108
‘‘(i) data on the number, arranged by
industrial classification, of small business
concerns displaced as prime contractors as
a result of the award of bundled contracts
by Federal agencies; and
‘‘(ii) a description of the activities
with respect to previously bundled con-
tracts of each Federal agency during the
preceding year, including—
‘‘(I) data on the number and
total dollar amount of all contract re-
quirements that were bundled; and
‘‘(II) with respect to each bun-
dled contract, data or information
on—
‘‘(aa) the justification for
the bundling of contract require-
ments;
‘‘(bb) the cost savings real-
ized by bundling the contract re-
quirements over the life of the
contract;
‘‘(cc) the extent to which
maintaining the bundled status
of contract requirements is pro-
109
jected to result in continued cost
savings;
‘‘(dd) the extent to which
the bundling of contract require-
ments complied with the con-
tracting agency’s small business
subcontracting 
plan, 
including
the total dollar value awarded to
small business concerns as sub-
contractors and the total dollar
value previously awarded to small
business concerns as prime con-
tractors; and
‘‘(ee) the impact of the bun-
dling of contract requirements on
small business concerns unable to
compete as prime contractors for
the 
consolidated 
requirements
and on the industries of such
small business concerns, includ-
ing a description of any changes
to the proportion of any such in-
dustry that is composed of small
business concerns.’’.
110
SEC. 811. PROCUREMENT PROGRAM FOR WOMEN-OWNED
SMALL BUSINESS CONCERNS.
Section 8 of the Small Business Act (15 U.S.C. 637)
is amended by adding at the end the following:
‘‘(m) PROCUREMENT PROGRAM FOR WOMEN-OWNED
SMALL BUSINESS CONCERNS.—
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing 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 de-
termined without regard to any community
property law.
‘‘(2) AUTHORITY TO RESTRICT COMPETITION.—
In accordance with this subsection, a contracting of-
ficer 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—
111
‘‘(A) each of the concerns is not less than
51 percent owned by 1 or more women who are
economically disadvantaged (and such owner-
ship is determined without regard to any com-
munity property law);
‘‘(B) the contracting officer has a reason-
able 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 con-
tract 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—
112
‘‘(i) is certified by a Federal agency,
a State government, or a national certi-
fying entity approved by the Adminis-
trator, 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 ade-
quate documentation, in accordance with
standards established by the Administra-
tion, to support such certification.
‘‘(3) WAIVER.—With respect to a small busi-
ness 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 underrep-
resented.
‘‘(4) IDENTIFICATION
OF
INDUSTRIES.—The
Administrator shall conduct a study to identify in-
dustries in which small business concerns owned and
controlled by women are underrepresented with re-
spect to Federal procurement contracting.
‘‘(5) ENFORCEMENT; PENALTIES.—
113
‘‘(A) VERIFICATION
OF
ELIGIBILITY.—In
carrying out this subsection, the Administrator
shall establish procedures relating to—
‘‘(i) the filing, investigation, and dis-
position by the Administration of any chal-
lenge 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 pro-
vided 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 Administra-
tion by a small business concern under
paragraph (2)(F).
‘‘(B) EXAMINATIONS.—The procedures es-
tablished under subparagraph (A) may provide
for program examinations (including random
program examinations) by the Administrator of
any small business concern making a certifi-
cation or providing information to the Adminis-
trator under paragraph (2)(F).
114
‘‘(C) PENALTIES.—In addition to the pen-
alties described in section 16(d), any small busi-
ness concern that is determined by the Admin-
istrator 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 de-
partment or agency shall promptly provide to the
Administrator such information as the Adminis-
trator determines to be necessary to carry out this
subsection.’’.
Æ