275 
(10) shall review all subcontracting plans required by section 243103 
of this title to ensure that the plan provides maximum practicable op-
portunity for small business concerns to participate in the performance 
of the contract to which the plan applies. 
(f) SUPERVISORY AUTHORITY.—The Director for a Federal agency shall 
have supervisory authority over personnel of the Federal agency to the ex-
tent that the functions and duties of those personnel relate to functions and 
duties under chapters 231, 233, 241, 243, and 245 of this title and division 
H of subtitle II of this title. 
(g) SMALL BUSINESS TECHNICAL ADVISERS.— 
(1) ASSIGNMENT.—The Director for a Federal agency shall assign 
a small business technical adviser to each office to which the Adminis-
trator assigns a procurement center representative. 
(2) QUALIFICATIONS.—A small business technical adviser— 
(A) shall be a full-time employee of the procurement activity; 
and 
(B) shall be well qualified, technically trained, and familiar with 
the goods or services purchased at the procurement activity. 
(3) PRINCIPAL DUTY.—The principal duty of a small business tech-
nical adviser shall be to assist the SBA procurement center representa-
tive in carrying out duties and functions relating to chapters 231, 233, 
241, 243, and 245 of this title and division H of subtitle II of this 
title. 
(h) COOPERATION
AND CONSULTATION.—The Director for a Federal 
agency shall cooperate, and consult on a regular basis, with the Adminis-
trator with respect to carrying out the functions and duties described in 
subsection (d). 
(i) RECOMMENDATIONS CONCERNING AWARD OF CONTRACTS.— 
(1) IN GENERAL.—The Director for a Federal agency shall make 
recommendations to contracting officers concerning whether a par-
ticular contract requirement should be awarded pursuant to chapter 
231, 233, 241 (except section 241119), 243, or 245 of this title, divi-
sion H of subtitle II of this title, or section 2323 of title 10. 
(2) CONSIDERATIONS.—A recommendation under paragraph (1) 
shall be made with due regard to the requirements of sections 251110 
and 251112 of this title. 
(3) DOCUMENTATION OF FAILURE TO ACCEPT RECOMMENDATION.— 
The failure of a contracting officer to accept a recommendation under 
paragraph (1) shall be documented and included within the appropriate 
contract file. 
(j) APPLICABILITY OF SECTION.—This section does not apply to SBA. 
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276 
§ 251110. Procurement center representatives 
(a) DEFINITION OF MAJOR PROCUREMENT CENTER.—In this section, the 
term ‘‘major procurement center’’ means a procurement center that, in the 
opinion of the Administrator, purchases substantial dollar amounts of goods 
and services (including goods or services that are commercially available). 
(b) ASSIGNMENT OF PROCUREMENT CENTER REPRESENTATIVES.—The 
Administrator shall assign to each major procurement center a procurement 
center representative with such assistance as is appropriate. 
(c) ACTIVITIES.—A procurement center representative may— 
(1)(A) attend any provisioning conference or similar evaluation ses-
sion during which determinations are made concerning whether require-
ments are to be procured through other than full and open competition; 
and 
(B) make recommendations with respect to those requirements to the 
members of the conference or session; 
(2)(A) review, at any time, barriers to participation by small busi-
ness concerns in Federal contracting imposed on goods and services 
through acquisition method coding or similar procedures; and 
(B) recommend to personnel of the appropriate activity the prompt 
reevaluation of such barriers; 
(3)(A) review barriers to participation by small business concerns in 
Federal contracting arising out of restrictions on the rights of the 
United States in technical data; and 
(B) when appropriate, recommend that personnel of the appropriate 
activity initiate a review of the validity of such an asserted restriction; 
(4) review any bundled contact or consolidated contract or solicita-
tion for a bundled contract or consolidated contract in accordance with 
this subtitle; 
(5) have access to procurement records and other data of the major 
procurement center commensurate with the level of the procurement 
center representative’s approved security clearance classification, the 
data to be provided on request in electronic format, if available; 
(6)(A) receive unsolicited proposals from small business concerns; 
and 
(B) transmit each proposal to personnel of the activity of a Federal 
agency who are responsible for reviewing such proposals, which per-
sonnel shall furnish the procurement center representative with infor-
mation regarding the disposition of the proposal; 
(7) consult with the Director of Small and Disadvantaged Business 
Utilization of that Federal agency and the agency personnel described 
in subsections (f) and (g) of section 251109 of this title with regard 
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to agency insourcing decisions covered by subsection (e)(3) of that sec-
tion; 
(8) advocate for the maximum practicable utilization of small busi-
ness concerns in Federal contracting, including by advocating against 
the consolidation or bundling of contract requirements when not justi-
fied; 
(9) assist small business concerns with finding resources for edu-
cation and training on compliance with contracting regulations (includ-
ing the Federal Acquisition Regulation) after award of a contract or 
subcontract; and 
(10) carry out any other responsibility assigned by the Adminis-
trator. 
(d) APPEAL OF FAILURE TO ACT FAVORABLY ON RECOMMENDATION.— 
(1) IN GENERAL.—A procurement center representative may appeal 
the failure to act favorably on any recommendation made under sub-
section (c). 
(2) PROCEDURE.—An appeal under paragraph (1) shall be filed and 
processed in the same manner and shall be subject to the same condi-
tions and limitations as an appeal filed by the Administrator under sec-
tion 251101(a) of this title. 
(e) SMALL BUSINESS TECHNICAL ADVISERS.— 
(1) IN GENERAL.—The Administrator shall assign and co-locate at 
least 2 small business technical advisers to each major procurement 
center in addition to such other advisers as may be authorized from 
time to time. 
(2) DUTIES.—The sole duties of small business technical advisers as-
signed under paragraph (1) shall be— 
(A) to assist the procurement center representative for the cen-
ter to which the small business technical advisers are assigned in 
carrying out the functions described in subsection (c); and 
(B) to assist the procurement center representative for each of-
fice to which the Administrator assigns a procurement center rep-
resentative under section 251109(g) of this title. 
(f) STATUS; QUALIFICATIONS.— 
(1) A procurement center representative— 
(A) shall be a full-time employee of SBA; 
(B) shall be fully qualified, technically trained, and familiar with 
the goods and services procured by the major procurement center 
to which the procurement center representative is assigned; and 
(C) shall have the certification described in paragraph (2). 
(2) CERTIFICATION REQUIREMENTS.— 
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(A) IN GENERAL.—Consistent with the requirements of sub-
paragraph (B), a procurement center representative shall have a 
Level III Federal Acquisition Certification in Contracting (or any 
successor certification) or the equivalent Department of Defense 
certification, except that any person serving in such a position on 
or before January 3, 2013, may continue to serve in that position 
for a period of 5 years without the required certification. 
(B) DELAY OF CERTIFICATION REQUIREMENTS.— 
(i) TIMING.—The certification described in subparagraph 
(A) is not required for any person serving as a procurement 
center representative until the date that is 1 calendar year 
after the date on which the person is appointed as a procure-
ment center representative. 
(ii) APPLICABILITY.—The requirements of clause (i) 
shall— 
(I) be included in any initial job posting for the posi-
tion of a procurement center representative; and 
(II) apply to any person appointed as a procurement 
center representative after January 3, 2013. 
(g) COMPENSATION.—The Administrator shall establish personnel posi-
tions for procurement representatives assigned under this section that are 
classified at a grade level of the General Schedule sufficient to attract and 
retain highly qualified personnel. 
(h) TRAINING.— 
(1) IN GENERAL.—At such times as the Administrator considers ap-
propriate, a procurement center representative shall conduct famil-
iarization sessions for contracting officers and other appropriate per-
sonnel of the major procurement center to which the procurement cen-
ter representative is assigned. 
(2) PURPOSE.—A familiarization session shall acquaint the partici-
pants with, and instruct the participants in methods designed to fur-
ther the purposes of, this section. 
(3) LIMITATION.—A procurement center representative may provide 
training under paragraph (1) only to the extent that the training does 
not interfere with the carrying out by the procurement center rep-
resentative of other activities under this section. 
(i) ANNUAL BRIEFING AND REPORT.— 
(1) IN GENERAL.—A procurement center representative shall prepare 
and personally deliver an annual briefing and report to the head of the 
major procurement center to which the procurement center representa-
tive is assigned. 
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