I 

112TH CONGRESS 

2D SESSION H. R. 4203 

To amend the Small Business Act with respect to the procurement program 

for women-owned small business concerns, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2012 

Ms. VELA ́ZQUEZ (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 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Procurement 

5 Program Improvement Act of 2012’’. 

6 SEC. 2. PROCUREMENT PROGRAM FOR WOMEN-OWNED 

7 SMALL BUSINESS CONCERNS. 

8 Section 8(m) of the Small Business Act (15 U.S.C. 

9 637(m)) is amended— 


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1 (1) in paragraph (2)— 

2 (A) by striking subparagraph (D); 

3 (B) by redesignating subparagraph (E) as 

4 subparagraph (D) respectively; and 

5 (C) by striking subparagraph (F), and in6 serting the following: 

7 ‘‘(E) each of the concerns— 

8 ‘‘(i) is certified by a Federal agency, 

9 a State government, or a national certi10 fying entity approved by the Adminis11 trator, as a small business concern owned 

12 and controlled by women; or 

13 ‘‘(ii) is certified by the Administrator 

14 as a small business concern owned and 

15 controlled by women.’’; 

16 (2) in paragraph (3), by striking ‘‘subpara17 graph (2)(A)’’ inserting the following: ‘‘paragraph 

18 (2)(A) or paragraph (7)(A)’’; 

19 (3) in paragraph (5) by striking ‘‘under para20 graph (2)(F)’’ each place it appears and inserting 

21 ‘‘under paragraph (2)(E)’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(7) SOLE SOURCE CONTRACTS FOR ECONOMI24 CALLY DISADVANTAGED WOMEN-OWNED SMALL

25 BUSINESSES.—In accordance with this section, a 


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1 contracting officer may award a sole source contract 

2 to any small business concern meeting the require3 ments of section 8(m)(2)(A) of this Act if— 

4 ‘‘(A) such concern is determined to be a 

5 responsible contract with respect to perform6 ance of such contract opportunity and the con7 tracting officer does not have a reasonable ex8 pectation that 2 or more businesses meeting the 

9 requirements of section 8(m)(2)(A) will submit 

10 offers; 

11 ‘‘(B) the anticipated award price of the 

12 contract (including options) will not exceed— 

13 ‘‘(i) $6,500,000 in the case of a con14 tract opportunity assigned a standard in15 dustrial code for manufacturing; or 

16 ‘‘(ii) $4,000,000 in the case of any 

17 other contract opportunity; and 

18 ‘‘(C) in the estimation of the contracting 

19 officer, the contract award can be made at a 

20 fair and reasonable price. 

21 ‘‘(8) SOLE SOURCE CONTRACTS FOR WOMEN22 OWNED SMALL BUSINESSES IN SUBSTANTIALLY

23 UNDERREPRESENTED INDUSTRIES.—In accordance 

24 with this section, a contracting officer may award a 

25 sole source contract to any small business concerns 


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1 meeting the requirements of section 8(m)(3) of this 

2 Act if— 

3 ‘‘(A) such concern is determined to be a 

4 responsible contract with respect to perform5 ance of such contract opportunity and the con6 tracting officer does not have a reasonable ex7 pectation that 2 or more businesses meeting the 

8 requirements of section 8(m)(3) will submit of9 fers; 

10 ‘‘(B) the anticipated award price of the 

11 contract (including options) will not exceed— 

12 ‘‘(i) $6,500,000 in the case of a con13 tract opportunity assigned a standard in14 dustrial code for manufacturing; or 

15 ‘‘(ii) $4,000,000 in the case of any 

16 other contract opportunity; and 

17 ‘‘(C) in the estimation of the contracting 

18 officer, the contract award can be made at a 

19 fair and reasonable price.’’. 

Æ 


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