Presidential Documents

34035

Federal Register

Vol. 65, No. 102

Thursday, May 25, 2000

Title 3—

The President

Executive Order 13157 of May 23, 2000

Increasing Opportunities for Women-Owned Small Businesses

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including the Small Business Act,

15 U.S.C. 631, et seq., section 7106 of the Federal Acquisition Streamlining

Act of 1994 (Public Law 103–355), and the Office of Federal Procurement

Policy, 41 U.S.C. 403, et seq., and in order to strengthen the executive

branch’s commitment to increased opportunities for women-owned small

businesses, it is hereby ordered as follows:

Section 1. Executive Branch Policy. In order to reaffirm and strengthen

the statutory policy contained in the Small Business Act, 15 U.S.C. 644(g)(1),

it shall be the policy of the executive branch to take the steps necessary

to meet or exceed the 5 percent Government-wide goal for participation

in procurement by women-owned small businesses (WOSBs). Further, the

executive branch shall implement this policy by establishing a participation

goal for WOSBs of not less than 5 percent of the total value of all prime

contract awards for each fiscal year and of not less than 5 percent of

the total value of all subcontract awards for each fiscal year.

Sec. 2. Responsibilities of Federal Departments and Agencies. Each department and agency (hereafter referred to collectively as ‘‘agency’’) that has

procurement authority shall develop a long-term comprehensive strategy

to expand opportunities for WOSBs. Where feasible and consistent with

the effective and efficient performance of its mission, each agency shall

establish a goal of achieving a participation rate for WOSBs of not less

than 5 percent of the total value of all prime contract awards for each

fiscal year and of not less than 5 percent of the total value of all subcontract

awards for each fiscal year. The agency’s plans shall include, where appropriate, methods and programs as set forth in section 4 of this order.

Sec. 3. Responsibilities of the Small Business Administration. The Small

Business Administration (SBA) shall establish an Assistant Administrator

for Women’s Procurement within the SBA’s Office of Government Contracting. This officer shall be responsible for:

(a) working with each agency to develop and implement policies to

achieve the participation goals for WOSBs for the executive branch

and individual agencies;

(b) advising agencies on how to implement strategies that will increase

the participation of WOSBs in Federal procurement;

(c) evaluating, on a semiannual basis, using the Federal Procurement

Data System (FPDS), the achievement of prime and subcontract

goals and actual prime and subcontract awards to WOSBs for each

agency;

(d) preparing a report, which shall be submitted by the Administrator

of the SBA to the President, through the Interagency Committee

on Women’s Business Enterprise and the Office of Federal Procurement Policy (OFPP), on findings based on the FPDS, regarding

prime contracts and subcontracts awarded to WOSBs;

(e) making recommendations and working with Federal agencies to expand participation rates for WOSBs, with a particular emphasis on

agencies in which the participation rate for these businesses is less

than 5 percent;

34036 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Presidential Documents

(f) providing a program of training and development seminars and

conferences to instruct women on how to participate in the SBA’s

8(a) program, the Small Disadvantaged Business (SDB) program, the

HUBZone program, and other small business contracting programs

for which they may be eligible;

(g) developing and implementing a single uniform Federal Government-wide website, which provides links to other websites within

the Federal system concerning acquisition, small businesses, and

women-owned businesses, and which provides current procurement

information for WOSBs and other small businesses;

(h) developing an interactive electronic commerce database that allows

small businesses to register their businesses and capabilities as potential contractors for Federal agencies, and enables contracting officers to identify and locate potential contractors; and

(i) working with existing women-owned business organizations, State

and local governments, and others in order to promote the sharing

of information and the development of more uniform State and

local standards for WOSBs that reduce the burden on these firms

in competing for procurement opportunities.

Sec. 4. Other Responsibilities of Federal Agencies. To the extent permitted

by law, each Federal agency shall work with the SBA to ensure maximum

participation of WOSBs in the procurement process by taking the following

steps:

(a) designating a senior acquisition official who will work with the

SBA to identify and promote contracting opportunities for WOSBs;

(b) requiring contracting officers, to the maximum extent practicable,

to include WOSBs in competitive acquisitions;

(c) prescribing procedures to ensure that acquisition planners, to the

maximum extent practicable, structure acquisitions to facilitate

competition by and among small businesses, HUBZone small businesses, SDBs, and WOSBs, and providing guidance on structuring

acquisitions, including, but not limited to, those expected to result

in multiple award contracts, in order to facilitate competition by

and among these groups;

(d) implementing mentor-protege programs, which include womenowned small business firms; and

(e) offering industry-wide as well as industry-specific outreach, training, and technical assistance programs for WOSBs including, where

appropriate, the use of Government acquisitions forecasts, in order

to assist WOSBs in developing their products, skills, business planning practices, and marketing techniques.

Sec. 5. Subcontracting Plans. The head of each Federal agency, or designated

representative, shall work closely with the SBA, OFPP, and others to develop

procedures to increase compliance by prime contractors with subcontracting

plans proposed under section 8(d) of the Small Business Act (15 U.S.C.

637(d)) or section 834 of Public Law 101–189, as amended (15 U.S.C. 637

note), including subcontracting plans involving WOSBs.

Sec. 6. Action Plans. If a Federal agency fails to meet its annual goals

in expanding contract opportunities for WOSBs, it shall work with the

SBA to develop an action plan to increase the likelihood that participation

goals will be met or exceeded in future years.

Sec. 7. Compliance. Independent agencies are requested to comply with

the provisions of this order.

Sec. 8. Consultation and Advice. In developing the long-term comprehensive

strategies required by section 2 of this order, Federal agencies shall consult

with, and seek information and advice from, State and local governments,

WOSBs, other private-sector partners, and other experts.

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Presidential Documents 34037

Sec. 9. Judicial Review. This order is for internal management purposes

for the Federal Government. It does not create any right or benefit, substantive

or procedural, enforceable at law or equity by a party against the United

States, its agencies, its officers, its employees, or any other person.

THE WHITE HOUSE,

May 23, 2000.

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[FR Doc. 00–13367

Filed 5–24–00; 8:45 am]

Billing code 3195–01–P