Chapter 14A, Section 637, Subsection (b) · 15 U.S.C. Chapter 14A

Contents

(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes54 changes
(b) Procurement and property disposal powers; determination of small-business concerns24 changes
(c) [Reserved]3 changes
(d) Performance of contracts by small business concerns; inclusion of required contract clause; subcontracting plans; contract eligibility; incentives; breach of contract; review; report to Congress68 changes
(e) Covered executive agency activities; procurement notice; publication; time limitations11 changes
(f) Contents of notice3 changes
(g) Exempted, etc., activities of executive agency6 changes
(h) Award of contracts; procedures other than competitive ones; exceptions3 changes
(i) Availability; complete solicitation package; fees
(j) “Executive agency” defined
(k) Notices of subcontracting opportunities2 changes
(l) Management assistance for small businesses affected by military operations2 changes
(m) Procurement program for women-owned small business concerns7 changes
(n) Business grants and cooperative agreements1 change

(b)It shall also be the duty of the Administration and it is empowered, whenever it determines such action is necessary—

(1)

(A)to provide—

(i)technical, managerial, and informational aids to small business concerns—

(I)by advising and counseling on matters in connection with Government procurement and policies, principles, and practices of good management;

(II)by cooperating and advising with—

(aa)voluntary business, professional, educational, and other nonprofit organizations, associations, and institutions (except that the Administration shall take such actions as it determines necessary to ensure that such cooperation does not constitute or imply an endorsement by the Administration of the organization or its products or services, and shall ensure that it receives appropriate recognition in all printed materials); and

(bb)other Federal and State agencies;

(III)by maintaining a clearinghouse for information on managing, financing, and operating small business enterprises; and

(IV)by disseminating such information, including through recognition events, and by other activities that the Administration determines to be appropriate; and

(ii)through cooperation with a profit-making concern (referred to in this paragraph as a “cosponsor”), training, information, and education to small business concerns, except that the Administration shall—

(I)take such actions as it determines to be appropriate to ensure that—

(aa)the Administration receives appropriate recognition and publicity;

(bb)the cooperation does not constitute or imply an endorsement by the Administration of any product or service of the cosponsor;

(cc)unnecessary promotion of the products or services of the cosponsor is avoided; and

(dd)utilization of any one cosponsor in a marketing area is minimized; and

(II)develop an agreement, executed on behalf of the Administration by an employee of the Administration in Washington, the District of Columbia, that provides, at a minimum, that—

(aa)any printed material to announce the cosponsorship or to be distributed at the cosponsored activity, shall be approved in advance by the Administration;

(bb)the terms and conditions of the cooperation shall be specified;

(cc)only minimal charges may be imposed on any small business concern to cover the direct costs of providing the assistance;

(dd)the Administration may provide to the cosponsorship mailing labels, but not lists of names and addresses of small business concerns compiled by the Administration;

(ee)all printed materials containing the names of both the Administration and the cosponsor shall include a prominent disclaimer that the cooperation does not constitute or imply an endorsement by the Administration of any product or service of the cosponsor; and

(ff)the Administration shall ensure that it receives appropriate recognition in all cosponsorship printed materials.

(B)To establish, conduct, and publicize, and to recruit, select, and train volunteers for (and to enter into contracts, grants, or cooperative agreements therefor), volunteer programs, including a Service Corps of Retired Executives (SCORE) and an Active Corps of Executive (ACE) for the purposes of subparagraph (A). To facilitate the implementation of such volunteer programs the Administration shall maintain at its headquarters and pay the salaries, benefits, and expenses of a volunteer and professional staff to manage and oversee the program. Any such payments made pursuant to this subparagraph shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. Notwithstanding any other provision of law, SCORE may solicit cash and in-kind contributions from the private sector to be used to carry out its functions under this chapter, and may use payments made by the Administration pursuant to this subparagraph for such solicitation and the management of the contributions received.

(C)To allow any individual or group of persons participating with it in furtherance of the purposes of subparagraphs (A) and (B) to use the Administration’s office facilities and related material and services as the Administration deems appropriate, including clerical and stenographic services:

(i)such volunteers, while carrying out activities under this paragraph shall be deemed Federal employees for the purposes of the Federal tort claims provisions in title 28; and for the purposes of subchapter I of chapter 81 of title 5 (relative to compensation to Federal employees for work injuries) shall be deemed civil employees of the United States within the meaning of the term “employee” as defined in section 8101 of title 5, and the provisions of that subchapter shall apply except that in computing compensation benefits for disability or death, the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS–11 employee;

(ii)the Administrator is authorized to reimburse such volunteers for all necessary out-of-pocket expenses incident to their provision of services under this chapter, or in connection with attendance at meetings sponsored by the Administration, or for the cost of malpractice insurance, as the Administrator shall determine, in accordance with regulations which he or she shall prescribe, and, while they are carrying out such activities away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for individuals serving without pay; and

(iii)such volunteers shall in no way provide services to a client of such Administration with a delinquent loan outstanding, except upon a specific request signed by such client for assistance in connection with such matter.

(D)Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to this paragraph shall be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, disability, retirement, public assistance, or similar benefit payments, or minimum wage laws.

(E)In carrying out its functions under subparagraph (A), to make grants (including contracts and cooperative agreements) to any public or private institution of higher education for the establishment and operation of a small business institute, which shall be used to provide business counseling and assistance to small business concerns through the activities of students enrolled at the institution, which students shall be entitled to receive educational credits for their activities.

(F)Notwithstanding any other provision of law and pursuant to regulations which the Administrator shall prescribe, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings arising directly out of the performance of activities pursuant to this paragraph, to which volunteers have been made parties.

(G)In carrying out its functions under this chapter and to carry out the activities authorized by title IV of the Women’s Business Ownership Act of 1988 [15 U.S.C. 7101 et seq.], the Administration is authorized to accept, in the name of the Administration, and employ or dispose of in furtherance of the purposes of this chapter, any money or property, real, personal, or mixed, tangible, or intangible, received by gift, devise, bequest, or otherwise; and, further, to accept gratuitous services and facilities.

(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 small-business 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 to be designated “small-business concerns” for the purpose of effectuating the provisions of this chapter. To carry out this purpose the Administrator, when requested to do so, shall issue in response to each such request an appropriate certificate certifying an individual concern as a “small-business concern” in accordance with the criteria expressed in this chapter. Any such certificate shall be subject to revocation when the concern covered thereby ceases to be a “small-business concern”. Offices of the Government having procurement or lending powers, or engaging in the disposal of Federal property or allocating materials or supplies, or promulgating regulations affecting the distribution of materials or supplies, shall accept as conclusive the Administration’s determination as to which enterprises are to be designated “small-business concerns”, as authorized and directed under this paragraph;

(7)

(A)To certify to Government procurement 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) 1 of title 41, 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 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. Notwithstanding the first sentence of this subparagraph, the Administration may not establish an exemption from referral or notification or refuse to accept a referral or notification from a Government procurement officer made pursuant to subparagraph (A) or (B) of this paragraph, but nothing in this paragraph shall require the processing of an application for certification if the small business concern to which the referral pertains declines to have the application processed.

(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 chapter;

(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 chapter;

(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 small-business concerns, and to insure a fair and equitable share of materials, supplies, and equipment to small-business concerns;

(12)to consult and cooperate with all Government agencies for the purpose of insuring that small-business 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 chapter and of the Small Business Investment Act of 1958 [15 U.S.C. 661 et seq.]; to call meetings of such boards and committees from time to time; to pay the transportation expenses and a per diem allowance in accordance with section 5703 of title 5 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 meeting 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 636(b)(3) of this title, to local public agencies (as defined in section 110(h) of the Housing Act of 1949 [42 U.S.C. 1460(h)]) 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;

(15)to disseminate, without regard to the provisions of section 3204 of title 39 data and information, in such form as it shall deem appropriate, to public agencies, private organizations, and the general public;

(16)to 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 to make recommendations to the appropriate Federal agency or agencies for the adjustment of such programs and regulations to the needs of small business; and

(17)to make grants to, and enter into contracts and cooperative agreements with, educational institutions, private businesses, veterans’ nonprofit community-based organizations, and Federal, State, and local departments and agencies for the establishment and implementation of outreach programs for disabled veterans (as defined in section 4211(3) of title 38), veterans, and members of a reserve component of the Armed Forces, provided that—

(A)the Administrator considers the needs of disabled veterans (as defined in section 4211(3) of title 38), veterans, and members of a reserve component of the Armed Forces equally, as part of the criteria for funding a continuation award or during the competition process for any grant, contract, or cooperative agreement made or entered into under this paragraph, including assigning equal value to any factors based on a designation as a disabled veteran (as defined in section 4211(3) of title 38), veteran, or member of a reserve component of the Armed Forces, and equally considering the ability of applicants to provide Boots to Business on military installations and the ability of applicants to provide Boots to Business Reboot training off military installations;

(B)for purposes of subparagraph (A), the term “continuation award” means a renewal or recompete, awarded at the discretion of the Administrator, for another 5-year project period for a grant, contract, or cooperative agreement under this paragraph that is made up of a base project period of 12 months, with up to 4 option periods of 12 months, subject to continuing program authority, availability of funds, and satisfactory performance by the recipient organization;

(C)the Administrator shall, not later than 1 year after December 23, 2024, issue guidance on the criteria described in subparagraph (A) to existing recipients of any grant, contract, or cooperative agreement made or entered into under this paragraph;

(D)the Administrator shall, for each budget period beginning after the date of the issuance of the guidance under subparagraph (C), incorporate the criteria described in subparagraph (A) into the funding agreement, and existing recipients of any grant, contract, or cooperative made or entered into under this paragraph shall have 1 full budget period to comply;

(E)if an existing recipient of any grant, contract, or cooperative agreement made or entered into under this paragraph does not meet the criteria included in the guidance issued under subparagraph (C) during the budget period described in subparagraph (D), the existing recipient shall have a period of 1 year, beginning after the budget period in which the existing recipient was assessed, to reach satisfactory performance and compliance with all terms and conditions of the award;

(F)if the Administrator fails to give equal weight to the needs of the groups described in subparagraph (A) during the competition process for any grant, contract, or cooperative agreement made or entered into under this paragraph, the Administrator shall, not later than 60 days after the closing date of the grant, contract, or cooperative agreement, provide written justification to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding why the grant, contract, or cooperative agreement was not made or entered into pursuant to subparagraph (A); and

(G)the Administrator shall provide full and fair consideration to any entity that has applied for a grant, contract, or cooperative agreement under this paragraph before December 23, 2024, if that entity applies for a future funding opportunity under this paragraph.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 200

Show every defined term

active service
has the meaning given that term in section 101(d)(3) of title 10.
Administrator
means the Small Business Administration and the Administrator thereof, respectively;
agency
has the meaning given the term in section 551 of title 5;
agency acquisition workforce
means the employees of a Federal agency that have procurement or acquisition responsibilities, including—
agricultural commodity
has the same meaning as in section 5602 of title 7.
agricultural enterprises
means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.
Alaska Native Corporation
has the same meaning as the term “Native Corporation” in section 1602 of title 43.
Alaska Native Village
has the same meaning as the term “Native village” in section 1602 of title 43.
an area affected by a disaster
includes any county, or county contiguous thereto, determined to be a disaster by the President, the Secretary of Agriculture or the Administrator of the Small Business Administration.
applicant
means an entity, organization, or individual that submits a proposal for an award or a cooperative agreement under this section.
appropriate committees of Congress
means—
appropriate congressional committees
means—
Assistant Administrator
means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (g);
Associate Administrator
means the Associate Administrator for International Trade described in subsection (a)(2);
association
means the association of small business development centers established under section 648(a)(3)(A) of this title;
at any tier
means any subcontractor other than a subcontractor who is a first tier subcontractor.
base closure area
means—
best in class
has the meaning given such term by the Director of the Office of Management and Budget.
Board
means a Regional Small Business Regulatory Fairness Board established under subsection (c);
bundled contract
means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements.
bundled or consolidated contract
has the meaning given in subsection (s).
bundling of contract requirements
means consolidating 2 or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract that is likely to be unsuitable for award to a small-business concern due to—
business advice and counseling
means providing advice and assistance on matters described in section 657e(c)(2)(B) of this title to small business concerns to guide them through the SBIR and STTR program process, from application to award and successful completion of each phase of the program.
catastrophic incident
means a major disaster that is comparable to the description of a catastrophic incident in the National Response Plan of the Administration, or any successor thereto.
census tract
means a census tract delineated by the United States Bureau of the Census in the most recent decennial census that is not located in a nonmetropolitan county and does not otherwise qualify as a qualified census tract.
certified development company
means a development company participating in the program under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);
Chief Acquisition Officer
means the employee of a Federal agency appointed or designated as the Chief Acquisition Officer for the Federal agency under section 1702(a) of title 41;
Chief Counsel for Advocacy
means the Chief Counsel for Advocacy of the Small Business Administration;
commercialization
means—
Committee
means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of title 41.
community development financial institution
has the meaning given the term in section 4702 of title 12);
community financial institutions
means—
computer crime
means—
continuation award
means a renewal or recompete, awarded at the discretion of the Administrator, for another 5-year project period for a grant, contract, or cooperative agreement under this paragraph that is made up of a base project period of 12 months, with up to 4 option periods of 12 months, subject to continuing program authority, availability of funds, and satisfactory performance by the recipient organization;
contracting officer
has the meaning given such term in section 2101(1) of title 41.
cooperative
means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.
cooperative research and development
means research or research and development conducted jointly by a small business concern and a research institution in which not less than 40 percent of the work is performed by the small business concern, and not less than 30 percent of the work is performed by the research institution;
cost
has the meaning given that term in section 661a of title 2;
covered agency
means a Federal agency required to have an SBIR program.
covered area
means an area in a State—
covered contract
means a contract relating to which a prime contractor is required to develop a subcontracting plan under paragraph (4) or (5).
covered energy efficiency loan
means a loan—
covered individual
means an individual who—
covered loan
means a loan made under this paragraph;
covered mentor
means a mentor that enters into an agreement under this chapter, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.
covered mortgage obligation
means any indebtedness or debt instrument incurred in the ordinary course of business that—
covered operations expenditure
means a payment for any business software or cloud computing service that facilitates business operations, product or service delivery, the processing, payment, or tracking of payroll expenses, human resources, sales and billing functions, or accounting or tracking of supplies, inventory, records and expenses;
covered period
means a consecutive period of 5 fiscal years preceding the most recent fiscal year.
covered pilot program
means any initiative, project, innovation, or other activity—
covered property damage cost
means a cost related to property damage and vandalism or looting due to public disturbances that occurred during 2020 that was not covered by insurance or other compensation;
covered protege
means a protege of a covered mentor that is a Puerto Rico business.
covered recipient
means an eligible recipient that—
covered rent obligation
means rent obligated under a leasing agreement in force before February 15, 2020;
covered sale
means a sale by a small business concern—
covered small business concern
means a small business concern that—
covered supplier cost
means an expenditure made by an entity to a supplier of goods for the supply of goods that—
covered territory business
means a small business concern that has its principal office located in one of the following:
covered territory mentor
means a mentor that enters into an agreement under this chapter, or under any mentor-protege program approved under subsection (b)(1), with a covered territory protege.
covered territory protege
means a protege of a covered territory mentor that is a covered territory business.
covered trade agreement
means a trade agreement being negotiated pursuant to section 4202(b) of title 19;
covered utility payment
means payment for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before February 15, 2020;
covered year
means, with respect to the information required under clause (i), the year covered by the annual report submitted under subsection (b)(7) in which the Administrator is required to include such information by clause (ii).
credit elsewhere
means—
credit union
means a State credit union or a Federal credit union, as those terms are defined, respectively, in section 1752 of title 12;
cyber strategy
means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and attacks;
destination marketing organization
means a nonprofit entity that is—
Director
means the Director of the National Institutes of Health;
disability
has the meaning given that term in section 12102 of title 42;
disaster
includes—
disaster area
means the area for which the President has declared a major disaster, during the period of the declaration.
disaster loan program of the Administration
means assistance under section 636(b) of this title, as amended by this Act;
disaster update period
means the period beginning on the date on which the President declares a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title, as added by this Act) and ending on the date on which such declaration terminates;
disaster-related substantial economic injury
means economic harm to a business concern that results in the inability of the business concern to—
drug-free workplace program
means a program that includes—
Efficiency Program
means the Small Business Energy Efficiency Program established under subsection (c)(1);
electric utility
has the meaning given that term in section 2602 of title 16;
eligible entity
means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.
eligible individual
means an individual who is eligible for disaster assistance under subsection (b)(1) relating to a major disaster relating to which the Administrator declares eligibility for additional disaster assistance under subsection (b)(9);
eligible intermediary
means an organization—
eligible recipient
means an individual or entity that is eligible to receive a covered loan;
eligible reservist
means a member of a reserve component of the Armed Forces ordered to perform active service for a period of more than 30 consecutive days.
eligible self-employed individual
has the meaning given the term in section 7002(b) of the Families First Coronavirus Response Act (Public Law 116–127);
eligible small business concern
means a small business concern—
eligible third-party investor
means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.
employee
includes individuals employed on a full-time, part-time, or other basis.
energy efficiency project
means the installation or upgrading of equipment that results in a significant reduction in energy usage;
energy measures
includes—
ESOP
has the meaning given the term “employee stock ownership plan” in section 4975(e)(7) of title 26.
essential employee
means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day-to-day operations of that small business concern.
executive agency
has the meaning provided such term in section 133 of title 41.
expected forgiveness amount
means the amount of principal that a lender reasonably expects a borrower to expend during the covered period on the sum of any—
Export Assistance Center
has the same meaning as in section 649 of this title.
export development activity
includes—
export finance specialist
means a full-time equivalent employee of the Office assigned to an Export Assistance Center to carry out the duties described in subsection (e);
express lender
means any lender authorized by the Administration to participate in the Express Loan Program.
express loan
means a loan in which a lender uses to the maximum extent practicable the loan analyses, procedures, and documentation of the lender to provide expedited processing of the loan application.
Express Loan Program
means the program for express loans established by the Administration under paragraph (25)(B), as in existence on April 5, 2004, with a guarantee rate of not more than 50 percent.
extramural budget
means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities, except that for the Department of Energy it shall not include amounts obligated for atomic energy defense programs solely for weapons activities or for naval reactor programs, and except that for the Agency for International Development it shall not include amounts obligated solely for general institutional support of international research centers or for grants to foreign countries;
Federal agency
means an executive agency as defined in section 105 of title 5 or a military department as defined in section 102 of such title, except that it does not include any agency within the Intelligence Community (as the term is defined in section 3.4(f) of Executive Order 12333 or its successor orders);
Federal banking regulator appraisal threshold
means the lesser of the threshold amounts set by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation for when a federally related transaction that is a commercial real estate transaction requires an appraisal prepared by a State licensed or certified appraiser.
federally funded award
means a Phase I, Phase II (including a Phase II award under subsection (cc)), or Phase III SBIR or STTR award made using a funding agreement;
first tier subcontractor
means a subcontractor who has a subcontract directly with the prime contractor.
foreign affiliation
means a funded or unfunded academic, professional, or institutional appointment or position with a foreign government or government-owned entity, whether full-time, part-time, or voluntary (including adjunct, visiting, or honorary);
foreign country of concern
means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Secretary of State;
foreign excess property
has the meaning given the term in section 102 of title 40;
full and open competition
has the meaning given that term in section 107 of title 41.
funding agreement
means any contract, grant, or cooperative agreement entered into between any Federal agency and any small business for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government;
Government procurement contract
means any contract for the procurement of any goods or services by any Federal agency.
Governor
means the chief executive of a State.
Governor-designated covered area
means a covered area that the Administrator has designated by approving a petition described under clause (ii).
graduation
means that the Program Participant is recognized as successfully completing the program by substantially achieving the targets, objectives, and goals contained in the concern’s business plan thereby demonstrating its ability to compete in the marketplace without assistance under this section or section 637(a) of this title.
handicapped individual
has the same meaning given such term in section 632(f) of this title.
Hearing Officer
means an individual appointed or redesignated under this subsection who is an attorney licensed by a State, commonwealth, territory or possession of the United States, or the District of Columbia.
hedge fund
has the meaning given that term in section 1851(h)(2) of title 12.
high performance green building
has the meaning given that term in section 17061 of title 42;
homeowners
includes owners and lessees of residential property and also includes personal property.
housing cooperative
means a cooperative housing corporation (as defined in section 216(b) of title 26) that employs not more than 300 employees;
impacted borrower
means an eligible recipient that—
incident
has the meaning given the term in section 3552 of title 44.
included business concern
means a business concern, including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) without regard for whether such a station is a concern as defined in section 121.105 of title 13, Code of Federal Regulations, or any successor thereto—
increased minimum performance standard
means a minimum performance standard established under paragraph (1)(A)(ii) or (2)(A)(ii) as modified under subparagraph (A) or (B), respectively, of paragraph (3) with respect to a small business concern.
Indian tribe
means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (within the meaning of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]) which—
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—
ineligible sources
means the following:
information technology
has the meaning given the term in section 3502 of title 44.
initial or second draw PPP loan
means a covered loan or a loan under paragraph (37) of section 636(a) of this title.
insured credit union
has the meaning given the term in section 1752 of title 12;
interested party
means—
intermediary
means— that seeks to borrow or has borrowed funds from the Administration to make microloans to small business concerns under this subsection;
lead small business development center
means a small business development center that receives reimbursement from the Administrator under paragraph (5).
local government
includes political subdivisions of a State such as counties, parishes, cities, towns and municipalities;
major disaster
has the meaning given that term in section 5122 of title 42.
major procurement center
means a procurement center that, in the opinion of the Administrator, purchases substantial dollar amounts of goods or services, including goods or services that are commercially available.
malign foreign talent recruitment program
has the meaning given such term in section 19237 of title 42;
management official
means, with respect to a small business lending company or a non-Federally regulated lender, an officer, director, general partner, manager, employee, agent, or other participant in the management of the affairs of the company’s or lender’s activities under section 636(a) of this title.
Medicaid program
means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
mentor
means an individual described in section 657e(c)(2) of this title.
mentor-protege program
means a program that pairs a mentor with a protege for the purpose of assisting the protege to compete for Federal prime contracts and subcontracts.
Mentoring Network
means an association, organization, coalition, or other entity (including an individual) that meets the requirements of section 657e(c) of this title.
micro-purchase threshold
has the meaning given such term in section 1902 of title 41.
microloan
means a short-term, fixed rate loan of not more than $50,000, made by an intermediary to a startup, newly established, or growing small business concern;
multiple award contract
means—
Native Hawaiian Organization
means any community service organization serving Native Hawaiians in the State of Hawaii which—
non-Federally regulated lender
means a business concern if—
nonmetropolitan county
means a county that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of title 26) at the time of the most recent census taken for purposes of selecting qualified census tracts and does not otherwise qualify as a qualified nonmetropolitan county.
nonprofit organization
means an organization that is described in section 501(c)(3) of title 26 and that is exempt from taxation under section 501(a) of title 26;
Office
means the Office of International Trade established under subsection (a)(1).
Ombudsman
means the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under subsection (b).
on-bill financing
means a low interest or no interest financing agreement between a small business concern and an electric utility for the purchase or installation of equipment, under which the regularly scheduled payment of that small business concern to that electric utility is not reduced by the amount of the reduction in cost attributable to the new equipment and that amount is credited to the electric utility, until the cost of the purchase or installation is repaid;
period of military conflict
means—
Phase I
means—
Phase II
means—
Phase III
means—
Phase III agreement
means a follow-on, non-SBIR or non-STTR funded contract as described in paragraph (4)(C) or paragraph (6)(C) of subsection (e).
pilot program
means each program established under paragraph (1).
planting
includes watering, application of fertilizer and herbicides, pruning and shaping, and other subsequent care and maintenance for a period of three years after the trees are planted;
preferred lender
means a lender participating in the Preferred Lender Program;
Preferred Lender Program
has the meaning given that term in subsection (a)(2)(C)(ii);
Preferred Lenders Program
means any program established by the Administrator, as authorized under the proviso in section 634(b)(7) of this title, under which a written agreement between the lender and the Administration delegates to the lender—
prime contract
has the meaning given such term in section 8701(4) of title 41.
prime contractor
has the meaning given such term in section 8701(5) of title 41.
private equity firm
has the meaning given the term “private equity fund” in section 1851(h)(2) of title 12.
private nonprofit organization
means an entity that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of such title;
Program
means the small business intermediary lending pilot program established under paragraph (2).
protege
means a small business concern that—
public or private organization for the handicapped
has the same meaning given such term in section 632(e) of this title.
Puerto Rico business
means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.
qualified area
means—
qualified borrower
means—
qualified census tract
has the meaning given that term in section 42(d)(5)(B)(ii) of title 26 as applied without regard to subclause (II) of such section and that is reflected in the online tool described under clause (i), except that this clause shall only apply—
qualified disaster area
means any census tract or nonmetropolitan county located in an area where a major disaster has occurred or an area in which a catastrophic incident has occurred if such census tract or nonmetropolitan county ceased to be qualified under subparagraph (A) or (B), as applicable, during the period beginning 5 years before the date on which the President declared the major disaster or the catastrophic incident occurred.
qualified employee trust
means, with respect to a small business concern, a trust—
qualified HUBZone small business concern
has the meaning given that term in section 31(b) 4.
qualified Indian tribe
means an Indian tribe as defined in section 5304(a) 1 of title 25, which owns and controls 100 per centum of a small business concern.
qualified nonmetropolitan county
means any county that is reflected in the online tool described under subparagraph (A)(i) and—
qualified private lender
means any privately-owned bank or other lending institution that—
recipient
means a person that receives an award or becomes party to a cooperative agreement under this section.
redesignated area
means any census tract that ceases to be qualified under subparagraph (A) and any nonmetropolitan county that ceases to be qualified under subparagraph (B) for a period of 3 years after the date on which the census tract or nonmetropolitan county ceased to be so qualified.
region of the Administration
means the geographic area served by a regional office of the Administration established under section 633(a) of this title.
renewable energy system
means a system of energy derived from—
research and development
means any activity which is (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied;
research institution
means a nonprofit institution, as defined in section 3703(5) 1 of this title, and includes federally funded research and development centers, as identified by the National Scientific Foundation in accordance with the governmentwide Federal Acquisition Regulation issued in accordance with section 1303(a)(1) of title 41 (or any successor regulation thereto);
rural area
means any county or other political subdivision of a State, the District of Columbia, or a territory or possession of the United States that is designated as a rural area by the Bureau of the Census;
rural small business concern
means an eligible small business concern located in a rural area, as that term is defined in section 1393(a)(2) of title 26;
SBIR
means a program under which a portion of a Federal agency’s research or research and development effort is reserved for award to small business concerns through a uniform process having—
scorecard
means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that—
seasonal employer
means an eligible recipient that—
senior official
means an individual appointed to a position in a Federal agency that is classified above GS–15 pursuant section 5108 of title 5, or any equivalent position, as determined by the Administrator.
senior procurement executive
means an official designated under section 1702(c) of title 41 as the senior procurement executive of a Federal agency participating in a SBIR or STTR program;
Service Corps of Retired Executives
means the Service Corps of Retired Executives authorized by section 637(b)(1) of this title;
service-disabled veteran
means a veteran with a disability that is service-connected (as defined in section 101(16) of title 38).
significant damage
means, with respect to property, uninsured losses of not less than 40 percent of the estimated fair replacement value or pre-disaster fair market value of the damaged property, whichever is lower.
similarly situated entity
means a subcontractor that—
simplified acquisition threshold
has the meaning given such term in section 134 of title 41.
small agricultural cooperative
means an association (corporate or otherwise) acting pursuant to the provisions of the Agricultural Marketing Act (12 U.S.C. 1141j), whose size does not exceed the size standard established by the Administration for other similar agricultural small business concerns.
small business concern
shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.
small business concern owned and controlled by service-disabled veterans
has the meaning given that term in section 3(q) 4.”
small business concern owned and controlled by socially and economically disadvantaged individuals
shall mean a small business concern— “The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act.
small business concern owned and controlled by veterans
shall mean a small business concern—
small business concern owned and controlled by women
shall mean a small business concern—