Act

Attachment 1
Small Business Act 15 U.S.C. § 637(m)
(m) Procurement program for women-owned small business concerns.
(1) Definitions. In this subsection, the following 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)) [41
USCS § 2101(1)].
(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)
[15 USCS § 632(n)], except that ownership shall be determined without regard to any
community property law.
(2) Authority to restrict competition. In accordance with this subsection, a contracting officer 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-(A) each of the concerns is not less than 51 percent owned by one or more women who are
economically disadvantaged (and such ownership is determined without regard to any
community property law);
(B) the contracting officer has a reasonable expectation that two 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) in the estimation of the contracting officer, the contract award can be made at a fair
and reasonable price; and
(E) each of the concerns is certified by a Federal agency, a State government, the
Administrator, or a national certifying entity approved by the Administrator as a small
business concern owned and controlled by women.
(F) [Redesignated]
(3) Waiver. With respect to a small business 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
underrepresented.
(4) Identification of industries. The Administrator shall conduct a study to identify industries in
which small business concerns owned and controlled by women are underrepresented with respect
to Federal procurement contracting.
(5) Enforcement; penalties.
(A) Verification of eligibility. In carrying out this subsection, the Administrator shall
establish procedures relating to-(i) the filing, investigation, and disposition by the Administration of any challenge
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 provided to the Administration by a
small business concern under paragraph (2)(E)); and
(ii) verification by the Administrator of the accuracy of any certification made or
information provided to the Administration by a small business concern under
paragraph (2)(E).
(B) Examinations. The procedures established under subparagraph (A) may provide for
program examinations (including random program examinations) by the Administrator of
any small business concern making a certification or providing information to the
Administrator under paragraph (2)(E).
(C) Penalties. In addition to the penalties described in section 16(d) [15 USCS § 645(d)],
any small business concern that is determined by the Administrator 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 department
or agency shall promptly provide to the Administrator such information as the Administrator
determines to be necessary to carry out this subsection.
(7) Authority for sole source contracts for economically disadvantaged small business concerns
owned and controlled by women. A contracting officer may award a sole source contract under
this subsection to any small business concern owned and controlled by women described in
paragraph (2)(A) and certified under paragraph (2)(E) if-(A) such concern is determined to be a responsible contractor with respect to performance
of the contract opportunity and the contracting officer does not have a reasonable
expectation that 2 or more businesses described in paragraph (2)(A) will submit offers;
(B) the anticipated award price of the contract (including options) will not exceed-(i) $ 6,500,000, in the case of a contract opportunity assigned a standard industrial
classification code for manufacturing; or
(ii) $ 4,000,000, in the case of any other contract opportunity; and
(C) in the estimation of the contracting officer, the contract award can be made at a fair
and reasonable price.
(8) Authority for sole source contracts for small business concerns owned and controlled by
women in substantially underrepresented industries. A contracting officer may award a sole source
contract under this subsection to any small business concern owned and controlled by women
certified under paragraph (2)(E) that is in an industry in which small business concerns owned and
controlled by women are substantially underrepresented (as determined by the Administrator
under paragraph (3)) if-(A) such concern is determined to be a responsible contractor with respect to performance
of the contract opportunity and the contracting officer does not have a reasonable
expectation that 2 or more businesses in an industry that has received a waiver under
paragraph (3) will submit offers;
(B) the anticipated award price of the contract (including options) will not exceed-(i) $ 6,500,000, in the case of a contract opportunity assigned a standard industrial

classification code for manufacturing; or
(ii) $ 4,000,000, in the case of any other contract opportunity; and
(C) in the estimation of the contracting officer, the contract award can be made at a fair
and reasonable price.