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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9510 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9510

  To make improvements to Federal contracting opportunities for small 
    business concerns owned and controlled by women, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2024

Ms. Velazquez introduced the following bill; which was referred to the 
Committee on Small Business, and in addition to the Committees on Armed 
 Services, Veterans' Affairs, and Oversight and Accountability, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
  To make improvements to Federal contracting opportunities for small 
    business concerns owned and controlled by women, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Generating Revenue 
Opportunities for Women-Owned Small Businesses Act of 2024''.
    (b) Table of Contents.--The table of content for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of women-owned indefinite delivery, indefinite 
                            quantity contracts.
Sec. 4. Exclusion of self-certified small business concerns owned and 
                            controlled by women from goals.
Sec. 5. Increase to Governmentwide goal for participation in Federal 
                            contracts by certain small business 
                            concerns.
Sec. 6. Training on increasing contract awards to small business 
                            concerns owned and controlled by women.
Sec. 7. Report from the Secretary of Defense.
Sec. 8. Report on use of sole source authority to award contracts to 
                            small business concerns owned and 
                            controlled by women.
Sec. 9. Waiver of justification and approval requirements.
Sec. 10. Elimination of unnecessary restrictions on awards to small 
                            business concerns owned and controlled by 
                            women.
Sec. 11. Requirements relating to agency procurement forecasts.
Sec. 12. List of small business concerns owned and controlled by women 
                            that have not been awarded a Federal 
                            contract.
Sec. 13. Best practices for increasing Federal contracting 
                            opportunities for small business concerns 
                            owned and controlled by women.
Sec. 14. Reports on use of set-aside authority to award contracts to 
                            small business concerns owned and 
                            controlled by women.
Sec. 15. Comptroller General survey of Offices of Small and 
                            Disadvantaged Business Utilization.
Sec. 16. Award program for small business concerns owned and controlled 
                            by women.
Sec. 17. Parity for contracting preferences for small business concerns 
                            owned and controlled by women.
Sec. 18. Technical amendments.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Small Business Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business Administration.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Small Business of the House of Representatives and the 
        Committee Small Business and Entrepreneurship of the Senate.
            (4) Small business concern.--The term ``small business 
        concern'' has the meaning given under section 3 of the Small 
        Business Act (15 U.S.C. 632).
            (5) Small business concern owned and controlled by women.--
        The term ``small business concern owned and controlled by 
        women'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).

SEC. 3. ESTABLISHMENT OF WOMEN-OWNED INDEFINITE DELIVERY, INDEFINITE 
              QUANTITY CONTRACTS.

    (a) Authority.--
            (1) In general.--The Administrator of the General Services 
        Administration may establish and administer an indefinite 
        delivery, indefinite quantity contract exclusively for small 
        business concerns owned and controlled by women.
            (2) Limitation.--The Administrator of the General Services 
        Administration may not use the authority under this section 
        until 90 days after the date of submission of the plan required 
        under subsection (c).
    (b) Exception.--The requirements of any regulation issued pursuant 
to section 865(b)(2) of the National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417) shall not apply to an indefinite 
delivery, indefinite quantity contact entered into under this section.
    (c) Plan.--
            (1) In general.--Not later than 270 days after the date of 
        the enactment of this Act, the Administrator of the General 
        Services Administration and the Administrator of the Small 
        Business Administration shall jointly develop an implementation 
        plan to establish and administer an indefinite delivery, 
        indefinite quantity contract described in subsection (a).
            (2) Elements.--The plan shall include the following:
                    (A) A detailed description of the steps necessary 
                to establish and administer the indefinite delivery, 
                indefinite quantity contract described in subsection 
                (a).
                    (B) A description of the purpose and scope of such 
                contract and the types of goods and services to be 
                acquired under such contract, including--
                            (i) the process for determining which 
                        offerors may be included in such contract; and
                            (ii) a review of available ways to 
                        structure and issue orders under such contract 
                        and how each way would provide the maximum 
                        benefit to small business concerns owned and 
                        controlled by women.
                    (C) The timelines necessary for the establishment 
                of such contract.
                    (D) The methods of soliciting and obtaining 
                feedback on the structure of such contract from 
                interested persons, including small business concerns 
                owned and controlled by women and interested persons 
                representing small business concerns owned and 
                controlled by women.
                    (E) The cost associated with managing and operating 
                such contract, and any fees, working capital funds, or 
                appropriations that are necessary for the establishment 
                and administration of such contract.
                    (F) The plans and strategies to maximize 
                participation of small business concerns owned and 
                controlled by women in such contract.
                    (G) The methods to measure the performance, 
                management, and outcomes associated with such contract.
                    (H) Any statutory or regulatory authorities 
                necessary to encourage additional Federal agency 
                participation in such contract and methods to obtain 
                such authorities.
                    (I) Any proposals or recommendations to ensure 
                maximum participation in Federal contracting 
                opportunities for small business concerns owned and 
                controlled by women that are not included in such 
                contract.
                    (J) The steps the Administrator of the Small 
                Business Administration should take to encourage use of 
                such contract by Federal agencies, including marketing 
                strategies and training for appropriate acquisition 
                personnel of such agencies.
                    (K) Proposals to change current laws, strategies, 
                business practices, policies, guidance, and regulations 
                to provide the Administrator of the General Services 
                Administration with the authorities to carry out the 
                implementation plan.
                    (L) Any additional relevant information, as 
                determined by the Administrator of the General Services 
                Administration or the Administrator of the Small 
                Business Administration.
    (d) Indefinite Delivery, Indefinite Quantity Contract Defined.--In 
this section, the term ``indefinite delivery, indefinite quantity 
contract'' means a contract with 2 or more sources pursuant to the same 
solicitation that is entered into by one or more heads of a Federal 
agency.

SEC. 4. EXCLUSION OF SELF-CERTIFIED SMALL BUSINESS CONCERNS OWNED AND 
              CONTROLLED BY WOMEN FROM GOALS.

    (a) Exclusion of Self-Certified WOSBs From Governmentwide and 
Agency Goals.--
            (1) In general.--Section 15(g) of the Small Business Act 
        (15 U.S.C. 644(g)) is amended by adding at the end the 
        following new paragraph:
            ``(4) Exclusion of self-certified wosbs from goals.--Only 
        small business concerns owned and controlled by women that have 
        been certified under section 8(m)(2)(E) shall be included in 
        calculating the goals established--
                    ``(A) under paragraph (1)(A)(v); and
                    ``(B) by the head of a Federal agency for small 
                business concerns owned and controlled by women under 
                paragraph (2).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the first day after the end of the second 
        fiscal year beginning after the Administrator issues the rules 
        required under subsection (b)(2).
    (b) Requirements Relating to Self-Certified WOSBs.--
            (1) Inclusion of certain self-certified wosbs in goals.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a small business concern described in 
                subparagraph (B) shall be deemed to have been certified 
                by the Administrator or a national certifying entity 
                approved by the Administrator under section 8(m) of the 
                Small Business Act (15 U.S.C. 637(m)) as a small 
                business concern owned and controlled by women under 
                paragraph (2)(E) of such section 8(m) (15 U.S.C. 
                637(m)(2)(E)) for the purposes of calculating the goals 
                described in paragraph (4) of section 15(g) of such Act 
                (as added by subsection (a) of this Act) until the 
                Administrator or such a national certifying entity make 
                a determination with respect to the certification of 
                such concern under section 8(m) of such Act.
                    (B) Small business concerns described.--A small 
                business concern described in this subparagraph is a 
                small business concern--
                            (i) that is self-certified as a small 
                        business concern owned and controlled by women 
                        on or before the date on which the amendments 
                        made by subsection (a) take effect;
                            (ii) that files a certification application 
                        with the Administrator or a national certifying 
                        entity approved by the Administrator under 
                        section 8(m) of the Small Business Act (15 
                        U.S.C. 637(m)) prior to such date; and
                            (iii) for which the Administrator or such a 
                        national certifying entity does not make a 
                        determination prior to such date regarding 
                        certification pursuant to such certification 
                        application.
            (2) Rulemaking.--Not later than one year after the date of 
        the enactment of this Act, the Administrator shall issue rules 
        to carry out this section. The Administrator shall notify the 
        Law Revision Counsel of the House of Representatives of such 
        issuance so that the Law Revision Counsel may execute the 
        amendment made by subsection (a) in accordance with such 
        subsection.
    (c) Quarterly Briefings Required.--Not later than 60 days after the 
date of the enactment of this section and on a quarterly basis 
thereafter until the date specified in subsection (b), the 
Administrator shall provide to the Committee on Small Business of the 
House of Representatives and the Committee Small Business and 
Entrepreneurship of the Senate a briefing on the implementation of the 
requirements of this section. Such briefings shall include--
            (1) the total number of small business concerns expected to 
        seek certification as a small business concern owned and 
        controlled by women;
            (2) the number of applications for certification pending 
        with the Administrator or a national certifying entity approved 
        by the Administrator under section 8(m) of the Small Business 
        Act (15 U.S.C. 637(m)) during the period covered by the 
        briefing;
            (3) the total number of applications approved by the 
        Administrator or such a national certifying entity since the 
        date of the enactment of this section;
            (4) the timelines associated with processing such 
        applications by the Administrator or such a national certifying 
        entity between submission and approval;
            (5) the administrative costs to the Administration to make 
        determinations on such applications and the estimated cost to 
        such applicant to seek certification from a national certifying 
        entity;
            (6) a discussion of the Administrator's current and future 
        outreach efforts to small business concerns owned and 
        controlled by women and to Federal agencies on the requirements 
        of this section; and
            (7) recommendations for additional legislative authority or 
        resources required to fully implement the requirements of this 
        section.

SEC. 5. INCREASE TO GOVERNMENTWIDE GOAL FOR PARTICIPATION IN FEDERAL 
              CONTRACTS BY CERTAIN SMALL BUSINESS CONCERNS.

    (a) Goals for Small Business Concerns Owned and Controlled by 
Women.--Section 15(g)(1)(A)(v) of the Small Business Act (15 U.S.C. 
644(g)(1)(A)(v)) is amended by striking ``5 percent'' and inserting ``7 
percent''.
    (b) Conforming Adjustment.--Section 15(g)(1)(A)(i) of the Small 
Business Act (15 U.S.C. 644(g)(1)(A)(i)) is amended by striking ``23 
percent'' and inserting ``25 percent''.

SEC. 6. TRAINING ON INCREASING CONTRACT AWARDS TO SMALL BUSINESS 
              CONCERNS OWNED AND CONTROLLED BY WOMEN.

    Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is 
amended by adding at the end the following new paragraph:
            ``(9) Training on increasing contract awards to small 
        business concerns owned and controlled by women.--
                    ``(A) In general.--The Administrator shall provide 
                training to acquisition personnel at each Federal 
                agency that has not met the goal established under 
                section 15(g)(1)(A)(v) on how to increase the number of 
                contracts awarded to small business concerns owned and 
                controlled by women.
                    ``(B) Guidance.--Not later than 180 days after the 
                date of the enactment of this paragraph, the 
                Administrator shall issue guidance and best practices 
                on increasing the number of contracts awarded to small 
                businesses owned and controlled by women to Federal 
                agencies to which such goal applies. Such guidance 
                shall include--
                            ``(i) the list of industries identified 
                        under paragraph (4) and any changes to such 
                        list;
                            ``(ii) the procedures to follow when using 
                        or deciding to use the authority under 
                        paragraph (2), (7), or (8);
                            ``(iii) best practices to identify 
                        requirements for which the authority under 
                        paragraph (2), (7), or (8) may be used;
                            ``(iv) best practices in market research to 
                        identify small businesses owned and controlled 
                        by women included on the list described in 
                        clause (i);
                            ``(v) effective procurement methods to 
                        maximize use of the authority under this 
                        paragraph; and
                            ``(vi) other relevant information, as 
                        determined by the Administrator.''.

SEC. 7. REPORT FROM THE SECRETARY OF DEFENSE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall provide to the appropriate 
congressional committees and the Armed Services Committees of the House 
of Representatives and the Senate a report that includes the following 
with respect to section 8(m) of the Small Business Act (15 U.S.C. 
637(m)), as in effect on the day before the date of the enactment of 
this Act:
            (1) A summary of the training and education requirements 
        for members of the acquisition workforce (as defined in section 
        101 of title 10, United States Code) relating to the award of 
        contracts to small business concerns owned and controlled by 
        women under the authority of paragraph (2), (7), or (8) of such 
        section 8(m).
            (2) A discussion of the training opportunities made 
        available to members of the acquisition workforce by each 
        element of the Department of Defense (as described in section 
        111 of such title ) relating to the award of contracts to small 
        business concerns owned and controlled by women under the 
        authority of paragraph (2), (7), or (8) of such section 8(m).
            (3) Of the training opportunities described in paragraph 
        (2), a description of those funded from amounts in the 
        Department of Defense Acquisition Workforce Development Account 
        (established under section 1705 of title 10, United States 
        Code).
            (4) An analysis of the effect on the training opportunities 
        described in paragraph (2) on the use of the authority under 
        paragraphs (2), (7), and (8) of such section 8(m).
            (5) Recommendations for changes or additions to the 
        training and education requirements described in paragraph (1) 
        and training opportunities described in paragraph (2) that 
        would increase the number of contracts awarded to small 
        business concerns owned and controlled by women under the 
        authority of paragraphs (2), (7), and (8) of such section 8(m).

SEC. 8. REPORT ON USE OF SOLE SOURCE AUTHORITY TO AWARD CONTRACTS TO 
              SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator shall submit to the appropriate congressional 
committees a report on the procedures and requirements of each Federal 
agency when awarding a prime contract under the authority of paragraph 
(7) or (8) of section 8(m) of the Small Business Act (15 U.S.C. 637(m)) 
to a small business concern owned and controlled by women. Such report 
shall include--
            (1) a summary of the procedures required to obtain approval 
        for solicitation and award of such contracts;
            (2) a list of each of the required approvals, and the 
        official with the authority to grant each such approval, for 
        such contracts; and
            (3) recommendations to streamline the procedures and 
        approval requirements that would increase the use of the 
        authority of paragraph (7) or (8) of section 8(m) of the Small 
        Business Act (15 U.S.C. 637(m)) to award contracts to small 
        business concerns owned and controlled by women.

SEC. 9. WAIVER OF JUSTIFICATION AND APPROVAL REQUIREMENTS.

    (a) Defense Contracts.--Section 3204(e) of title 10, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``paragraphs (3), (4), 
        and (7),'' and inserting ``paragraphs (3), (4), (7), and (8)''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(8) Justification and approval not required for awards to 
        certain small business concerns owned and controlled by 
        women.--The justification and approval required by paragraph 
        (1) is not required in the case of a sole source contract 
        awarded to a small business concern owned and controlled by 
        women if the proposed value of such contract does not exceed 
        the dollar threshold under section 8(m)(7).''.
    (b) Other Contracts.--Section 3304(e)(4) of title 41, United States 
Code, is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(E) the procurement is a sole source contract awarded to 
        a small business concern owned and controlled by women if the 
        proposed value of such contract does not exceed the dollar 
        threshold under section 8(m)(7).''.

SEC. 10. ELIMINATION OF UNNECESSARY RESTRICTIONS ON AWARDS TO SMALL 
              BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN.

    Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is 
amended--
            (1) in paragraph (7)(A), by striking ``and the contracting 
        officer'' and all that follows through ``offers''; and
            (2) in paragraph (8)(A), by striking ``and the contracting 
        officer'' and all that follows through ``offers''.

SEC. 11. REQUIREMENTS RELATING TO AGENCY PROCUREMENT FORECASTS.

    Section 8(a)(12)(C) of the Small Business Act (15 U.S.C. 
637(a)(12)(C)) is amended by adding at the end the following new 
clause:
                            ``(v) The individual contract opportunities 
                        in industries identified by the Administrator 
                        under subsection (m)(4) in which small business 
                        concerns owned and controlled by women are 
                        underrepresented with respect to Federal 
                        procurement contracting.''.

SEC. 12. LIST OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN 
              THAT HAVE NOT BEEN AWARDED A FEDERAL CONTRACT.

    Not later than one year after the date of the enactment of this 
Act, the Administrator shall submit to the head of each Office of Small 
and Disadvantaged Business Utilization (established pursuant to section 
15(k) of the Small Business Act (15 U.S.C. 644(k))) a list of small 
business concerns owned and controlled by women--
            (1) that have a record of past performance; and
            (2) that have not been awarded a contract under section 
        8(m) of the Small Business Act (15 U.S.C. 637(m)).

SEC. 13. BEST PRACTICES FOR INCREASING FEDERAL CONTRACTING 
              OPPORTUNITIES FOR SMALL BUSINESS CONCERNS OWNED AND 
              CONTROLLED BY WOMEN.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Administrator shall convene not less than 
two events for the purpose of sharing information on best practices for 
increasing Federal contracting opportunities for small business 
concerns owned and controlled by women.
    (b) Requirements.--At least one of the events convened pursuant to 
subsection (a) shall include Administration officials presenting such 
information to interested parties and at least one of such events shall 
include interested parties presenting such information to Federal 
contracting officers.

SEC. 14. REPORTS ON USE OF SET-ASIDE AUTHORITY TO AWARD CONTRACTS TO 
              SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN.

    (a) Report Required.--During the covered period, the Administrator 
of the Small Business Administration shall annually submit to the 
appropriate congressional committees, at the same time as the 
submission of the scorecard required by section 15(y) of the Small 
Business Act (15 U.S.C. 644(y)), a report on--
            (1) the total number of prime contract awards to small 
        business concerns owned and controlled by women made under the 
        authority of paragraph (2) of section 8(m) of such Act (15 
        U.S.C. 637(m)) during the covered period;
            (2) the number of such prime contracts awarded that were 
        for goods or services previously provided or performed by small 
        business concerns owned and controlled by women pursuant to a 
        contract awarded under the authority of such paragraph (2) of 
        section 8(m); and
            (3) the number of prime contracts awarded that were for 
        goods or services not previously provided or performed by small 
        business concerns owned and controlled by women pursuant to a 
        contract awarded under the authority of such paragraph (2) of 
        section 8(m).
    (b) Covered Period Defined.--In this section, the term ``covered 
period'' means the period beginning with the first fiscal year that 
begins after the date of the enactment of this Act and ending on the 
date that is five years after that date of enactment.

SEC. 15. COMPTROLLER GENERAL SURVEY OF OFFICES OF SMALL AND 
              DISADVANTAGED BUSINESS UTILIZATION.

    (a) Survey Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a survey of each Office of Small and Disadvantaged 
Business Utilization (established pursuant to section 15(k) of the 
Small Business Act (15 U.S.C. 644(k))) relating to challenges to the 
use of contracting authorities for small business concerns owned and 
controlled by women and recommendations to facilitate great use of such 
authorities.
    (b) Report Required.--Not later than 90 days after the date of 
completion of the survey required under subsection (a), the Comptroller 
General shall submit to the appropriate congressional committees a 
report that includes recommendations to increase Federal contracting 
opportunities for small business concerns owned and controlled by 
women.

SEC. 16. AWARD PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED 
              BY WOMEN.

    Not later than one year after the date of the enactment of this 
Act, the Administrator shall establish an annual awards program to 
recognize any Federal agency employees who have made notable 
contributions to the Federal contracting program established under 
section 8(m) of the Small Business Act (15 U.S.C. 637(m)). The criteria 
for such award shall include the following:
            (1) Demonstrated success in using contracting authorities 
        under such section 8(m) in a manner in which provided new or 
        additional Federal contracting opportunities for small business 
        concerns owned and controlled by women.
            (2) The use of practices that resulted in successfully 
        awarding contracts to small business concerns owned and 
        controlled by women using the authority under paragraph (2), 
        (7), or (8) of such section 8(m).
            (3) Such other criteria, as determined by the 
        Administrator.

SEC. 17. PARITY FOR CONTRACTING PREFERENCES FOR SMALL BUSINESS CONCERNS 
              OWNED AND CONTROLLED BY WOMEN.

    Section 8127 of title 38, United States Code, is amended--
            (1) in subsection (h)(3)--
                    (A) in subparagraph (A), by striking ``or'';
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) section 8(m) of such Act (15 U.S.C. 
                637(m)).'';
            (2) in subsection (j)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Congress'' and inserting ``appropriate 
                congressional committees'';
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (5) and (6), respectively; and
                    (C) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) The percentage of and total dollar amount of all 
        contracts awarded by the Department to small business concerns 
        owned and controlled by veterans that are also small business 
        concerns owned and controlled by women.
            ``(4) The percentage of and total dollar amount of all 
        contracts awarded by the Department to small business concerns 
        owned and controlled by veterans with service-connected 
        disabilities that are also small business concerns owned and 
        controlled by women.''; and
            (3) in subsection (m), by adding at the end the following 
        new paragraphs:
            ``(5) The term `small business concern owned and controlled 
        by women' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
            ``(6) The term `appropriate congressional committees' 
        means--
                    ``(A) the Committees on Small Business and 
                Veterans' Affairs of the House of Representatives; and
                    ``(B) the Committees on Small Business and 
                Entrepreneurship and Veterans' Affairs of the 
                Senate.''.

SEC. 18. TECHNICAL AMENDMENTS.

    Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is 
amended--
            (1) in paragraph (2)(C), by striking ``paragraph (3)'' and 
        inserting ``paragraph (4)''; and
            (2) in paragraph (8), by striking ``paragraph (3)'' and 
        inserting ``paragraph (4)''.
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