Generating Revenue Opportunities for Women-Owned Small Businesses Act of 2024
A BILL
To make improvements to Federal contracting opportunities for small business concerns owned and controlled by women, and for other purposes.
Sec. 2 Definitions
In this Act:
Administration— The term Administration means the Small Business Administration.
Administrator— The term Administrator means the Administrator of the Small Business Administration.
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Small Business of the House of Representatives and the Committee Small Business and Entrepreneurship of the Senate.
Small business concern— The term small business concern has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632).
Small business concern owned and controlled by women— The term small business concern owned and controlled by women has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).
Sec. 3 Establishment of women-owned indefinite delivery, indefinite quantity contracts
Authority—
In general— The Administrator of the General Services Administration may establish and administer an indefinite delivery, indefinite quantity contract exclusively for small business concerns owned and controlled by women.
Limitation— The Administrator of the General Services Administration may not use the authority under this section until 90 days after the date of submission of the plan required under subsection (c).
Exception— The requirements of any regulation issued pursuant to section 865(b)(2) of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) shall not apply to an indefinite delivery, indefinite quantity contact entered into under this section.
Plan—
In general— Not later than 270 days after the date of the enactment of this Act, the Administrator of the General Services Administration and the Administrator of the Small Business Administration shall jointly develop an implementation plan to establish and administer an indefinite delivery, indefinite quantity contract described in subsection (a).
Elements— The plan shall include the following:
A detailed description of the steps necessary to establish and administer the indefinite delivery, indefinite quantity contract described in subsection (a).
A description of the purpose and scope of such contract and the types of goods and services to be acquired under such contract, including—
the process for determining which offerors may be included in such contract; and
a review of available ways to structure and issue orders under such contract and how each way would provide the maximum benefit to small business concerns owned and controlled by women.
The timelines necessary for the establishment of such contract.
The methods of soliciting and obtaining feedback on the structure of such contract from interested persons, including small business concerns owned and controlled by women and interested persons representing small business concerns owned and controlled by women.
The cost associated with managing and operating such contract, and any fees, working capital funds, or appropriations that are necessary for the establishment and administration of such contract.
The plans and strategies to maximize participation of small business concerns owned and controlled by women in such contract.
The methods to measure the performance, management, and outcomes associated with such contract.
Any statutory or regulatory authorities necessary to encourage additional Federal agency participation in such contract and methods to obtain such authorities.
Any proposals or recommendations to ensure maximum participation in Federal contracting opportunities for small business concerns owned and controlled by women that are not included in such contract.
The steps the Administrator of the Small Business Administration should take to encourage use of such contract by Federal agencies, including marketing strategies and training for appropriate acquisition personnel of such agencies.
Proposals to change current laws, strategies, business practices, policies, guidance, and regulations to provide the Administrator of the General Services Administration with the authorities to carry out the implementation plan.
Any additional relevant information, as determined by the Administrator of the General Services Administration or the Administrator of the Small Business Administration.
Indefinite delivery, indefinite quantity contract defined— In this section, the term indefinite delivery, indefinite quantity contract means a contract with 2 or more sources pursuant to the same solicitation that is entered into by one or more heads of a Federal agency.
Sec. 4 Exclusion of self-certified small business concerns owned and controlled by women from goals
Exclusion of self-Certified WOSBs from Governmentwide and agency goals—
In general— Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following new paragraph:
“(4) Exclusion of self-certified WOSBs from goals—Only small business concerns owned and controlled by women that have been certified under section 8(m)(2)(E) shall be included in calculating the goals established—
“(A) under paragraph (1)(A)(v); and
“(B) by the head of a Federal agency for small business concerns owned and controlled by women under paragraph (2).”
Effective date— The amendments made by paragraph (1) shall take effect on the first day after the end of the second fiscal year beginning after the Administrator issues the rules required under subsection (b)(2).
Requirements relating to self-Certified WOSBs—
Inclusion of certain self-certified WOSBs in goals—
In general— Notwithstanding any other provision of law, a small business concern described in subparagraph (B) shall be deemed to have been certified by the Administrator or a national certifying entity approved by the Administrator under section 8(m) of the Small Business Act (15 U.S.C. 637(m)) as a small business concern owned and controlled by women under paragraph (2)(E) of such section 8(m) (15 U.S.C. 637(m)(2)(E)) for the purposes of calculating the goals described in paragraph (4) of section 15(g) of such Act (as added by subsection (a) of this Act) until the Administrator or such a national certifying entity make a determination with respect to the certification of such concern under section 8(m) of such Act.
Small business concerns described— A small business concern described in this subparagraph is a small business concern—
that is self-certified as a small business concern owned and controlled by women on or before the date on which the amendments made by subsection (a) take effect;
that files a certification application with the Administrator or a national certifying entity approved by the Administrator under section 8(m) of the Small Business Act (15 U.S.C. 637(m)) prior to such date; and
for which the Administrator or such a national certifying entity does not make a determination prior to such date regarding certification pursuant to such certification application.
Rulemaking— Not later than one year after the date of the enactment of this Act, the Administrator shall issue rules to carry out this section. The Administrator shall notify the Law Revision Counsel of the House of Representatives of such issuance so that the Law Revision Counsel may execute the amendment made by subsection (a) in accordance with such subsection.
Quarterly briefings required— Not later than 60 days after the date of the enactment of this section and on a quarterly basis thereafter until the date specified in subsection (b), the Administrator shall provide to the Committee on Small Business of the House of Representatives and the Committee Small Business and Entrepreneurship of the Senate a briefing on the implementation of the requirements of this section. Such briefings shall include—
the total number of small business concerns expected to seek certification as a small business concern owned and controlled by women;
the number of applications for certification pending with the Administrator or a national certifying entity approved by the Administrator under section 8(m) of the Small Business Act (15 U.S.C. 637(m)) during the period covered by the briefing;
the total number of applications approved by the Administrator or such a national certifying entity since the date of the enactment of this section;
the timelines associated with processing such applications by the Administrator or such a national certifying entity between submission and approval;
the administrative costs to the Administration to make determinations on such applications and the estimated cost to such applicant to seek certification from a national certifying entity;
a discussion of the Administrator’s current and future outreach efforts to small business concerns owned and controlled by women and to Federal agencies on the requirements of this section; and
recommendations for additional legislative authority or resources required to fully implement the requirements of this section.
Sec. 5 Increase to Governmentwide goal for participation in Federal contracts by certain small business concerns
Goals for small business concerns owned and controlled by women— Section 15(g)(1)(A)(v) of the Small Business Act (15 U.S.C. 644(g)(1)(A)(v)) is amended by striking “5 percent” and inserting “7 percent”.
Conforming adjustment— Section 15(g)(1)(A)(i) of the Small Business Act (15 U.S.C. 644(g)(1)(A)(i)) is amended by striking “23 percent” and inserting “25 percent”.
Sec. 6 Training on increasing contract awards to small business concerns owned and controlled by women
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended by adding at the end the following new paragraph:
“(9) Training on increasing contract awards to small business concerns owned and controlled by women
“(A) In general—The Administrator shall provide training to acquisition personnel at each Federal agency that has not met the goal established under section 15(g)(1)(A)(v) on how to increase the number of contracts awarded to small business concerns owned and controlled by women.
“(B) Guidance—Not later than 180 days after the date of the enactment of this paragraph, the Administrator shall issue guidance and best practices on increasing the number of contracts awarded to small businesses owned and controlled by women to Federal agencies to which such goal applies. Such guidance shall include—
“(i) the list of industries identified under paragraph (4) and any changes to such list;
“(ii) the procedures to follow when using or deciding to use the authority under paragraph (2), (7), or (8);
“(iii) best practices to identify requirements for which the authority under paragraph (2), (7), or (8) may be used;
“(iv) best practices in market research to identify small businesses owned and controlled by women included on the list described in clause (i);
“(v) effective procurement methods to maximize use of the authority under this paragraph; and
“(vi) other relevant information, as determined by the Administrator.”
Sec. 7 Report from the Secretary of Defense
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees and the Armed Services Committees of the House of Representatives and the Senate a report that includes the following with respect to section 8(m) of the Small Business Act (15 U.S.C. 637(m)), as in effect on the day before the date of the enactment of this Act:
A summary of the training and education requirements for members of the acquisition workforce (as defined in section 101 of title 10, United States Code) relating to the award of contracts to small business concerns owned and controlled by women under the authority of paragraph (2), (7), or (8) of such section 8(m).
A discussion of the training opportunities made available to members of the acquisition workforce by each element of the Department of Defense (as described in section 111 of such title ) relating to the award of contracts to small business concerns owned and controlled by women under the authority of paragraph (2), (7), or (8) of such section 8(m).
Of the training opportunities described in paragraph (2), a description of those funded from amounts in the Department of Defense Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code).
An analysis of the effect on the training opportunities described in paragraph (2) on the use of the authority under paragraphs (2), (7), and (8) of such section 8(m).
Recommendations for changes or additions to the training and education requirements described in paragraph (1) and training opportunities described in paragraph (2) that would increase the number of contracts awarded to small business concerns owned and controlled by women under the authority of paragraphs (2), (7), and (8) of such section 8(m).
Sec. 8 Report on use of sole source authority to award contracts to small business concerns owned and controlled by women
Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the procedures and requirements of each Federal agency when awarding a prime contract under the authority of paragraph (7) or (8) of section 8(m) of the Small Business Act (15 U.S.C. 637(m)) to a small business concern owned and controlled by women. Such report shall include—
a summary of the procedures required to obtain approval for solicitation and award of such contracts;
a list of each of the required approvals, and the official with the authority to grant each such approval, for such contracts; and
recommendations to streamline the procedures and approval requirements that would increase the use of the authority of paragraph (7) or (8) of section 8(m) of the Small Business Act (15 U.S.C. 637(m)) to award contracts to small business concerns owned and controlled by women.
Sec. 9 Waiver of justification and approval requirements
Defense contracts— Section 3204(e) of title 10, United States Code, is amended—
in paragraph (1), by striking “paragraphs (3), (4), and (7),” and inserting “paragraphs (3), (4), (7), and (8)”; and
by adding at the end the following new paragraph:
“(8) Justification and approval not required for awards to certain small business concerns owned and controlled by women—The justification and approval required by paragraph (1) is not required in the case of a sole source contract awarded to a small business concern owned and controlled by women if the proposed value of such contract does not exceed the dollar threshold under section 8(m)(7).”
Other contracts— Section 3304(e)(4) of title 41, United States Code, is amended—
in subparagraph (C), by striking “or” at the end;
in subparagraph (D), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subparagraph:
“(E) the procurement is a sole source contract awarded to a small business concern owned and controlled by women if the proposed value of such contract does not exceed the dollar threshold under section 8(m)(7).”
Sec. 10 Elimination of unnecessary restrictions on awards to small business concerns owned and controlled by women
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—
in paragraph (7)(A), by striking “and the contracting officer” and all that follows through “offers”; and
in paragraph (8)(A), by striking “and the contracting officer” and all that follows through “offers”.
Sec. 11 Requirements relating to agency procurement forecasts
Section 8(a)(12)(C) of the Small Business Act (15 U.S.C. 637(a)(12)(C)) is amended by adding at the end the following new clause:
“(v) The individual contract opportunities in industries identified by the Administrator under subsection (m)(4) in which small business concerns owned and controlled by women are underrepresented with respect to Federal procurement contracting.”
Sec. 12 List of small business concerns owned and controlled by women that have not been awarded a Federal contract
Not later than one year after the date of the enactment of this Act, the Administrator shall submit to the head of each Office of Small and Disadvantaged Business Utilization (established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k))) a list of small business concerns owned and controlled by women—
that have a record of past performance; and
that have not been awarded a contract under section 8(m) of the Small Business Act (15 U.S.C. 637(m)).
Sec. 13 Best practices for increasing Federal contracting opportunities for small business concerns owned and controlled by women
In general— Not later than one year after the date of the enactment of this Act, the Administrator shall convene not less than two events for the purpose of sharing information on best practices for increasing Federal contracting opportunities for small business concerns owned and controlled by women.
Requirements— At least one of the events convened pursuant to subsection (a) shall include Administration officials presenting such information to interested parties and at least one of such events shall include interested parties presenting such information to Federal contracting officers.
Sec. 14 Reports on use of set-aside authority to award contracts to small business concerns owned and controlled by women
Report required— During the covered period, the Administrator of the Small Business Administration shall annually submit to the appropriate congressional committees, at the same time as the submission of the scorecard required by section 15(y) of the Small Business Act (15 U.S.C. 644(y)), a report on—
the total number of prime contract awards to small business concerns owned and controlled by women made under the authority of paragraph (2) of section 8(m) of such Act (15 U.S.C. 637(m)) during the covered period;
the number of such prime contracts awarded that were for goods or services previously provided or performed by small business concerns owned and controlled by women pursuant to a contract awarded under the authority of such paragraph (2) of section 8(m); and
the number of prime contracts awarded that were for goods or services not previously provided or performed by small business concerns owned and controlled by women pursuant to a contract awarded under the authority of such paragraph (2) of section 8(m).
Covered period defined— In this section, the term covered period means the period beginning with the first fiscal year that begins after the date of the enactment of this Act and ending on the date that is five years after that date of enactment.
Sec. 15 Comptroller General survey of Offices of Small and Disadvantaged Business Utilization
Survey required— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a survey of each Office of Small and Disadvantaged Business Utilization (established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k))) relating to challenges to the use of contracting authorities for small business concerns owned and controlled by women and recommendations to facilitate great use of such authorities.
Report required— Not later than 90 days after the date of completion of the survey required under subsection (a), the Comptroller General shall submit to the appropriate congressional committees a report that includes recommendations to increase Federal contracting opportunities for small business concerns owned and controlled by women.
Sec. 16 Award program for small business concerns owned and controlled by women
Not later than one year after the date of the enactment of this Act, the Administrator shall establish an annual awards program to recognize any Federal agency employees who have made notable contributions to the Federal contracting program established under section 8(m) of the Small Business Act (15 U.S.C. 637(m)). The criteria for such award shall include the following:
Demonstrated success in using contracting authorities under such section 8(m) in a manner in which provided new or additional Federal contracting opportunities for small business concerns owned and controlled by women.
The use of practices that resulted in successfully awarding contracts to small business concerns owned and controlled by women using the authority under paragraph (2), (7), or (8) of such section 8(m).
Such other criteria, as determined by the Administrator.
Sec. 17 Parity for contracting preferences for small business concerns owned and controlled by women
Section 8127 of title 38, United States Code, is amended—
in subsection (h)(3)—
in subparagraph (A), by striking “or”;
in subparagraph (B), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subparagraph:
“(C) section 8(m) of such Act (15 U.S.C. 637(m)).”
in subsection (j)—
in the matter preceding paragraph (1), by striking “Congress” and inserting “appropriate congressional committees”;
by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and
by inserting after paragraph (2) the following new paragraphs:
“(3) The percentage of and total dollar amount of all contracts awarded by the Department to small business concerns owned and controlled by veterans that are also small business concerns owned and controlled by women.
“(4) The percentage of and total dollar amount of all contracts awarded by the Department to small business concerns owned and controlled by veterans with service-connected disabilities that are also small business concerns owned and controlled by women.”
in subsection (m), by adding at the end the following new paragraphs:
“(5) The term small business concern owned and controlled by women has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).
“(6) The term appropriate congressional committees means—
“(A) the Committees on Small Business and Veterans’ Affairs of the House of Representatives; and
“(B) the Committees on Small Business and Entrepreneurship and Veterans’ Affairs of the Senate.”
Sec. 18 Technical amendments
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—
in paragraph (2)(C), by striking “paragraph (3)” and inserting “paragraph (4)”; and
in paragraph (8), by striking “paragraph (3)” and inserting “paragraph (4)”.