[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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