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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle G—Small Business Matters

P. L. 117-81

Joint Explanatory Statement

Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is amended--

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph:

``(4) Determinations regarding status of concerns.--

``(A) In general.--Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system).

``(B) Administrator updates.--If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update.

``(C) Notification.--A concern required to make an update described under subparagraph (A) shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract.''.

The House bill contained a provision (sec. 876) that would require the timely update of the status of a small business concern after a final determination on such status is made and would require the business concern to, in good faith, notify contracting officers of any change in status that would impact the eligibility of the concern to perform a contract.

The Senate amendment contained no similar provision.

The agreement includes the House provision.

H. R. 4350--House Report 117-118

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