Chapter 14A, Section 648, Subsection (c) · 15 U.S.C. Chapter 14A

Contents

(a) Grants, contracts and cooperative agreements for establishment of small business development centers and for small business activities and purposes; role of Administration; non-Federal additional amount; amount of grant; eligibility26 changes
(b) Area plan inconsistent with applicant’s plan: assistance unavailable 1981 through 1983; plan of applicant: submittal to Administration, action on plan, review by Administration, assistance to out-of-State businesses2 changes
(c) Problem-solving assistance; development center extension services; staff and access requirements; assistance services; changing services for evolving needs; qualified small business vendors; non-profit entities; cooperation with regional and local offices, etc.; information sharing system25 changes
(d) Enhancing export potential of businesses within State; State Office of International Trade
(e) Laboratory assistance; reimbursement for services1 change
(f) National Science Foundation; cooperation with Administration and Small Business Development Centers; center support
(g) National Aeronautics and Space Administration and regional technology transfer centers1 change
(h) Associate Administrator for Small Business Development Centers3 changes
(i) National Small Business Development Center Advisory Board; establishment; membership; term; Chairman; advisory and counseling functions; meetings; compensation2 changes
(j) Small business development center advisory board; establishment; chairman; conferences with director on policy1 change
(k) Program examination and accreditation3 changes
(l) Contract authority3 changes
(m) Prohibition on certain fees1 change
(n) Veterans assistance and services program1 change
(o) Cyber strategy training for small business development centers1 change

(c)

(1)Applicants receiving grants under this section shall assist small businesses in solving problems concerning operations, manufacturing, engineering, technology exchange and development, personnel administration, marketing, sales, merchandising, finance, accounting, business strategy development, and other disciplines required for small business growth and expansion, innovation, increased productivity, and management improvement, and for decreasing industry economic concentrations. Applicants receiving grants under this section may also assist small businesses by providing, where appropriate, education on the requirements applicable to small businesses under the regulations issued under section 2778 of title 22 and on compliance with those requirements.

(2)A small business development center shall provide services as close as possible to small businesses by providing extension services and utilizing satellite locations when necessary. The facilities and staff of each Small Business Development Center shall be located in such places as to provide maximum accessibility and benefits to the small businesses which the center is intended to serve. To the extent possible, it also shall make full use of other Federal and State government programs that are concerned with aiding small business. A small business development center shall have—

(A)a full-time staff, including a full-time director who shall have the authority to make expenditures under the center’s budget and who shall manage the program activities;

(B)access to business analysts to counsel, assist, and inform small business clients;

(C)access to technology transfer agents to provide state of art technology to small businesses through coupling with national and regional technology data sources;

(D)access to information specialists to assist in providing information searches and referrals to small business;

(E)access to part-time professional specialists to conduct research or to provide counseling assistance whenever the need arises;

(F)access to laboratory and adaptive engineering facilities; and

(G)access to cybersecurity specialists to counsel, assist, and inform small business concern clients, in furtherance of the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017.

(3)Services provided by a small business development center shall include, but shall not be limited to—

(A)furnishing one-to-one individual counseling to small businesses, including—

(i)working with individuals to increase awareness of basic credit practices and credit requirements;

(ii)working with individuals to develop business plans, financial packages, credit applications, and contract proposals;

(iii)working with the Administration to develop and provide informational tools for use in working with individuals on pre-business startup planning, existing business expansion, and export planning; and

(iv)working with individuals referred by the local offices of the Administration and Administration participating lenders;

(B)assisting in technology transfer, research and development, including applied research, and coupling from existing sources to small businesses, including—

(i)working to increase the access of small businesses to the capabilities of automated flexible manufacturing systems;

(ii)working through existing networks and developing new networks for technology transfer that encourage partnership between the small business and academic communities to help commercialize university-based research and development and introduce university-based engineers and scientists to their counterparts in small technology-based firms; and

(iii)exploring the viability of developing shared production facilities, under appropriate circumstances;

(C)in cooperation with the Department of Commerce and other relevant Federal agencies, actively assisting small businesses in exporting by identifying and developing potential export markets, facilitating export transactions, developing linkages between United States small business firms and prescreened foreign buyers, assisting small businesses to participate in international trade shows, assisting small businesses in obtaining export financing, and facilitating the development or reorientation of marketing and production strategies; where appropriate, the Small Business Development Center and the Administration may work in cooperation with the State to establish a State international trade center for these purposes;

(D)developing a program in conjunction with the Export-Import Bank and local and regional Administration offices that will enable Small Business Development Centers to serve as an information network and to assist small business applicants for Export-Import Bank financing programs, and otherwise identify and help to make available export financing programs to small businesses;

(E)working closely with the small business community, small business consultants, State agencies, universities and other appropriate groups to make translation services more readily available to small business firms doing business, or attempting to develop business, in foreign markets;

(F)in providing assistance under this subsection, applicants shall cooperate with the Department of Commerce and other relevant Federal agencies to increase access to available export market information systems, including the CIMS system;

(G)assisting small businesses to develop and implement strategic business plans to timely and effectively respond to the planned closure (or reduction) of a Department of Defense facility within the community, or actual or projected reductions in such firms’ business base due to the actual or projected termination (or reduction) of a Department of Defense program or a contract in support of such program—

(i)by developing broad economic assessments of the adverse impacts of—

(I)the closure (or reduction) of the Department of Defense facility on the small business concerns providing goods or services to such facility or to the military and civilian personnel currently stationed or working at such facility; and

(II)the termination (or reduction) of a Department of Defense program (or contracts under such program) on the small business concerns participating in such program as a prime contractor, subcontractor or supplier at any tier;

(ii)by developing, in conjunction with appropriate Federal, State, and local governmental entities and other private sector organizations, the parameters of a transition adjustment program adaptable to the needs of individual small business concerns;

(iii)by conducting appropriate programs to inform the affected small business community regarding the anticipated adverse impacts identified under clause (i) and the economic adjustment assistance available to such firms; and

(iv)by assisting small business concerns to develop and implement an individualized transition business plan.3

(H)maintaining current information concerning Federal, State, and local regulations that affect small businesses and counsel 4 small businesses on methods of compliance. Counseling and technology development shall be provided when necessary to help small businesses find solutions for complying with environmental, energy, health, safety, and other Federal, State, and local regulations;

(I)coordinating and conducting research into technical and general small business problems for which there are no ready solutions;

(J)providing and maintaining a comprehensive library that contains current information and statistical data needed by small businesses;

(K)maintaining a working relationship and open communications with the financial and investment communities, legal associations, local and regional private consultants, and local and regional small business groups and associates in order to help address the various needs of the small business community;

(L)conducting in-depth surveys for local small business groups in order to develop general information regarding the local economy and general small business strengths and weaknesses in the locality;

(M)in cooperation with the Department of Commerce, the Administration and other relevant Federal agencies, actively assisting rural small businesses in exporting by identifying and developing potential export markets for rural small businesses, facilitating export transactions for rural small businesses, developing linkages between United States’ rural small businesses and prescreened foreign buyers, assisting rural small businesses to participate in international trade shows, assisting rural small businesses in obtaining export financing and developing marketing and production strategies;

(N)assisting rural small businesses—

(i)in developing marketing and production strategies that will enable them to better compete in the domestic market—

(ii)by providing technical assistance needed by rural small businesses;

(iii)by making available managerial assistance to rural small business concerns; and

(iv)by providing information and assistance in obtaining financing for business startups and expansion;

(O)in conjunction with the United States Travel and Tourism Administration, assist rural small business in developing the tourism potential of rural communities by—

(i)identifying the cultural, historic, recreational, and scenic resources of such communities;

(ii)providing assistance to small businesses in developing tourism marketing and promotion plans relating to tourism in rural areas; and

(iii)assisting small business concerns to obtain capital for starting or expanding businesses primarily serving tourists;

(P)maintaining lists of local and regional private consultants to whom small businesses can be referred;

(Q)providing information to small business concerns regarding compliance with regulatory requirements;

(R)developing informational publications, establishing resource centers of reference materials, and distributing compliance guides published under section 312(a) 2 of the Small Business Regulatory Enforcement Fairness Act of 1996;

(S)providing small business owners with access to a wide variety of export-related information by establishing on-line computer linkages between small business development centers and an international trade data information network with ties to the Export Assistance Center program;

(T)providing information and assistance to small business concerns with respect to establishing drug-free workplace programs on or before October 1, 2006; and

(U)5 in conjunction with the United States Patent and Trademark Office, providing training—

(i)to small business concerns relating to—

(I)domestic and international intellectual property protections; and

(II)how the protections described in subclause (I) should be considered in the business plans and growth strategies of the small business concerns; and

(ii)that may be delivered—

(I)in person; or

(II)through a website.

(iii)coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;

(iv)supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and

(v)coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.

(4)A small business development center shall continue to upgrade and modify its services, as needed, in order to meet the changing and evolving needs of the small business community.

(5)In addition to the methods prescribed in paragraph (2), a small business development center shall utilize and compensate as one of its resources qualified small business vendors, including but not limited to, private management consultants, private consulting engineers and private testing laboratories, to provide services as described in this subsection to small businesses on behalf of such small business development center.

(6)In any State (A) in which the Administration has not made a grant pursuant to paragraph (1) of subsection (a), or (B) in which no application for a grant has been made by a Small Business Development Center pursuant to paragraph (6) of such subsection within 60 days after the effective date of any grant under subsection (a)(1) to such center or the date the Administration notifies the grantee funded under subsection (a)(1) that funds are available for grant applications pursuant to subsection (a)(6), whichever date occurs last, the Administration may make grants to a non-profit entity in that State to carry out the activities specified in paragraph (6) of subsection (a). Any such applicants shall comply with the matching funds requirement of paragraph (4) of subsection (a). Such grants shall be effective for any fiscal year only to the extent provided in advance in appropriations Acts, and each State shall be limited to the pro rata share provisions of paragraph (6) of subsection (a).

(7)In performing the services identified in paragraph (3), the Small Business Development Centers shall work in close cooperation with the Administration’s regional and local offices, the local small business community, and appropriate State and local agencies.

(8)The Associate Administrator for Small Business Development Centers, in consultation with the Small Business Development Centers, shall develop and implement an information sharing system. Subject to amounts approved in advance in appropriations Acts, the Administration may make grants or enter 6 cooperative agreements with one or more centers to carry out the provisions of this paragraph. Said grants or cooperative agreements shall be awarded for periods of no more than five years duration. The matching funds provisions of subsection (a) shall not be applicable to grants or cooperative agreements under this paragraph. The system shall—

(A)allow Small Business Development Centers participating in the program to exchange information about their programs; and

(B)provide information central to technology transfer.

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—