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The work of the
Office of Small and Disadvantaged Business Utilization and its
Director is explained in federal law below. This is the text as of early 2006
according to the source identified below.
Title 15 U.S.C.
§ 644 (k)
(k) Office of Small and
Disadvantaged Business Utilization; Director
There is hereby established in each Federal agency having
procurement powers an office to be known as the "Office of Small and Disadvantaged Business Utilization." The management of each such office
shall be vested in an officer or employee of such agency who shall--
(1) be known as the "Director of
Small and Disadvantaged Business Utilization"' for such agency,
(2) be appointed by the head of such
agency,
(3) be responsible only to, and report directly to, the head of such
agency or to the deputy of such head, except that the director for the
Office of the Secretary of Defense shall be responsible only to, and
report directly to, such Secretary or the Secretary's designee,
(4) be responsible for the implementation and execution of the functions
and duties under this section and section 637 of this title which relate
to such agency,
(5) identify proposed solicitations that involve significant
bundling of contract requirements, and work with the agency
acquisition officials and the Administration to revise the
procurement strategies for such proposed solicitations where
appropriate to increase the probability of participation by small
businesses as prime contractors, or to facilitate small business
participation as subcontractors and suppliers, if a solicitation for
a bundled contract is to be issued;
(6) assist small business concerns to obtain payments, required
late payment interest penalties, or information regarding payments
due to such concerns from an executive agency or a contractor, in
conformity with chapter 39 of title 31 or any other protection for
contractors or subcontractors (including suppliers) that is included
in the Federal Acquisition Regulation or any individual agency
supplement to such Government-wide regulation,
(7) have supervisory authority over personnel of such agency to
the extent that the functions and duties of such personnel relate to
functions and duties under this section and section 637 of this
title, (8) assign a small
business technical adviser to each office to which
the Administration has assigned a procurement center
representative--(A) who shall be a full-time employee of the procuring
activity and shall be well qualified, technically trained and
familiar with the supplies or services purchased at the
activity, and
(B) whose principal duty shall be to assist the
Administration procurement center representative in his duties
and functions relating to this section and section 637 of this
title, (9) cooperate, and
consult on a regular basis, with the Administration
with respect to carrying out the functions and duties
described in paragraph (4) of this subsection, and
(10) make recommendations to contracting officers as to whether
a particular contract requirement should be awarded pursuant to
subsection (a) of this section, or section 637(a) of this title or
section 2323 of title 10. Such recommendations shall be made with
due regard to the requirements of subsection (m) of this section,
and the failure of the contracting officer to accept any such
recommendations shall be documented and included within the
appropriate contract file. This subsection shall not
apply to the Administration.
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Source: House of Representatives.
Based on Supplement V of the 2000 edition (January 2, 2006) of the Code. |
