A. Section 8 of
the Small Business
Act (15 U.S.C.
637) is amended
by adding at the
end the following:
811(m) PROCUREMENT
PROGRAM FOR WOMEN-OWNED
SMALL BUSINESS
CONCERNS-
(1) DEFINITIONS-
In this subsection,
the following
definitions apply:
(A) CONTRACTING
OFFICER-The term
"contracting
officer"
has the meaning
given such term
in section 27(f)(5)
of the Office
of Federal Procurement
Policy Act (41
U.S.C. 423(f)(5)).
(B) SMALL BUSINESS
CONCERN OWNED
AND CONTROLLED
BY WOMEN-The term
"small business
concern owned
and controlled
by women"
has the meaning
given such term
in section 3(n),
except that ownership
shall be determined
without regard
to any community
property law.
(2) AUTHORITY
TO RESTRICT COMPETITION-In
accordance with
this subsection,
a contracting
officer may restrict
competition for
any contract for
the procurement
of goods or services
by the Federal
Government to
small business
concerns owned
and controlled
by women, if-
(A) each of the
concerns is not
less than 51 percent
owned by 1 or
more women who
are economically
disadvantaged
(and such ownership
is determined
without regard
to any community
property law);
(B) the contracting
officer has a
reasonable expectation
that 2 or more
small business
concerns owned
and controlled
by women will
submit offers
for the contract;
(C) the contract
is for the procurement
of goods or services
with respect to
an industry identified
by the Administrator
pursuant to paragraph
(3);
(D) the anticipated
award price of
the contract (including
options) does
not exceed-
(i) $5,000,000,
in the case of
a contract assigned
an industrial
classification
code for manufacturing;
or
(ii) $3,000,000,
in the case of
all other contracts;
(E) in the estimation
of the contracting
officer, the contract
award can be made
at a fair and
reasonable price;
and
(F) 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) certifies
to the contracting
officer that it
is a small business
concern owned
and controlled
by women and provides
adequate documentation,
in accordance
with standards
established by
the Administration,
to support such
certification.
(3) WAIVER-With
respect to a small
business concern
owned and controlled
by women, the
Administrator
may waive subparagraph
(2)(A) if the
Administrator
determines that
the concern is
in an industry
in which small
business concerns
owned and controlled
by women are substantially
underrepresented.
(4) IDENTIFICATION
OF INDUSTRIES-The
Administrator
shall conduct
a study to identify
industries in
which small business
concerns owned
and controlled
by women are underrepresented
with respect to
Federal procurement
contracting.
(5) ENFORCEMENT;
PENALTIES.-
(A) VERIFICATION
OF ELIGIBILITY--In
carrying out this
subsection, the
Administrator
shall establish
procedures relating
to-
(i) the filing,
investigation,
and disposition
by the Administration
of any challenge
to the eligibility
of a small business
concern to receive
assistance under
this subsection
(including a challenge,
filed by an interested
party, relating
to the veracity
of a certification
made or information
provided to the
Administration
by a small business
concern under
paragraph (2)(F));
and
(ii) verification
by the Administrator
of the accuracy
of any certification
made or information
provided to the
Administration
by a small business
concern under
paragraph (2)(F).
(B) EXAMINATIONS--The
procedures established
under subparagraph
(A) may provide
for program examinations
(including random
program examinations)
by the Administrator
of any small business
concern making
a certification
or providing information
to the Administrator
under paragraph
(2)(F).
(C) PENALTIES.-In
addition to the
penalties described
in section 16(d),
any small business
concern that is
determined by
the Administrator
to have misrepresented
the status of
that concern as
a small business
concern owned
and controlled
by women for purposes
of this subsection,
shall be subject
to-
(i) section 1001
of title 18, United
States Code; and
(ii) sections
3729 through 3733
of title 31, United
States Code;
(6) PROVISION
OF DATA-Upon the
request of the
Administrator,
the head of any
Federal department
or agency shall
promptly provide
to the Administrator
such information
as the Administrator
determines to
be necessary to
carry out this
subsection.
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