WHAT THE LAW DOINCongress, in plain words

The law › Title 15, Commerce and Trade › Chapter 14A

15 U.S.C. 644: Awards or contracts

Created in 1958 by Public Law 85-536. Changed by 41 later laws. No bill we track in this Congress changes it.

17 other sections of the Code cite this one, including 6 U.S.C. 423, 10 U.S.C. 144, 10 U.S.C. 3012, 10 U.S.C. 7024, 10 U.S.C. 8028.

7 parts of federal rules cite it as their authority, written by Small Business Administration (6), Employment and Training Administration, Department of Labor (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2023

    • Pub. L. 118–31 substituted "5 percent" for "3 percent". (National Defense Authorization Act for Fiscal Year 2024) Law text · (g)

    2022

    • Pub. L. 117–263, §873(a)(1), amended par. (1) generally. Prior to amendment, text read as follows: "In this subsection, the term 'bundled contract' has the meaning given such term in section 632(o)(1) of this title." (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(b), struck out subpar. (A) designation and heading "In general" after par. heading and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(A), substituted "bundled or consolidated contracts" for "contract bundling" in heading. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(B), substituted "bundled or consolidated contracts" for "contract bundling". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(i), substituted "bundled or consolidated contracts" for "bundled contracts". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(I), substituted "bundled or consolidated contracts" for "bundled contracts" in introductory provisions. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(II), substituted "were included in bundled or consolidated contracts" for "were bundled". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(III)(aa), substituted "bundled or consolidated contract" for "bundled contract" in introductory provisions. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(III)(bb), inserted "or the consolidation of contract requirements (as applicable)" after "bundling of contract requirements". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(III)(cc), substituted "the bundling of contract requirements or the consolidation of contract requirements (as applicable)" for "bundling the contract requirements". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(III)(dd), substituted "contract requirements in a bundled or consolidated contract" for "the bundled status of contract requirements". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(III)(bb), inserted "or the consolidation of contract requirements (as applicable)" after "bundling of contract requirements". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(2)(C)(ii)(III)(bb), (ee), inserted "or the consolidation of contract requirements (as applicable)" after "bundling of contract requirements" and substituted "contractors for the contract" for "contractors for the consolidated requirements". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §873(a)(3), substituted "provide to the Administrator data and information described in paragraphs (2) and (4)." for "provide, upon request of the Administration, procurement information collected through existing agency data collection sources." (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (p)
    • Pub. L. 117–263, §871(b), substituted "scorecard (as defined in subsection (y))" for "scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note)". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (x)
    • Pub. L. 117–263, §871(a), transferred section 868(b) of Pub. L. 114–92 to the end of this section and redesignated it as subsec. (y). See Codification note above. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(4), substituted "The Administrator shall use a scorecard to annually evaluate" for "Beginning in fiscal year 2017, the Administrator shall establish and carry out a program to use the scorecard developed under paragraph (1) to evaluate". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which authorized Administrator to develop methodology for calculating a score to be used to evaluate compliance of each Federal agency with meeting goals established pursuant to subsection (g)(1)(B) and a … (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(5)(B), struck out "developed under paragraph (1)" after "The scorecard" and inserted "and Governmentwide" after "each Federal agency" in introductory provisions. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(2), redesignated par. (3) as (2). Former par. (2) redesignated (1). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(5)(A), (C), substituted "a Federal agency or the Federal Government, as applicable," for "the Federal agency" and "subsection (g)(1)(B)" for "section 15(g)(1)(B) of the Small Business Act (15 U.S.C. 644(g)(1)(B))". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(5)(A), substituted "a Federal agency or the Federal Government, as applicable," for "the Federal agency". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(2), redesignated par. (4) as (3). Former par. (3) redesignated (2). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(6)(A), substituted "paragraph (2)(A)" for "paragraph (3)(A)". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(6)(B), substituted "paragraph (2)" for "paragraph (3)". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(7), added par. (4). Former par. (4) redesignated (3). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(8), substituted "subsection (h)(2)" for "section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2))". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(9), amended par. (6) generally. Prior to amendment, par. (6) defined Administrator, Federal agency, scorecard, small business concern, small business concern owned and controlled by service-disabled veterans, qualified HUBZone small business concern, small b… (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(1), (3), redesignated par. (8) as (6) and struck out former par. (6) which related to report that Administrator submitted to Committee on Small Business of the House of Representatives and Committee on Small Business and Entrepreneurship of the Senate. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(1), struck out par. (7) which related to GAO report on scorecard methodology that Comptroller General submitted to Committee on Small Business of the House of Representatives and Committee on Small Business and Entrepreneurship of the Senate. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)
    • Pub. L. 117–263, §871(a)(3), redesignated par. (8) as (6). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (y)

    2021

    • Pub. L. 116–283, §868(a), added par. (5). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (e)
    • Pub. L. 117–81, §1702(e)(5)(A)(i), substituted "section 3249" for "section 2318". (National Defense Authorization Act for Fiscal Year 2022) Law text · (k)
    • Pub. L. 117–81, §1702(e)(5)(A)(ii), substituted "chapter 388" for "chapter 142". (National Defense Authorization Act for Fiscal Year 2022) Law text · (k)
    • Pub. L. 117–81, §1702(e)(5)(A)(iii), substituted "section 4754" for "section 2784". (National Defense Authorization Act for Fiscal Year 2022) Law text · (k)
    • Pub. L. 117–81, §1702(e)(5)(B), substituted "section 3406(c)" for "section 2304c(b)". (National Defense Authorization Act for Fiscal Year 2022) Law text · (r)
    • Pub. L. 117–81, §1702(e)(5)(C), substituted "chapter 388" for "chapter 142". (National Defense Authorization Act for Fiscal Year 2022) Law text · (u), (v)
    • Pub. L. 116–283, §866(a)(2), struck out par. (3) which defined covered territory business. See section 632(ff) of this title. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (x)

    2019

    • Pub. L. 116–92, §871, added par. (4). (National Defense Authorization Act for Fiscal Year 2020) Law text · (h)
    • Pub. L. 116–92, §880(e), added par. (21). (National Defense Authorization Act for Fiscal Year 2020) Law text · (k)
    • Pub. L. 116–92, §880(d), added subpar. (J) and redesignated former subpar. (J) as (K). (National Defense Authorization Act for Fiscal Year 2020) Law text · (l), (K)
    • Pub. L. 116–92, §875(1), inserted "and covered territory businesses" after "Puerto Rico businesses" in heading. (National Defense Authorization Act for Fiscal Year 2020) Law text · (x)
    • Pub. L. 116–92, §875(2), inserted "or a covered territory business, or a prime contractor awards a subcontract (at any tier) to a subcontractor that is a Puerto Rico business or a covered territory business," after "Puerto Rico business" and "or subcontract" after "the contract" and… (National Defense Authorization Act for Fiscal Year 2020) Law text · (x)
    • Pub. L. 116–92, §875(3), added par. (3). (National Defense Authorization Act for Fiscal Year 2020) Law text · (x)

    2018

    • Pub. L. 115–232, §812(a)(2)(C)(viii)(I), struck out "section 2323 of title 10," after "section 637 of this title,". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (j)
    • Pub. L. 115–232, §812(a)(2)(C)(viii)(II), substituted "subsection (a) or" for "subsection (a)," and struck out "or section 2323 of title 10, which shall be made with due regard to the requirements of subsection (m)," after "or 657f of this title,". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (k)
    • Pub. L. 115–232, §812(a)(2)(C)(viii)(III), amended subsec. (m) generally. Prior to amendment, subsec. (m) related to policies and procedures for each agency subject to former section 2323 of title 10 to follow when implementing requirements under that section. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (m)
    • Pub. L. 115–232, §855, added subsec. (w). (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (w)
    • Pub. L. 115–232, §861(b), added subsec. (x). (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (x)

    2017

    • Pub. L. 115–91, §1702(c), substituted "total purchases and contracts for goods and services" for "total purchase and contracts for goods and services". (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)
    • Pub. L. 115–91, §1703(a)(1), added subcls. (V) and (VI). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h), (VI)
    • Pub. L. 115–91, §1703(a)(2), added subcls. (VI) and (VII). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h), (VII)
    • Pub. L. 115–91, §1703(a)(3), added subcls. (VII) and (VIII). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h), (VIII)
    • Pub. L. 115–91, §1703(a)(4), added subcls. (VII) and (VIII). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h), (VIII)
    • Pub. L. 115–91, §1703(a)(5), added subcl. (VI). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h)
    • Pub. L. 115–91, §1703(a)(6), added subcl. (VI). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h)
    • Pub. L. 115–91, §1703(a)(7), added subcl. (VI). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h)
    • Pub. L. 115–91, §1703(a)(8), added subcls. (IX) and (X). (National Defense Authorization Act for Fiscal Year 2018) Law text · (h), (X)
    • Pub. L. 115–91, §1702(a), substituted "greater than the micro-purchase threshold, but not greater than the simplified acquisition threshold" for "greater than $2,500 but not greater than $100,000". (National Defense Authorization Act for Fiscal Year 2018) Law text · (j)

    2016

    • Pub. L. 114–328, §1801, amended subsec. (a) generally. Prior to amendment, subsec. (a) related to determination of awards or contracts, including notice requirement for certain large, consolidated, or bundled proposed procurements. (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
    • Pub. L. 114–328, §1811(b), inserted at end "Contracts excluded from review by procurement center representatives pursuant to subsection (l)(9)(B) shall not be considered when establishing these goals." (National Defense Authorization Act for Fiscal Year 2017) Law text · (g)
    • Pub. L. 114–328, §1802, amended par. (3) generally. Prior to amendment, par. (3) related to access to data collected through the Federal Procurement Data System and provision of collected data upon request. (National Defense Authorization Act for Fiscal Year 2017) Law text · (h)
    • Pub. L. 114–328, §1812(1), (2), substituted "section 637, 644, 657a, 657f, or 657q" for "section 637, 644 or 657q" in introductory provisions and "sections 637, 644, 657a, 657f, and 657q" for "this section and section 637" wherever appearing. (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1812(3), substituted "section 637, 644, 657a, or 657f" for "section 637(a)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1812(6), added subpar. (D). (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1812(4), (5), added par. (18). (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1813(a), added par. (19). (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1821(b), added par. (20). (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1813(d), added subpar. (I) and redesignated former subpar. (I) as (J). (National Defense Authorization Act for Fiscal Year 2017) Law text · (l), (J)
    • Pub. L. 114–328, §1811(a), added par. (9). (National Defense Authorization Act for Fiscal Year 2017) Law text · (l)
    • Pub. L. 114–187 added subsec. (t). (Puerto Rico Oversight, Management, and Economic Stability Act) Law text · (t)
    • Pub. L. 114–328, §1813(c), added subsec. (u). (National Defense Authorization Act for Fiscal Year 2017) Law text · (u)
    • Pub. L. 114–328, §1814(a), added subsec. (v). (National Defense Authorization Act for Fiscal Year 2017) Law text · (v)

    2015

    • Pub. L. 114–92, §863(a), amended par. (3) generally. Prior to amendment, par. (3) set forth required elements for a proposed procurement strategy for a procurement involving a substantial bundling of contract requirements. (National Defense Authorization Act for Fiscal Year 2016) Law text · (e)
    • Pub. L. 114–92, §867(a), amended par. (4) generally. Prior to amendment, text read as follows: "In the case of a solicitation of offers for a bundled contract that is issued by the head of an agency, a small-business concern may submit an offer that provides for use of a particular … (National Defense Authorization Act for Fiscal Year 2016) Law text · (e)
    • Pub. L. 114–88 added subsec. (f). Law text · (f)
    • Pub. L. 114–92, §868(a), inserted at end "In meeting this goal, the Government shall ensure the participation of small business concerns from a wide variety of industries and from a broad spectrum of small business concerns within each industry." (National Defense Authorization Act for Fiscal Year 2016) Law text · (g)
    • Pub. L. 114–92, §870, added par. (17). (National Defense Authorization Act for Fiscal Year 2016) Law text · (k)
    • Pub. L. 114–92, §865(c)(1), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "have a Level III Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that any … (National Defense Authorization Act for Fiscal Year 2016) Law text · (l)
    • Pub. L. 114–92, §865(c)(2), added subpar. (C). (National Defense Authorization Act for Fiscal Year 2016) Law text · (l)
    • Pub. L. 114–92, §867(b), inserted "and joint venture" before "requirements" in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpars. (B) and (C). (National Defense Authorization Act for Fiscal Year 2016) Law text · (q)
    • Pub. L. 114–92, §862(a), added pars. (4) and (5) and redesignated former par. (4) as (6). (National Defense Authorization Act for Fiscal Year 2016) Law text · (s)

    2014

    • Pub. L. 113–76 added par. (3). (Consolidated Appropriations Act, 2014) Law text · (g)
    • Pub. L. 113–291, §825(b), added subcls. (V) to (VII) and redesignated former subcl. (V) as (VIII). (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (h)
    • Pub. L. 113–291, §822(a), added subsec. (s). (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (s)

    2013

    • Pub. L. 112–239, §1623, substituted "a Federal department or agency" for "the various agencies" and ", and each such Federal department or agency shall—" and subpars. (A) and (B) for period at end. (National Defense Authorization Act for Fiscal Year 2013) Law text · (e)
    • Pub. L. 112–239, §1631(a), amended par. (1) generally. Prior to amendment, par. (1) related to annual Government-wide goals for participation of small business concerns in procurement contracts. (National Defense Authorization Act for Fiscal Year 2013) Law text · (g)
    • Pub. L. 112–239, §1631(b)(1), inserted at end "Such goals shall separately address prime contract awards and subcontract awards for each category of small business covered." (National Defense Authorization Act for Fiscal Year 2013) Law text · (g)
    • Pub. L. 112–239, §1631(b)(2), substituted "After establishing goals under this paragraph for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals at both the prime contract and the subcontract level, which shall apportion responsibilities a… (National Defense Authorization Act for Fiscal Year 2013) Law text · (g)
    • Pub. L. 112–239, §1631(b)(3), added subpars. (E) and (F) and struck out former subpars. (E) and (F) which read as follows: (National Defense Authorization Act for Fiscal Year 2013) Law text · (g), (F)
    • Pub. L. 112–239, §1632, amended subsec. (h) generally. Prior to amendment, subsec. (h) related to annual Federal agency reports to Small Business Administration and inclusion of Administration information in President's annual state of small business report to Congress. (National Defense Authorization Act for Fiscal Year 2013) Law text · (h)
    • Pub. L. 113–66 added subpar. (D). (National Defense Authorization Act for Fiscal Year 2014) Law text · (h)
    • Pub. L. 112–239, §1691(d), substituted ", with experience serving in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal acquisition program; chief engineer, systems engineer, assistant engineer, or product support m… (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(1), substituted "shall be known" for "be known" and "such agency;" for "such agency,". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(2), substituted "shall be appointed by" for "be appointed by". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(a), substituted "such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms a… (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(3), substituted "Director" for "director" and "Secretary's designee;" for "Secretary's designee,". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(b), substituted "shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head" for "be responsible only to, and report directly to, the head" and "be responsible only to (including with respect to performanc… (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(4), substituted "shall be responsible" for "be responsible" and "such agency;" for "such agency,". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(5), substituted "shall identify proposed" for "identify proposed". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(6), substituted "shall assist small" for "assist small". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(7), substituted "shall have supervisory" for "have supervisory" and "this title;" for "this title,". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(8)(A), substituted "shall assign a" for "assign a" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(8)(B), substituted "the activity; and" for "the activity, and". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(9), substituted "shall cooperate, and" for "cooperate, and" and "subsection;" for "subsection, and". (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(e)(10), substituted "shall make recommendations" for "make recommendations", "subsection (a), section 637(a) of this title, or section 2323 of title 10, which shall" for "subsection (a) of this section, or section 637(a) of this title or section 2323 of title… (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1691(c), added pars. (11) to (16). (National Defense Authorization Act for Fiscal Year 2013) Law text · (k)
    • Pub. L. 112–239, §1621(a), inserted heading. (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Administration shall assign to each major procurement center a breakout procurement center representative with such assistance as may be appropriate. The breakout procurement ce… (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(c)(1), inserted heading and substituted "A" for "In addition to carrying out the responsibilities assigned by the Administration, a breakout" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(c)(2), substituted "review, at any time, barriers to small business participation in Federal contracting" for "review, at any time, restrictions on competition", "goods and services" for "items" and "barriers" for "limitations". (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(c)(3), substituted "review barriers to small business participation in Federal contracting" for "review restrictions on competition". (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(c)(4), added subpar. (D) and struck out former subpar. (D) which read as follows: "obtain from any governmental source, and make available to personnel of the appropriate activity, technical data necessary for the preparation of a competitive solicitation p… (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(c)(5), added subpar. (E) and struck out former subpar. (E) which read as follows: "have access to procurement records and other data of the procurement center commensurate with the level of such representative's approved security clearance classification;". (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(c)(6), added subpars. (F) to (I) and struck out former subpars. (F) and (G) which read as follows: (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(d), inserted heading and substituted "A procurement center representative" for "A breakout procurement center representative". (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(e), substituted "procurement center representative" for "breakout procurement center representative". (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(f), inserted par. heading, added subpar. (A), redesignated subpar. (C) as (B), inserted subpar. heading and substituted "The Administrator shall establish personnel positions for procurement center representatives assigned under" for "The Administration shall … (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(g), inserted heading and substituted in text "goods or services, including goods or services that are commercially available" for "other than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout… (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(h)(1), (2), (4), inserted par. heading, inserted subpar. (A) heading, and added subpar. (B). Former par. (7)(B) redesignated (8). (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1621(h)(3), redesignated subpar. (7)(B) as par. (8), inserted heading, and substituted "A procurement center representative" for "The breakout procurement center representative" and "60" for "sixty". (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)
    • Pub. L. 112–239, §1696(b)(3), added subsec. (o) and struck out former subsec. (o) which related to requirements for performance of contracts by employees of small business concerns. (National Defense Authorization Act for Fiscal Year 2013) Law text · (o)
    • Pub. L. 112–239, §1696(a)(1), substituted "Access to data" for "Database, analysis, and annual report with respect to bundled contracts" in heading. (National Defense Authorization Act for Fiscal Year 2013) Law text · (p)
    • Pub. L. 112–239, §1696(a)(2), substituted "Reports related to procurement center representatives" for "Bundling accountability measures" in heading. (National Defense Authorization Act for Fiscal Year 2013) Law text · (q)

    2010

    • Pub. L. 111–240, §1347(b)(2), inserted "and subcontract" before "awards for fiscal year 2003" in fourth sentence. (Small Business Jobs Act of 2010) Law text · (g)
    • Pub. L. 111–240, §1312(b), substituted "Administrator for Federal Procurement Policy" for "Administrator of the Office of Federal Procurement Policy". (Small Business Jobs Act of 2010) Law text · (g)
    • Pub. L. 111–240, §1333, designated first to fifth sentences as subpars. (A) to (E), respectively, substituted "the participation described in subparagraph (D)" for "such participation" in subpar. (E), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of su… (Small Business Jobs Act of 2010) Law text · (g)
    • Pub. L. 111–240, §1312(b), substituted "Administrator for Federal Procurement Policy" for "Administrator of the Office of Federal Procurement Policy". (Small Business Jobs Act of 2010) Law text · (g)
    • Pub. L. 111–240, §1346, in introductory provisions, substituted "submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the f… (Small Business Jobs Act of 2010) Law text · (h)
    • Pub. L. 111–240, §1312(a), added subsec. (q). (Small Business Jobs Act of 2010) Law text · (q)
    • Pub. L. 111–240, §1331, added subsec. (r). (Small Business Jobs Act of 2010) Law text · (r)

    2000

    • Pub. L. 106–554, §1(a)(9) [title VIII, §806(a)], in eighth sentence, substituted "definition of a 'United States industry' under the North American Industry Classification System, as established" for "four-digit standard industrial classification codes contained in the Standard Industr… (Consolidated Appropriations Act, 2001) Law text · (a)
    • Pub. L. 106–554, §1(a)(9) [title VIII, §810], added subsec. (p). (Consolidated Appropriations Act, 2001) Law text · (p)

    1999

    • Pub. L. 106–50, §502(a)(3), inserted "small business concerns owned and controlled by service-disabled veterans," after "the maximum practicable opportunity for small business concerns," in penultimate sentence. Law text · (g)
    • Pub. L. 106–50, §502(a)(2), inserted after second sentence "The Government-wide goal for participation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for eac… Law text · (g)
    • Pub. L. 106–50, §502(a)(1), inserted "small business concerns owned and controlled by service disabled veterans," after "small business concerns," the first place appearing in first sentence. Law text · (g)
    • Pub. L. 106–50, §502(b)(3), inserted "small business concerns owned and controlled by service-disabled veterans, by" after "including participation by" in fourth sentence. Law text · (g)
    • Pub. L. 106–50, §502(b)(2), inserted "small business concerns owned and controlled by service-disabled veterans," after "small business concerns," the first place appearing in second sentence. Law text · (g)
    • Pub. L. 106–50, §502(b)(1), inserted "by small business concerns owned and controlled by service-disabled veterans," after "small business concerns," the first place appearing in first sentence. Law text · (g)
    • Pub. L. 106–50, §601(a), inserted "small business concerns owned and controlled by veterans (including service-disabled veterans)," after "small business concerns," the first place appearing. Law text · (h)
    • Pub. L. 106–50, §601(b)(1), inserted "and the Congress" before period at end of first sentence in introductory provisions. Law text · (h)
    • Pub. L. 106–50, §601(b)(2), inserted "small business concerns owned and controlled by service-disabled veterans," after "small business concerns," the first place appearing. Law text · (h), (D), (E)

    1997

    • Pub. L. 105–135, §413(b), in third sentence, inserted "or the solicitation involves an unnecessary or unjustified bundling of contract requirements, as determined by the Administration," after "discrete construction projects,", substituted "(4)" for "or (4)", and inserted before period… (Small Business Reauthorization Act of 1997) Law text · (a)
    • Pub. L. 105–135, §413(a), added subsec. (e). (Small Business Reauthorization Act of 1997) Law text · (e)
    • Pub. L. 105–135, §603(b)(1), inserted "qualified HUBZone small business concerns," after "small business concerns," in two places, substituted "not less than 23 percent of the total value" for "not less than 20 percent of the total value", and inserted after second sentence "The Gov… (Small Business Reauthorization Act of 1997) Law text · (g)
    • Pub. L. 105–135, §603(b)(2)(B), (C), inserted "qualified HUBZone small business concerns," after "small business concerns," in second sentence and substituted "by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically … (Small Business Reauthorization Act of 1997) Law text · (g)
    • Pub. L. 105–135, §603(b)(2)(A), which directed substitution of ", by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged individuals" for ",, by small business concerns owned and controlled by socially and economicall… (Small Business Reauthorization Act of 1997) Law text · (g)
    • Pub. L. 105–135, §603(b)(3), inserted "qualified HUBZone small business concerns," after "small business concerns," wherever appearing. (Small Business Reauthorization Act of 1997) Law text · (h)
    • Pub. L. 105–135, §413(c)(1), (2), added par. (5) and redesignated former pars. (5) to (9) as (6) to (10), respectively. (Small Business Reauthorization Act of 1997) Law text · (k)

    1996

    • Pub. L. 104–106 struck out second comma after "goals for the participation by small business concerns,". (National Defense Authorization Act for Fiscal Year 1996) Law text · (g)

    1994

    • Pub. L. 103–403, §305(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "During each of fiscal years 1989 through 1993, public or private organizations for the handicapped shall be eligible to participate in programs authorized under this section… · (c)
    • Pub. L. 103–403, §305(2), added par. (7). · (c)
    • Pub. L. 103–355, §7101(a), struck out subsec. (e) which read as follows: "In carrying out small business set-aside programs, departments, agencies, and instrumentalities of the executive branch shall award contracts, and encourage the placement of subcontracts for procurement to the fo… · (e)
    • Pub. L. 103–355, §7101(a), struck out subsec. (f) which read as follows: "After priority is given to the small business concerns specified in subsection (e) of this section, priority shall also be given to the awarding of contracts and the placement of subcontracts, on the basis of a t… · (f)
    • Pub. L. 103–355, §7106(a)(1), substituted ", small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by socially and economic… · (g)
    • Pub. L. 103–355, §7106(a)(2)(A), inserted after third sentence "The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year." · (g)
    • Pub. L. 103–355, §7106(a)(2)(B), in first sentence substituted ", by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women" for "and by small business concerns owned and contr… · (g)
    • Pub. L. 103–355, §7106(a)(1), in second sentence substituted ", small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by socially and econo… · (g)
    • Pub. L. 103–355, §7106(a)(2)(C), in fourth sentence inserted at end "and participation by small business concerns owned and controlled by women". · (g)
    • Pub. L. 103–355, §7106(a)(1), substituted ", small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women" for "and small business concerns owned and controlled by soc… · (h), (2), (D), (E)
    • Pub. L. 103–355, §7106(a)(3), substituted "small business concerns owned and controlled by women" for "women-owned small business enterprises". · (h)
    • Pub. L. 103–355, §4004, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: "Each contract for the procurement of goods and services which has an anticipated value not in excess of the small purchase threshold and which is subject to small purchase procedure… · (j)

    1992

    • Pub. L. 102–569 substituted "From People Who Are Blind or Severely Disabled" for "from the Blind and Other Severely Handicapped". · (c)
    • Pub. L. 102–366, §232(b)(1), which directed the substitution of "Blind-made" for "Blindmade", could not be executed to text because "Blindmade" did not appear in subpar. (B). · (c)
    • Pub. L. 102–366, §232(b)(2), substituted comma for semicolon at end of pars. (3) and (5). · (k), (5)
    • Pub. L. 102–484, §801(h)(8)(A), substituted "section 2323 of title 10" for "section 1207 of Public Law 99–661". · (k)
    • Pub. L. 102–366, §232(b)(3), inserted period at end. · (l)
    • Pub. L. 102–484, §801(h)(8)(B), substituted "section 2323 of title 10" for "section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)". · (m)
    • Pub. L. 102–366, §232(b)(4), substituted "requirements" for "requirement". · (m)
    • Pub. L. 102–484, §801(h)(8)(C), substituted "section 2323 of title 10" for "section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)". · (m)

    1991

    • Pub. L. 102–190 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "assist small business concerns to obtain payments, late payment interest penalties, or information due to such concerns, in conformity with chapter 39 of title 31;". · (k)

    1990

    • Pub. L. 101–574 inserted after second sentence "If a proposed procurement includes in its statement of work goods or services currently being performed by a small business, and if the proposed procurement is in a quantity or estimated dollar value the magnitude of which renders small b… · (a)
    • Pub. L. 101–510 substituted "not in excess of the small purchase threshold" for "of less than $25,000". · (j)

    1989

    • Pub. L. 101–37, §19, inserted "individuals" after "economically disadvantaged". · (h)
    • Pub. L. 101–37, §21, substituted "procedures" for "procedure". · (m)

    1988

    • Pub. L. 100–590, §133(a), amended subsec. (c) generally, substituting provisions relating to programs for blind and handicapped individuals for provisions relating to eligibility, participating organizations, monitoring and evaluation, and report to Congressional committees. · (c)
    • Pub. L. 100–656, §502, added par. (1) and designated existing provisions as par. (2) and former pars. (1) and (2) as subpars. (A) and (B). · (g)
    • Pub. L. 100–656, §503, designated existing provisions as par. (1), struck out at end "The Administration shall submit to the Select Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives information obtained from such reports, toge… · (h)
    • Pub. L. 100–656, §603(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "be responsible only to, and report directly to, the head of such agency or to his deputy, except that in the case of the Department of Defense the Director of the Office of Small and… · (k)
    • Pub. L. 100–496 added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respectively. · (k)
    • Pub. L. 100–656, §603(2)–(4), added par. (9). · (k)
    • Pub. L. 100–590, §110(1), struck out "unrestricted" before "technical data" in two places. · (l)
    • Pub. L. 100–590, §110(2), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "have access to the unclassified procurement records and other data of the procurement center;". · (l)
    • Pub. L. 100–590, §110(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "A breakout procurement center representative is authorized to appeal a failure to act favorably on any recommendation made pursuant to paragraph (2). Such appeal shall be in writing,… · (l)
    • Pub. L. 100–590, §110(4), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "For purposes of this subsection, the term 'major procurement center' means a procurement center of the Department of Defense that awarded contracts for items other than commercial it… · (l)
    • Pub. L. 100–590, §110(5), added par. (7). · (l)
    • Pub. L. 100–656, §601, amended subsec. (m) generally, substituting provisions related to implementation of section 1207 of Pub. L. 99–661 for former provisions related to labor surplus area procurement and manpower programs. · (m)

    1987

    • Pub. L. 100–26, §10(a)(1), made technical amendment to directory language of section 921(a)(1) of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below. · (a)
    • Pub. L. 100–180, §809(a)(2), struck out "having a value of $25,000 or more" after "procurement contracts of such agency". · (g)
    • Pub. L. 100–180, §809(a)(1), provided for temporarily inserting "having a value of $25,000 or more" after "procurement contracts of such agency". See Effective Date of 1987 Amendments note below. · (g)
    • Pub. L. 100–180, §809(b)(1), substituted "subsection (a)" for "this subsection" in introductory provisions. · (o)
    • Pub. L. 100–26, §10(b)(1)(A), substituted "at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern" for "the concern will perform at least 50 percent of the cost of the contract with its own employees". · (o)
    • Pub. L. 100–26, §10(b)(1)(B), substituted "requirements of such paragraph" for "requirements of such subparagraph" and inserted at end "The percentage applicable to any such requirement shall be determined in accordance with paragraph (2)." · (o)
    • Pub. L. 100–180, §809(c), struck out subsec. (p) which read as follows: · (p)

    1986

    • Pub. L. 99–500 and Pub. L. 99–591, §101(c) [§921(a), (b)], Pub. L. 99–661, §921(a), (b), as amended by Pub. L. 100–26, §10(a)(1), amended subsec. (a) identically, inserting "in each industry category" in cl. (3), and inserting provision identifying an industry category, providing for d… · (a)
    • Pub. L. 99–500 and Pub. L. 99–591, §101(c) [§921(d)], Pub. L. 99–661, §921(d), amended subsec. (g) identically, striking out "having values of $10,000 or more" after "such agency" and inserting provision requiring the head of each Federal agency to make consistent efforts to annually e… · (g)
    • Pub. L. 99–500 and Pub. L. 99–591, §101(c) [§922(c)], Pub. L. 99–661, §922(c), amended subsec. (j) identically, substituting "$25,000" for "$10,000". · (j)
    • Pub. L. 99–500 and Pub. L. 99–591, §101(c) [§903(d)], Pub. L. 99–661, §903(d), which directed identical amendments to par. (3) by inserting ", except that in the case of the Department of Defense the Director of the Office of Small and Disadvantaged Business Utilization shall be res… · (k)
    • Pub. L. 99–272 added subsec. (n). · (n)
    • Pub. L. 99–500 and Pub. L. 99–591, §101(c) [§921(c)(2), (e)], Pub. L. 99–661, §921(c)(2), (e), amended section identically, adding subsecs. (o) and (p). · (o), (p)

    1984

    • Pub. L. 98–577 added subsec. (l) and redesignated former subsec. (l) as (m). · (l), (m)

    1980

    • Pub. L. 96–302, §116, substituted provisions covering participation of not-for-profit organizations in certain authorized programs during fiscal years 1981, through 1983, the monitoring and evaluation of such participation as causing severe economic injury to for-profit small businesse… · (c)
    • Pub. L. 96–302, §117(a), substituted "small business concerns" for "concerns". · (d)
    • Pub. L. 96–302, §117(b), in revising text, struck out from introductory clause reference to labor surplus areas; reenacted par. (1) reversing order of reference to small business concerns and location in labor surplus areas; reenacted par. (2); added par. (3); redesignated former par. … · (e)
    • Pub. L. 96–302, §117(b), substituted provision respecting other priorities in placement of contracts for requirement that subsecs. (d) and (e) of this section cease to be effective subsequent to Sept. 30, 1980, unless renewed prior to such date. · (f)

    1978

    • Pub. L. 95–507, §232, substituted "September 30, 1980" for "September 30, 1979". · (f)
    • Pub. L. 95–507, §221, added subsecs. (g) to (k). · (g), (h), (i), (j), (k)
    • Pub. L. 95–507, §233, added subsec. (l). · (l)

    1977

    • Pub. L. 95–89 designated existing provisions as subsec. (a) and added subsecs. (b) to (f).

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.