102 STAT. 3870	PUBLIC LAW 100-656—NOV. 15, 1988
"(ii) The Associate Administrator for Minority Small Business
and Capital Ownership Development, on a nondelegable basis,
is authorized to approve a request from an agency to award a
contract opportunity under this subsection on the basis of a
competition restricted to eligible Program Participants even if
the anticipated award price is not expected to exceed the dollar
amounts specified in clause (i)(II). Such approvals shall be
granted only on a limited basis/'.
(c)	contract matching.—Section  8(a) of the Act (15 U.S.C.
637(a)), is further amended by adding at the end thereof the follow-
ing new paragraph:
"(16)(A) The Administration shall award sole source contracts
under this section to any small business concern recommended by
the procuring agency offering the contract opportunity if—
"(i) the Program Participant is determined to be a responsible
contractor with respect to performance of such contract
opportunity;
"(ii) the award of such contract would be consistent with the
Program Participant's business plan; and
"(iii) the award of the contract would not result in the Pro-
gram Participant exceeding the requirements established by
' section 7(j)(10XD.
"(B) To the maximum extent practicable, the Administration shall
promote the equitable geographic distribution of sole source con-
tracts awarded pursuant to this subsection.".
(d)	contract selection appeals and documentation.—Section
8(a)(l)(A) of the Small Business Act (15 U.S.C.   637(a)(l)(A))  is
amended by inserting after the sentence ending "the Administrator/'
the following: "Not later than 5 days from the date the Administration
is notified of a procurement officer's adverse decision, the Administra-
tion may notify the contracting officer of the intent to appeal
such adverse decision, and within 15 days of such date the Adminis-
trator shall file a written request for a reconsideration of the
adverse decision with the Secretary of the department or agency
head. For the purposes of this subparagraph, a procurement officer's
adverse decision includes a decision not to make available for award
pursuant to this subsection a particular procurement requirement
or the failure to agree on the terms and conditions of a contract to
be awarded noncompetitively under the authority of this subsection.
Upon receipt of the notice of intent to appeal, the Secretary of the
department or the agency head shall suspend further action regard-
ing the procurement until a written decision on the Administrator's
request for reconsideration has been issued by such Secretary or
agency head, unless such officer makes a written determination that
urgent and compelling circumstances which significantly affect in-
terests of the United States will not permit waiting for a reconsider-
ation of the adverse decision. If the Administrator's request for
reconsideration is denied, the Secretary of the department or agency
head shall specify the reasons why the selected firm was determined
to be incapable to perform the procurement requirement, and the
findings supporting such determination, which shall be made a part
of the contract file for the requirement/'.
(e) fair market price.—Section 8(a)(3) of the Act (15 U.S.C.
637(a)(3)) is amended to read as follows:
"(3)(A) Any Program Participant selected by the Administration
to perform a contract to be let noncompetitively pursuant to this