15 U.S.C. § 644a — Small Business Procurement Advisory

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 department or agency head, or his or her designee, and must be given due consider- ation. If there is an unresolvable conflict, then the SBA or the department or agency can seek assistance from the OMB. SEC. 8. Awards Program. The Secretary of Commerce and the Administrator of the SBA shall jointly under- take a feasibility study to determine the appropriate- ness of an awards program for executive departments and agencies who best exemplify the letter and intent of this order in increasing opportunities for 8(a)s, SDBs, and MBEs in Federal procurement. Such study shall be presented to the President within 90 days of the date of this order. SEC. 9. Applicability. Independent agencies are re- quested to comply with the provisions of this order. SEC. 10. Administration, Enforcement, and Judicial Re- view. (a) This order shall be carried out to the extent per- mitted by law and consistent with the Administration’s priorities and appropriations. (b) This order is not intended and should not be con- strued to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employ- ees. WILLIAM J. CLINTON. DELEGATION OF AUTHORITY TO ESTABLISH ANNUAL GOALS FOR PARTICIPATION OF SMALL BUSINESS CON- CERNS IN PROCUREMENT CONTRACTS Memorandum of the President of the United States, June 6, 1990, 55 F.R. 27453–27455, provided: Memorandum for the Director of the Office of Man- agement and Budget By the authority vested in me as President by the Constitution and laws of the United States, including section 15(g) of the Small Business Act, as amended [subsec. (g) of this section], and section 301 of Title 3 of the United States Code, I hereby delegate to the Direc- tor of the Office of Management and Budget the author- ity vested in the President to establish the annual goals required by Section 502 of the Business Oppor- tunity Development Reform Act of 1988 (P.L. 100–656) [amending this section]. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE BUSH. CONTINUED COMMITMENT TO SMALL, SMALL DISADVAN- TAGED, AND SMALL WOMEN-OWNED BUSINESSES IN FED- ERAL PROCUREMENT Memorandum of President of the United States, Oct. 13, 1994, 59 F.R. 52397, provided: Memorandum for the Heads of Executive Depart- ments and Agencies [and] the President’s Management Council It is the policy of the Federal Government that a fair proportion of its contracts be placed with small, small disadvantaged, and small women-owned businesses. Such businesses should also have the maximum prac- ticable opportunity to participate as subcontractors in contracts awarded by the Federal Government con- sistent with efficient contract performance. I am com- mitted to the continuation of this policy. Therefore, I ask that you encourage the use of various tools, includ- ing set-asides, price preferences, and section 8(a) of the Small Business Act (15 U.S.C. 637(a)), as necessary to achieve this policy objective. The Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts] author- izes civilian agencies to utilize set-aside procurements for small disadvantaged businesses. The Act also, for the first time, establishes goals for contracting with small women-owned businesses. These provisions, along with others in the Act, will provide greater access to Federal Government business opportunities for small, small disadvantaged, and small women-owned busi- nesses. Department and agency heads should ensure that efforts to streamline acquisition procedures en- courage the participation of these businesses in Federal procurements. This memorandum shall be published in the Federal Register. WILLIAM J. CLINTON. § 644a. Small Business Procurement Advisory Council (a) Establishment There is hereby established an interagency council to be known as the ‘‘Small Business Pro- curement 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 procure- ment regulations affecting the small business community; (2) to submit comments reflecting such posi- tions to appropriate regulatory authorities; (3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization estab- lished under section 644(k) of this title to de- termine the compliance of each Office with re- quirements under such section; (4) to identify best practices for maximizing small business utilization in Federal con- tracting 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 Representa- tives and the Committee on Small Business and Entrepreneurship of the Senate a report describing— (A) the comments submitted under para- graph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the com- ments; (B) the results of reviews conducted under paragraph (3) during such 1-year period; and Page 1002 TITLE 15—COMMERCE AND TRADE § 645 1 So in original. Following provision probably should be set flush with par. (1). (C) best practices identified under para- graph (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 Admin- istrator). (2) The Director of the Minority Business Development Agency. (3) The head of each Office of Small and Dis- advantaged Business Utilization in each Fed- eral agency having procurement powers. (d) Chairman The Council shall be chaired by the Adminis- trator 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 pro- curement regulations affecting the small busi- ness 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). (Pub. L. 103–355, title VII, § 7104, Oct. 13, 1994, 108 Stat. 3369; Pub. L. 112–239, div. A, title XVI, § 1692, Jan. 2, 2013, 126 Stat. 2089.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 644 of this title. Section was enacted as part of the Federal Acquisi- tion Streamlining Act of 1994, and not as part of the Small Business Act which comprises this chapter. AMENDMENTS 2013—Subsec. (b)(3) to (5). Pub. L. 112–239, § 1692(a), added pars. (3) to (5). Subsec. (c)(3). Pub. L. 112–239, § 1692(b), struck out ‘‘(established under section 644(k) of this title)’’ after ‘‘Utilization’’. Subsec. (d). Pub. L. 112–239, § 1692(c), inserted ‘‘(or the designee of the Administrator)’’ after ‘‘Small Business Administration’’. § 645. Offenses and penalties (a) False statements; overvaluation of securities Whoever makes any statement knowing it to be false, or whoever willfully overvalues any se- curity, for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, deferment of action, or oth- erwise, or the acceptance, release, or substi- tution of security therefor, or for the purpose of influencing in any way the action of the Admin- istration, or for the purpose of obtaining money, property, or anything of value, under this chap- ter, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. (b) Embezzlement, etc. Whoever, being connected in any capacity with the Administration, (1) embezzles, ab- stracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or oth- erwise entrusted to it, or (2) with intent to de- fraud the Administration or any other body politic or corporate, or any individual, or to de- ceive any officer, auditor, or examiner of the Administration, makes any false entry in any book, report, or statement of or to the Adminis- tration, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, or (3) with intent to defraud participates or shares in or receives directly or indirectly any money, profit, property, or ben- efit through any transaction, loan, commission, contract, or any other act of the Administra- tion, or (4) gives any unauthorized information concerning any future action or plan of the Ad- ministration which might affect the value of se- curities, or, having such knowledge, invests or speculates, directly or indirectly, in the securi- ties or property of any company or corporation receiving loans or other assistance from the Ad- ministration, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both. (c) Concealment, etc. Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Admin- istration, shall be fined not more than $5,000 or imprisoned not more than five years, or both; but if the value of such property does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (d) Misrepresentation, etc. (1) Whoever misrepresents the status of any concern or person as a ‘‘small business con- cern’’, a ‘‘qualified HUBZone small business con- cern’’, a ‘‘small business concern owned and con- trolled by service-disabled veterans’’, a ‘‘small business concern owned and controlled by vet- erans’’, a ‘‘small business concern owned and controlled by socially and economically dis- advantaged individuals’’, or a ‘‘small business concern owned and controlled by women’’, in order to obtain for oneself or another any— (A) prime contract to be awarded pursuant to section 637, 638, 644, 657a, 657f, or 657f–1 of this title; (B) subcontract to be awarded pursuant to section 637(a) of this title; (C) subcontract that is to be included as part or all of a goal contained in a subcontracting plan required pursuant to section 637(d) of this title; or (D) prime or subcontract to be awarded as a result, or in furtherance, of any other provi- sion of Federal law that specifically references section 637(d) of this title for a definition of program eligibility,1 shall be subject to the penalties and remedies described in paragraph (2). (2) Any person who violates paragraph (1) shall—