H.R. 2452: Women’s Procurement Program Equalization Act of 2013

113th Congress, 2013–2015. Text as of Jun 20, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 2452

IN THE HOUSE OF REPRESENTATIVES

June 20, 2013

(for herself, Mr. Payne, Mr. Barber, Ms. Chu, Ms. Clarke, and Ms. Meng) introduced the following bill; which was referred to the Committee on Small Business

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 Equalization Act of 2013 .

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.

; and

(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.

.

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

.