Regulation

Page 853

TITLE 15—COMMERCE AND TRADE

SEC. 3. Without prejudice to any action taken thereunder, Executive Order No. 10370 of July 7, 1952 (17 F.R.
6141), is hereby revoked.
DWIGHT D. EISENHOWER.

§ 641. Transfer to Administration of other functions, powers, and duties
The President may transfer to the Administration any functions, powers, and duties of any
department or agency which relate primarily to
small-business problems. In connection with any
such transfer, the President may provide for appropriate transfers of records, property, necessary personnel, and unexpended balances of
appropriations and other funds available to the
department or agency from which the transfer is
made.
(Pub. L. 85–536, § 2[12], July 18, 1958, 72 Stat. 394.)
PRIOR PROVISIONS
Prior similar provisions were contained in section 218
of act July 30, 1953, ch. 282, title II, 67 Stat. 239, as
amended by act Aug. 9, 1955, ch. 628, § 12, 69 Stat. 551,
which was previously classified to section 647 of this
title. The provisions of section 212 of act July 30, 1953,
formerly classified to this section, were transferred to
section 2[8] of Pub. L. 85–536, and are classified to section 637(b) of this title. See Codification note set out
under section 631 of this title.
EXECUTIVE ORDER NO. 10504
Ex. Ord. No. 10504, Dec. 1, 1953, 18 F.R. 7667, which provided for the transfer of functions of the Small Defense
Plants Administration to the Small Business Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986,
51 F.R. 7237.
EXECUTIVE ORDER NO. 11871
Ex. Ord. No. 11871, July 18, 1975, 40 F.R. 30915, which
transferred the functions of ACTION Agency relating
to the Service Corps of Retired Executives and Active
Corps of Executives to the Small Business Administration, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51
F.R. 7237.

§ 642. Requirements for loans
No loan shall be made or equipment, facilities,
or services furnished by the Administration
under this chapter to any business enterprise
unless the owners, partners, or officers of such
business enterprise (1) certify to the Administration the names of any attorneys, agents, or
other persons engaged by or on behalf of such
business enterprise for the purpose of expediting
applications made to the Administration for assistance of any sort, and the fees paid or to be
paid to any such persons; (2) execute an agreement binding any such business enterprise for a
period of two years after any assistance is rendered by the Administration to such business
enterprise, to refrain from employing, tendering
any office or employment to, or retaining for
professional services, any person who, on the
date such assistance or any part thereof was
rendered, or within one year prior thereto, shall
have served as an officer, attorney, agent, or
employee of the Administration occupying a position or engaging in activities which the Administration shall have determined involve discretion with respect to the granting of assistance under this chapter; and (3) furnish the
names of lending institutions to which such

§ 644

business enterprise has applied for loans together with dates, amounts, terms, and proof of
refusal.
(Pub. L. 85–536, § 2[13], July 18, 1958, 72 Stat. 394.)
PRIOR PROVISIONS
Prior similar provisions were contained in section 219
of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which
was previously classified to section 648 of this title. The
provisions of section 213 of act July 30, 1953, formerly
classified to this section, were transferred to section
2[8] of Pub. L. 85–536, and are classified to section
637(b)(6), (7) of this title. See Codification note set out
under section 631 of this title.

§ 643. Fair charge for use of Government-owned
property
To the fullest extent the Administration
deems practicable, it shall make a fair charge
for the use of Government-owned property and
make and let contracts on a basis that will result in a recovery of the direct costs incurred by
the Administration.
(Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.)
PRIOR PROVISIONS
Prior similar provisions were contained in section 220
of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which
was previously classified to section 649 of this title. The
provisions of section 214 of act July 30, 1953, formerly
classified to this section, were transferred to section
2[15] of Pub. L. 85–536, and are classified to section 644
of this title. See Codification note set out under section
631 of this title.

§ 644. Awards or contracts
(a) Determination
To effectuate the purposes of this chapter,
small-business concerns within the meaning of
this chapter shall receive any award or contract
or any part thereof, and be awarded any contract for the sale of Government property, as to
which it is determined by the Administration
and the contracting procurement or disposal
agency (1) to be in the interest of maintaining
or mobilizing the Nation’s full productive capacity, (2) to be in the interest of war or national
defense programs, (3) to be in the interest of assuring that a fair proportion of the total purchases and contracts for property and services
for the Government in each industry category
are placed with small-business concerns, or (4)
to be in the interest of assuring that a fair proportion of the total sales of Government property be made to small-business concerns; but
nothing contained in this chapter shall be construed to change any preferences or priorities
established by law with respect to the sale of
electrical power or other property by the Government or any agency thereof. These determinations may be made for individual awards or
contracts or for classes of awards or contracts.
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 business prime contract participation unlikely, or if a proposed procurement for construction seeks to package or consolidate discrete construction projects, or the solicitation