15 U.S.C. § 642 — Requirements for loans

Page 972 TITLE 15—COMMERCE AND TRADE § 641 thereunder, and (3) upon the condition that such official obtain the approval of the Attorney Gen- eral to any request thereunder before making the request. (d) Inapplicability of section when request or finding withdrawn Upon withdrawal of any request or finding hereunder, or upon withdrawal by the Attorney General of his approval of the voluntary agree- ment or program on which the request or finding is based, the provisions of this section shall not apply to any subsequent act, or omission to act, by reason of such finding or request. (Pub. L. 85–536, § 2[11], July 18, 1958, 72 Stat. 394.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see section 58 of this title and Tables. PRIOR PROVISIONS Prior similar provisions were contained in section 217 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 646 of this title. The provisions of section 211 of act July 30, 1953, formerly classified to this section, were transferred to section 2[10] of Pub. L. 85–536, and are classified to section 639(d), (f) of this title. See Codification note set out under section 631 of this title. Executive Documents EX. ORD. NO. 10493. DELEGATION OF FUNCTIONS Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, provided: SECTION 1. The functions conferred upon the Presi- dent by section 217 of the Small Business Act of 1953 [covered by this section] are hereby delegated to the Administrator of the Small Business Administration and shall be carried out as provided in the said section 217. SEC. 2. There is hereby delegated to the Adminis- trator of the Small Business Administration so much of the functions conferred upon the President by section 708 of the Defense Production Act of 1950, as amended [50 U.S.C. 4558], as necessary to effect changes in the composition of, or to take other action respecting vol- untary agreements and programs relating to, small- business production pools approved prior to July 31, 1953, pursuant to the said section 708 [50 U.S.C. 4558]: Provided, That this section shall not be construed as limiting the authority of the Director of the Office of Defense Mobilization under Executive Order No. 10480 of August 14, 1953 (18 F.R. 4939) [formerly set out as a note under section 2153 of the former Appendix to Title 50]. The functions delegated to the Administrator by this section shall be carried out as provided in section 708 of the Defense Production Act of 1950, as amended [50 U.S.C. 4558]. SEC. 3. Without prejudice to any action taken there- under, Executive Order No. 10370 of July 7, 1952 (17 F.R. 6141), is hereby revoked. DWIGHT D. EISENHOWER. § 641. Transfer to Administration of other func- tions, powers, and duties The President may transfer to the Adminis- tration any functions, powers, and duties of any department or agency which relate primarily to small-business problems. In connection with any such transfer, the President may provide for ap- propriate transfers of records, property, nec- essary personnel, and unexpended balances of appropriations and other funds available to the department or agency from which the transfer is made. (Pub. L. 85–536, § 2[12], July 18, 1958, 72 Stat. 394.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 218 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, as amended by act Aug. 9, 1955, ch. 628, § 12, 69 Stat. 551, which was previously classified to section 647 of this title. The provisions of section 212 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to sec- tion 637(b) of this title. See Codification note set out under section 631 of this title. Executive Documents EXECUTIVE ORDER NO. 10504 Ex. Ord. No. 10504, Dec. 1, 1953, 18 F.R. 7667, which pro- vided for the transfer of functions of the Small Defense Plants Administration to the Small Business Adminis- trator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EXECUTIVE ORDER NO. 11871 Ex. Ord. No. 11871, July 18, 1975, 40 F.R. 30915, which transferred the functions of ACTION Agency relating to the Service Corps of Retired Executives and Active Corps of Executives to the Small Business Administra- tion, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 642. Requirements for loans No loan shall be made or equipment, facilities, or services furnished by the Administration under this chapter to any business enterprise unless the owners, partners, or officers of such business enterprise (1) certify to the Adminis- tration the names of any attorneys, agents, or other persons engaged by or on behalf of such business enterprise for the purpose of expediting applications made to the Administration for as- sistance of any sort, and the fees paid or to be paid to any such persons; (2) execute an agree- ment binding any such business enterprise for a period of two years after any assistance is ren- dered by the Administration to such business enterprise, to refrain from employing, tendering any office or employment to, or retaining for professional services, any person who, on the date such assistance or any part thereof was rendered, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee of the Administration occupying a po- sition or engaging in activities which the Ad- ministration shall have determined involve dis- cretion with respect to the granting of assist- ance under this chapter; and (3) furnish the names of lending institutions to which such business enterprise has applied for loans to- gether with dates, amounts, terms, and proof of refusal. (Pub. L. 85–536, § 2[13], July 18, 1958, 72 Stat. 394.) Page 973 TITLE 15—COMMERCE AND TRADE § 644 Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title. § 643. Fair charge for use of Government-owned property To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will re- sult in a recovery of the direct costs incurred by the Administration. (Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title. § 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 determina- tion of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full pro- ductive 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 cat- egory’’ means a discrete group of similar goods and services, as determined by the Ad- ministrator 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 Amer- ican Industry Classification System codes if the Administrator receives evidence indi- cating that further segmentation of the in- dustry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic require- ments, except as provided in subparagraph (B); (iv) due to unique Federal buying pat- terns or requirements; or (v) to recognize a new industry. (B) Exception for geographic requirements The Administrator may not further seg- ment an industry category based on geo- graphic requirements unless— (i) the Government typically designates the geographic area where work for con- tracts for goods or services is to be per- formed; (ii) Government purchases comprise the major portion of the entire domestic mar- ket for such goods or services; and (iii) it is unreasonable to expect com- petition from business concerns located outside of the general geographic area due to the fixed location of facilities, high mo- bilization costs, or similar economic fac- tors. (3) Determinations with respect to awards or contracts Determinations made pursuant to paragraph (1) may be made for individual awards or con- tracts, any part of an award or contract or task order, or for classes of awards or con- tracts or task orders. (4) Increasing prime contracting opportunities for small business concerns (A) Description of covered proposed procure- ments The requirements of this paragraph shall apply to a proposed procurement that in- cludes in its statement of work goods or services currently being supplied or per- formed by a small business concern and, as determined by the Administrator— (i) is in a quantity or of an estimated dollar value which makes the participa- tion of a small business concern as a prime contractor unlikely; (ii) in the case of a proposed procure- ment for construction, seeks to bundle or consolidate discrete construction projects; or (iii) is a solicitation that involves an un- necessary or unjustified bundling of con- tract requirements. (B) Notice to procurement center representa- tives With respect to proposed procurements de- scribed in subparagraph (A), at least 30 days before issuing a solicitation and concurrent with other processing steps required before issuing the solicitation, the contracting agency shall provide a copy of the proposed procurement to the procurement center rep- resentative of the contracting agency (as de- scribed in subsection (l)) along with a state- ment explaining— (i) why the proposed procurement cannot be divided into reasonably small lots (not less than economic production runs) to permit offers on quantities less than the total requirement; (ii) why delivery schedules cannot be es- tablished on a realistic basis that will en- courage the participation of small business