US Codex
Bill
Notes

Women’s Procurement Program Equalization Act of 2013

H.R. 2452 · 113th Congress · Jun 20, 2013 · Lineage

A BILL

To amend the Small Business Act with respect to the procurement program for women-owned small business concerns, and for other purposes.

Section 1 Short title

This Act may be cited as the “Women’s Procurement Program Equalization Act of 2013”.

Sec. 2 Women’s Procurement Program Equalization

Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—
(1)
in paragraph (2), so that subparagraph (E) reads as follows:

“(E) each of the concerns—

“(i) is certified by a Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or

“(ii) is certified by the Administrator as a small business concern owned and controlled by women.”

(2)
by adding at the end the following:

“(7) Sole source contracts for economically disadvantaged women-owned small businesses—In accordance with this section, a contracting officer may award a sole source contract to any small business concern meeting the requirements of section 8(m)(2)(A) of this Act if—

“(A) such concern is determined to be a responsible contract with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses meeting the requirements of section 8(m)(2)(A) will submit offers;

“(B) the anticipated award price of the contract (including options) will not exceed—

“(i) $6,500,000 in the case of a contract opportunity assigned a standard industrial code for manufacturing; or

“(ii) $4,000,000 in the case of any other contract opportunity; and

“(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.

“(8) Sole source contracts for women owned small businesses in substantially underrepresented industries—In accordance with this section, a contracting officer may award a sole source contract to any small business concerns meeting the requirements of section 8(m)(3) of this Act if—

“(A) such concern is determined to be a responsible contract with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses meeting the requirements of section 8(m)(3) will submit offers;

“(B) the anticipated award price of the contract (including options) will not exceed—

“(i) $6,500,000 in the case of a contract opportunity assigned a standard industrial code for manufacturing; or

“(ii) $4,000,000 in the case of any other contract opportunity; and

“(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.”

Sec. 3 Reporting on goals for procurement contracts awarded to small business concerns

Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644) is amended to read as follows:

“(viii) small business concerns owned and controlled by women—

“(I) in the aggregate;

“(II) through competitions restricted to small business concerns;

“(III) through competitions restricted using the authority under section 8(m)(2);

“(IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used;

“(V) through sole source contracts awarded using the authority under section 8(m)(7);

“(VI) through sole source contracts awarded using the authority under section 8(m)(8) and in which the waiver authority under section 8(m)(3) was used;

“(VII) by industry in which the contracts described in subclauses (III) through (VI) were awarded; and

“(VIII) through unrestricted competition; and”