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Union Calendar No. 535 

112TH CONGRESS 

2D SESSION H. R. 4203 

[Report No. 112–732] 

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 

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 


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A BILL 

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


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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— 

10 (1) in paragraph (2)— 

11 (A) by striking subparagraph (D); 

12 (B) by redesignating subparagraph (E) as 

13 subparagraph (D) respectively; and 

14 (C) by striking subparagraph (F), and in15 serting the following: 

16 ‘‘(E) each of the concerns— 

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

18 a State government, or a national certi19 fying entity approved by the Adminis20 trator, as a small business concern owned 

21 and controlled by women; or 

22 ‘‘(ii) is certified by the Administrator 

23 as a small business concern owned and 

24 controlled by women.’’; 


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1 (2) in paragraph (3), by striking ‘‘subpara2 graph (2)(A)’’ inserting the following: ‘‘paragraph 

3 (2)(A) or paragraph (7)(A)’’; 

4 (3) in paragraph (5) by striking ‘‘under para5 graph (2)(F)’’ each place it appears and inserting 

6 ‘‘under paragraph (2)(E)’’; and 

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

8 ‘‘(7) SOLE SOURCE CONTRACTS FOR ECONOMI9 CALLY DISADVANTAGED WOMEN-OWNED SMALL

10 BUSINESSES.—In accordance with this section, a 

11 contracting officer may award a sole source contract 

12 to any small business concern meeting the require13 ments of section 8(m)(2)(A) of this Act if— 

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

15 responsible contract with respect to perform16 ance of such contract opportunity and the con17 tracting officer does not have a reasonable ex18 pectation that 2 or more businesses meeting the 

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

20 offers; 

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

22 contract (including options) will not exceed— 

23 ‘‘(i) $6,500,000 in the case of a con24 tract opportunity assigned a standard in25 dustrial code for manufacturing; or 


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

2 other contract opportunity; and 

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

4 officer, the contract award can be made at a 

5 fair and reasonable price. 

6 ‘‘(8) SOLE SOURCE CONTRACTS FOR WOMEN7 OWNED SMALL BUSINESSES IN SUBSTANTIALLY

8 UNDERREPRESENTED INDUSTRIES.—In accordance 

9 with this section, a contracting officer may award a 

10 sole source contract to any small business concerns 

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

12 Act if— 

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

14 responsible contract with respect to perform15 ance of such contract opportunity and the con16 tracting officer does not have a reasonable ex17 pectation that 2 or more businesses meeting the 

18 requirements of section 8(m)(3) will submit of19 fers; 

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

21 contract (including options) will not exceed— 

22 ‘‘(i) $6,500,000 in the case of a con23 tract opportunity assigned a standard in24 dustrial code for manufacturing; or 


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

2 other contract opportunity; and 

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

4 officer, the contract award can be made at a 

5 fair and reasonable price.’’. 


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rfrederick on DSK6VPTVN1PROD with 
Union Calendar No. 535 

112TH CONGRESS 

2D SESSION H. R. 4203 

[Report No. 112–732] 

A BILL 

To amend the Small Business Act with respect to 

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

DECEMBER 27, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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