Volunteer management counselors. Travel expenses, etc. Make inventory of small business facilities. Coordinate utilization of small business. Consult with Government procurement and disposal officers. Obtain information on subcontracting. Define what is small within industries. prises, by disseminating such information, and by such other activities as are deemed appropriate by the Administration; and (B) in the case of any individual or group of persons cooperating with it in furtherance of the purposes of subparagraph (A), (i) to allow such an individual or group such use of the Administration's office facilities and related materials and services as the Administration deems appropriate; and (ii) to pay the transportation expenses and a per diem allowance in accordance with section 5703 of title 5, United States Code, to any such individual for travel and subsistence expenses incurred at the request of the Administration in connection with travel to a point more than fifty miles distant from the home of that individual in providing gratuitous services to small businessmen in furtherance of the purposes of subparagraph (A) or in connection with attendance at meetings sponsored by the Administration; 50 (2) to make a complete inventory of all productive facilities of small-business concerns or to arrange for such inventory to be made by any other governmental agency which has the facilities. In making any such inventory, the appropriate agencies in the several States may be requested to furnish an inventory of the productive facilities of smallbusiness concerns in each respective State if such an inventory is available or in prospect; (3) to coordinate and to ascertain the means by which the productive capacity of small-business concerns can be most effectively utilized; (4) to consult and cooperate with officers of the Government having procurement or property disposal powers, in order to utilize the potential productive capacity of plants operated by small-business concerns; (5) to obtain information as to methods and practices which Government prime contractors utilize in letting subcontracts and to take action to encourage the letting of subcontracts by prime contractors to small-business concerns at prices and on conditions and terms which are fair and equitable; (6) to determine within any industry the concerns, firms, persons, corporations, partnerships, cooperatives, or other business enterprises which are 50 Section 1017 of PL 89-754, the Demonstration Cities and Metropolitan Development Act of 1966, approved November 3, 1966 (80 Stat 1295), initially added this section to enable SBA to permit members of SCORE and other cooperating individuals and groups use of SBA's available office facilities and services. Section 105 of PL 90-104, the Small Business Act Amendments of 1967, approved October 11, 1967 (81 Stat. 268), added the authority to pay transportation expenses and a per diem allowance. Moreover, section 302(e) of PL 93-113, the Domestic Volunteer Service Act of 1973, approved October 1, 1973 (87 Stat. 394), provides that activities authorized under section 8(b) (1) of the Small Business Act shall be carried out under Title III of the former Act to the maximum extent possible. to be designated "small-business concerns" for the Certify concerns of competency. (7) (A) To certify to Government procurement Issue certificates officers, and officers engaged in the sale and disposal of Federal property, with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, and tenacity, of any small business concern or group of such concerns to receive and perform a specific Government contract. A Government procurement officer or an officer engaged in the sale and disposal of Federal property may not, for any reason specified in the preceding sentence, preclude any small business concern or group of such concerns from being awarded such contract without referring the matter for a final disposition to the Administration. (B) If a Government procurement officer finds that an otherwise qualified small business concern may be ineligible due to the provisions of section 35(a) of title 41, United States Code (the WalshHealey Public Contracts Act), he shall notify the Administration in writing of such finding. The Administration shall review such finding and shall either dismiss it and certify the small business concern to be an eligible Government contractor for a specific Government contract or if it concurs in the finding, forward the matter to the Secretary of Labor for final disposition, in which case the Administration may certify the small business concern only if the Secretary of Labor finds the small business concern not to be in violation. (C) In any case in which a small business concern or group of such concerns has been certified by the Administration pursuant to (A) or (B) to be a responsible or eligible Government contractor as to a Obtain reports from Government procurement agencies. Obtain reports from Government disposal agencies. Obtain information on allocation of materials. Study procurement and disposal programs. Insure fair treatment for small business. Establish Advisory boards. 72 Stat. 689. 15 U.S.C. 661 note. specific Government contract, the officers of the Government having procurement or property disposal powers are directed to accept such certification as conclusive, and shall let such Government contract to such concern or group of concerns without requiring it to meet any other requirement of responsibility or eligibility.51 (8) to obtain from any Federal department, establishment, or agency engaged in procurement or in the financing of procurement or production such reports concerning the letting of contracts and subcontracts and the making of loans to business concerns as it may deem pertinent in carrying out its functions under this Act; (9) to obtain from any Federal department, establishment, or agency engaged in the disposal of Federal property such reports concerning the solicitation of bids, time of sale, or otherwise as it may deem pertinent in carrying out its functions under this Act; (10) to obtain from suppliers of materials information pertaining to the method of filling orders and the bases for allocating their supply, whenever it appears that any small business is unable to obtain materials from its normal sources; (11) to make studies and recommendations to the appropriate Federal agencies to insure that a fair proportion of the total purchases and contracts for property and services for the Government be placed with small-business enterprises, to insure that a fair proportion of Government contracts for research and development be placed with small-business concerns, to insure that a fair proportion of the total sales of Government property be made to smallbusiness concerns, and to insure a fair and equitable share of materials, supplies, and equipment to smallbusiness concerns; (12) to consult and cooperate with all Government agencies for the purpose of insuring that smallbusiness concerns shall receive fair and reasonable treatment from such agencies; (13) to establish such advisory boards and committees as may be necessary to achieve the purposes of this Act and of the Small Business Investment Act of 1958; to call meetings of such boards and 51 Section 501 of PL 95-89. August 4, 1977 rewrote section 8(b) (7) which governs SBA'S COC program and gave the agency review authority on findings under Walsh-Healey. Paragraph (7) now authorizes the SBA to make all determinations regarding the responsibility of a small business concern to perform a specific Government contract, and, provides that a contract may not be withheld for any such reason without referring the matter to SBA for determination. If an otherwise qualified concern is in violation of the Walsh-Healey Act, this finding must be referred to SBA which is given the authority to either dismiss the finding and direct the officer to award the contract, or if it concurs, submit the finding to the Department of Labor for final disposition. Whenever SBA issues its Certificate of Competency, it shall be deemed conclusive and the contract awarded. 52 Assistance to be displaced by urban Stat. 421, 47 U.S.C. 1460. businesses to renewal. 63 Information, committees from time to time; to pay the transportation expenses and a per diem allowance in accordance with section 5703 of title 5, United States Code, to the members of such boards and committees for travel and subsistence expenses incurred at the request of the Administration in connection with travel to points more than fifty miles distant from the homes of such members in attending the meetings of such boards and committees; and to rent temporarily, within the District of Columbia or elsewhere, such hotel or other accommodations as are needed to facilitate the conduct of such meetings; (14) to provide at the earliest practicable time such information and assistance as may be appropriate, including information concerning eligibility for loans under section 7(b) (3), to local public agencies (as defined in section 110(h) of the Housing Act of 1949) and to small-business concerns to be displaced by federally aided urban renewal projects in order to assist such small-business concerns in reestablishing their operations; 53 and (15) to disseminate, without regard to the pro- dissemination. visions of section 3204 of title 39, United States 74 Stat. 661. Code, data and information, in such form as it shall deem appropriate, to public agencies, private organizations, and the general public. (c) The Administration shall from time to time make studies of matters materially affecting the competitive strength of small business, and of the effect on small business of Federal laws, programs, and regulations, and shall make recommendations to the appropriate Federal agency or agencies for the adjustment of such programs and regulations to the needs of small business. (d) (1) Within ninety days after the effective date of this subsection, the Administrator, the Secretary of Defense, and the Administrator of General Services shall cooperatively develop a small business subcontracting program which shall contain such provisions as may be appropriate to (A) enable small business concerns to be considered fairly as subcontractors and suppliers to contractors performing work or rendering services as prime contractors or subcontractors under Government procurement contracts, (B) insure that such prime contractors and subcontractors will consult through the appropriate procuring agency with the Administration when requested by the Administration, and (C) enable 54 Study competi tive position of small business. Small business program. subcontracting 52 Authority to establish advisory boards for the purpose of the Small Business Investment Act of 1958, as amended, and to pay expenses, per diem, and rent accommodations in connection with advisory board activities added by section 106 of PL 90-104, the Small Business Act Amendments of 1967, approved October 11, 1967. (81 Stat. 269). See section 20(c) (3) for limitations on travel expenses. 53 Paragraph 14 of section 8(b) added by section 305 (c) of PL 88-560, the Housing Act of 1964, approved September 2, 1964. (78 Stat. 786). 54 Paragraph 15 of section 8(b) added by section 107 of PL 90-104. the Small Business Act Amendments of 1967, approved October 11, 1967. (81 Stat. 269). Contracts included. SBA report and recommendations. Proprietary rights protected. the Administration to obtain from any Government procurement agency such available or reasonably obtainable information and records concerning subcontracting by its prime contractors and their subcontractors as the Administration may deem necessary: Provided, That such program shall not authorize the Administration to (i) prescribe the extent to which any contractor or subcontractor shall subcontract, (ii) specify the business concerns to which subcontracts shall be granted, or (iii) vest in the Administration authority respecting the administration of individual prime contracts or subcontracts: Provided, further, That such program shall provide that in evaluating bids or in selecting contractors for negotiated contracts, the extensive use of subcontractors by a proposed contractor shall be considered a favorable factor. The Secretary of Defense and the Administrator of General Services each shall promulgate regulations implementing the program as developed: Provided, That prior to the promulgation of such regulations, or any changes therein, the concurrence of the Administration shall be obtained, and if such concurrence cannot be obtained the matter in disagreement shall be submitted to the President who shall make the final determination. In addition, the Administrator of General Services and the Secretary of Defense may issue such other regulations concerning subcontracting not inconsistent with the small business subcontracting program as they each deem necessary or appropriate to effectuate their functions and responsibilities. (2) Every contract for property or services (including but not limited to contracts for research and development, maintenance, repair and construction, but excluding contracts to be performed entirely outside of the United States or its territories) in excess of $1,000,000 made by a Government department or agency, which in the opinion of the procuring agency offers substantial subcontracting possibilities, shall require the contractor to conform to the small business subcontracting program promulgated under this subsection, and to insert in all subcontracts and purchase orders in excess of $500,000 which offer substantial possibilities for further subcontracting a provision requiring the subcontractor or supplier to conform to such small business subcontracting program. (3) The Administration shall include in any report filed under section 10 (b) of this Act, information and such recommendations as it may deem appropriate, with respect to the administration of the small business subcontracting program established under this subsection. (4) Nothing in this subsection shall be construed to authorize the Administrator, the Secretary of Defense, or the Administrator of General Services to secure and |