PUBLIC LAW 100-656—NOV. 15, 1988

102 STAT. 3873

the amounts thereof, shall be subject to the Contract Disputes Act of
1978 (41 U.S.C. 601-613).

"(iii) Each agency shall ensure that the goals offered by the
apparent successful bidder or offeror are attainable in relation to—

"(D the subcontracting opportunities available to the contrac-
tor, commensurate with the efficient and economical perform-
ance of the contract;

"(ED the pool of eligible subcontractors available to fulfill the
subcontracting opportunities; and

"(HD the actual performance of such contractor in fulfilling
the subcontracting goals specified in prior plans.".

(b) LIQUIDATED DAMAGES CLAUSE.—The contract clause required 15 use 637 note,
by section 8(dX4XF) of the Small Business Act (as added by subsec-
tion (a)) shall be made part of the Federal Acquisition Regulation
and promulgated pursuant to section 22 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b).

AND

SEC. 401. STATUS OF THE ASSOCIATE ADMINISTRATOR FOE MINORITY
SMAI-L BUSINESS AND CAPITAL OWNERSHIP DEVELOPMENT.

(a) IN GENERAL.—In Section 4(bXD of the Small Business Act (15

U.S.C. 63SQ>XD) is amended by inserting immediately after "Associ-
ate Administrator for Minority Small Business and Capital Owner-
ship Development" the following: "who shall be an employee in the
competitive service or in the Senior Executive Service and a career
appointee".

(b) CAREER POSITION.—The position of Associate Administrator for 15 use 633 note.
Minority Small Business and Capital Ownership Development re-
ferred to in paragraph (1) of section 4(b) of the Act shall be a career

reserved position.

SEC. 402. PEOfflBITED ACTIONS AND EMPLOYEE RESPONSIBILITIES.

Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is further
amended by adding at the end thereof the following new paragraph:
"(18XA) No person within the employ of the Administration shall,
during the term of such employment and for a period of two years
after such employment has been terminated, engage in any activity
or transaction specified in subparagraph (B) with respect to any
Program Participant certified during such person's term of employ-
ment, if such person participated personally (either directly or
indirectly) in decision-making responsibilities relating to such Pro-
gram Participant or with respect to the administration of any
assistance provided to Program Participants generally under this
subsection, section 7(jX10), or section 7(aX20).

"(B) The activities and transactions prohibited by subparagraph
(A) include—

"(i) the buying, selling, or receiving (except by inheritance) of
any legal or beneficial ownership of stock or any other owner-
ship interest or the right to acquire any such interest;

(ii) the entering into or execution of any written or' oral

agreement (whether or not legally enforceable) to purchase or

otherwise obtain any right or interest described in clause (i); or

"(Hi) the receipt of any other benefit or right that may be an

incident of ownership.