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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle C--Industrial Base Matters |
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P. L. 113-291 |
Explanatory Statement, 12/4/14, H8671 |
SEC. 825. SOLE SOURCE CONTRACTS FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN. (a) Authority for Sole Source Contracts for Certain Small Business Concerns Owned and Controlled by Women- Subsection (m) of section 8 of the Small Business Act (15 U.S.C. 637(m)) is amended-- (1) by amending paragraph (2)(E) to read as follows: `(E) each of the concerns is certified by a Federal agency, a State government, the Administrator, or a national certifying entity approved by the Administrator as a small business concern owned and controlled by women.'; (2) in paragraph (5), by striking `paragraph (2)(F)' each place such term appears and inserting `paragraph (2)(E)'; and (3) by adding at the end the following new paragraphs: `(7) AUTHORITY FOR SOLE SOURCE CONTRACTS FOR ECONOMICALLY DISADVANTAGED SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN- A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women described in paragraph (2)(A) and certified under paragraph (2)(E) if-- `(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses described in paragraph (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 classification 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) AUTHORITY FOR SOLE SOURCE CONTRACTS FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN IN SUBSTANTIALLY UNDERREPRESENTED INDUSTRIES- A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women certified under paragraph (2)(E) that is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator under paragraph (3)) if-- `(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses in an industry that has received a waiver under paragraph (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 classification 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.'. (b) Reporting on Goals for Sole Source Contracts for Small Business Concerns Owned and Controlled by Women- Clause (viii) of subsection 15(h)(2)(E) of such Act is amended-- (1) in subclause (IV), by striking `and' after the semicolon; (2) by redesignating subclause (V) as subclause (VIII); and (3) by inserting after subclause (IV) the following new subclauses: `(V) through sole source contracts awarded using the authority under subsection 8(m)(7); `(VI) through sole source contracts awarded using the authority under section 8(m)(8); `(VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and'. (c) Accelerated Deadline for Report on Industries Underrepresented by Small Business Concerns Owned and Controlled by Women- Paragraph (2) of section 29(o) of such Act is amended by striking `5 years after the date of enactment' and inserting `3 years after the date of enactment'. |
Sole source contracts for small business
concerns owned and controlled by women (sec. 825)
The House bill contained a provision (sec. 827) that would allow for sole source contracting to certain women owned small businesses. The Senate committee-reported bill contained no similar provision. The agreement includes the House provision with a clarifying amendment. Statement of Congresswoman Speier, upon offering amendment 82, at H4724 on 5/21/14, which became Section 827 The second amendment is a significant amendment for women-owned businesses in this country. For 20 years now, we have set a governmentwide goal of 5 percent. For 20 years, we have not met that 5 percent. This particular amendment takes away the extra obstacle that is imposed on women-owned businesses and not on others when sole-source contracting is provided. Additional Information Congressional Record, July 30, 2014 Senator Cantwell's introduction of S. 2693. Women's Small Business Ownership Act of 2014.
Excerpt from the Majority
Report of the U.S. Senate Committee on Small Business and
Entrepreneurship entitled: 21st Century Barriers to
Women’s Entrepreneurship This benefits agencies by allowing them to award small contracts more efficiently, and it benefits small contractors by removing certain administrative burdens that can be costly and can result in early elimination from consideration for award. Due to these advantages, 15 percent of small business awards are awarded through sole source contracts to other traditionally disadvantaged groups.78 The inability of agencies to utilize this tool to award small contracts to women-owned small businesses puts the WOSB Procurement Program and the women it seeks to assist at a disadvantage. The WOSB Procurement Program is implemented poorly, with statutory and regulatory burdens that prevent its efficient use by agencies charged with meeting the women-owned small business contracting goal. That poor implementation is exacerbated by outdated industry classifications, created by the narrowly-focused disparity study, and a lack of sole source authority that makes using the program harder for federal contracting officers. These challenges for the program combine to place an undue burden on women attempting to contract with the federal government. Despite continued efforts to improve federal contracting opportunities for women-owned small businesses, the federal government has yet – since the goal was created – to reach its 5 percent contracting goal. To improve contracting procedures and finally achieve that goal – allowing access to more than $500 billion in annual federal procurement opportunities – Congress should:
At the end of the day, women business owners should have the same tools that other small businesses have available to them. Providing women-owned firms with a sole source mechanism would ensure that contracting programs for all small businesses are treated the same. This would also improve the likelihood that women will receive at least $4 billion additionally each year that they should receive in government contracts. Further, an outdated study of under-represented industries is the underpinning of the Women-Owned Small Business Federal Contract program and works against congressional efforts to diversify the government’s supply base, and possibly strengthen our national security, because women are only allowed contracting benefits in industries that have historically been closed to them. Rather than waiting until 2018 for the results of the new study of under-represented industries, women should have access to this information much more expeditiously, which will likely result in increased opportunities in many industries. By the time the new study is available in 2018, the data for the first study – still in effect until the new study results are released – will be nearly 15 years old." |