< Back to H.R. 4203 (112th Congress, 2011–2013)

Text of the Women’s Procurement Program Improvement Act of 2012

This bill was introduced on March 21, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 27, 2012 (Reported by House Committee).

Source: GPO

IB

Union Calendar No. 535

112th CONGRESS

2d Session

H. R. 4203

[Report No. 112–732]

IN THE HOUSE OF REPRESENTATIVES

March 19, 2012

(for herself, Ms. Clarke of New York, Ms. Chu, and Ms. Hahn) introduced the following bill; which was referred to the Committee on Small Business

December 27, 2012

Additional sponsors: Mr. Peters, Mr. Critz, Mr. Cicilline, Mr. Tipton, and Mrs. Ellmers

December 27, 2012

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


A BILL

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


1.

Short title

This Act may be cited as the Women’s Procurement Program Improvement Act of 2012.

2.

Procurement program for women-owned small business concerns

Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—

(1)

in paragraph (2)—

(A)

by striking subparagraph (D);

(B)

by redesignating subparagraph (E) as subparagraph (D) respectively; and

(C)

by striking subparagraph (F), and inserting the following:

(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)

in paragraph (3), by striking subparagraph (2)(A) inserting the following: paragraph (2)(A) or paragraph (7)(A);

(3)

in paragraph (5) by striking under paragraph (2)(F) each place it appears and inserting under paragraph (2)(E); and

(4)

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.

.

December 27, 2012

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed