers

**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes** (1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 644 — Awards or contracts

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 657f–1 — Certification of small business concerns owned and controlled by veterans

**(a) In general** With respect to the program established under [section 8127 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8127&num=0&edition=prelim), the Administrator shall— (1) certify the status of a concern as a small business concern owned and controlled by veterans; and (2) require the periodic recertification of such status. **(b) Enforcement; penalties** (1) **Verification of eligibility** — In carrying out this section, the Administrator shall establish procedures relating to— (A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under [section 657f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657f&num=0&edition=prelim) (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and (B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a). (2) **Examination of applicants** — The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a).

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657f–1

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 657s — Limitations on subcontracting

**(a) In general** If awarded a contract under section 637(a), 637(m), 644(a), 657a, or 657f of this title, a covered small business concern— (1) in the case of a contract for services, may not expend on subcontractors more than 50 percent of the amount paid to the concern under the contract; (2) in the case of a contract for supplies (other than from a regular dealer in such supplies), may not expend on subcontractors more than 50 percent of the amount, less the cost of materials, paid to the concern under the contract; (3) in the case of a contract described in paragraphs (1) and (2)— (A) shall determine for which category, services (as described in paragraph (1)) or supplies (as described in paragraph (2)), the greatest percentage of the contract is awarded; (B) shall determine the amount awarded under the contract for that category of services or supplies; and (C) may not expend on subcontractors, with respect to the amount determined under subparagraph (B), more than 50 percent of that amount; and (4) in the case of a contract which is principally for supplies from a regular dealer in such supplies, and which is not a contract principally for services or construction, shall supply the product of a domestic small business manufacturer or processor, unless a waiver of such requirement is granted— (A) by the Administrator, after reviewing a determination by the applicable contracting officer that no small business manufacturer or processor can reasonably be expected to offer a product meeting the specifications (including period for performance) required by the contract; or (B) by the Administrator for a product (or class of products), after determining that no small business manufacturer or processor is available to participate in the Federal procu

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657s

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.