Overview

Title

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

ELI5 AI

H.R. 9510 wants to make it easier for small businesses owned by women to get work from the government by making special rules just for them, like giving them more chances to get contracts and helping them understand how to get these contracts. It also tries to help these businesses by changing some rules to make it fairer and less confusing for everyone.

Summary AI

H.R. 9510, titled the "Generating Revenue Opportunities for Women-Owned Small Businesses Act of 2024," aims to improve federal contracting opportunities for small businesses owned and controlled by women. The bill proposes establishing exclusive contracts for these businesses, increasing government-wide participation goals, and providing training to federal agencies on awarding contracts to women-owned businesses. It also includes requirements for reports on the use of contracting authorities and suggests eliminating some existing restrictions to facilitate better access for women-owned businesses.

Published

2024-09-09
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-09
Package ID: BILLS-118hr9510ih

Bill Statistics

Size

Sections:
18
Words:
5,028
Pages:
25
Sentences:
109

Language

Nouns: 1,472
Verbs: 431
Adjectives: 289
Adverbs: 31
Numbers: 279
Entities: 258

Complexity

Average Token Length:
4.36
Average Sentence Length:
46.13
Token Entropy:
5.09
Readability (ARI):
25.66

AnalysisAI

The proposed legislation is titled the “Generating Revenue Opportunities for Women-Owned Small Businesses Act of 2024.” This bill aims to enhance federal contracting opportunities for small businesses owned and controlled by women. By introducing several modifications to existing regulations and practices, the bill seeks to increase the participation of these businesses in federal contracts, establish exclusive contract categories, and ensure additional training and resources are available to help achieve these goals.

General Summary of the Bill

The legislation is designed to make concrete improvements to the way women-owned small businesses (WOSBs) access federal contracting opportunities. It covers various mechanisms, including the establishment of indefinite delivery, indefinite quantity contracts specifically for WOSBs, and increases government-wide contract participation goals from 5% to 7% for such businesses. The bill mandates training for federal agencies on boosting contract awards to WOSBs and proposes reports and surveys to analyze the effectiveness of these initiatives. Additionally, it suggests removing specific restrictions and reducing bureaucratic hurdles, aiming to streamline the contract awarding process.

Significant Issues

Certification Challenges

One core issue is the exclusion of self-certified WOSBs from federal goals until formal certification is obtained. Although this move is aimed at ensuring that only genuinely qualified businesses are included, it might disproportionately affect businesses unable to undergo or afford the certification process, potentially hindering their competitive edge in federal contracts.

Waiver of Justification Requirements

The bill proposes waiving justification and approval requirements for certain sole-source contracts awarded to WOSBs. While this might speed up the contracting process, it could also lead to favoritism or reduced competition, possibly resulting in inefficiencies or higher costs.

Ambiguity and Clarity Concerns

Several sections of the bill contain vague language or lack clear definitions, particularly concerning the identification of appropriate congressional committees and the criteria for awards and contract goals. This ambiguity may create hurdles in implementation and oversight.

Potential Exclusionary Practices

The establishment of exclusive contract categories for WOSBs might raise concerns about favoritism or the exclusion of other small businesses, especially those not owned by women. Balancing inclusivity while targeting assistance to a specific group is a nuanced challenge addressed by the bill.

Impact on the Public

The bill is likely to positively impact women entrepreneurs by providing more substantial and targeted opportunities in the federal contracting domain. By setting higher participation goals and creating exclusive contract categories, the bill aims to level the playing field and promote gender equity in business.

However, concerns linger about the potential for reduced competition, which might increase costs for government contracts that ultimately burden taxpayers. The bill’s specific support for WOSBs might sideline other small businesses, potentially leading to perceptions of inequity.

Impact on Stakeholders

Women-Owned Small Businesses

For WOSBs, the bill offers increased opportunities and support. These businesses stand to gain from dedicated contracting avenues and potentially large-scale opportunities previously unavailable.

Federal Agencies

Federal agencies are tasked with implementing and managing this new framework. The bill might require significant administrative effort and resources, particularly for training and adjusting procurement practices.

Other Small Businesses

Non-WOSBs might feel excluded due to the bill's exclusive focus on WOSBs. Ensuring these businesses still have fair access to federal contracts will be crucial to maintaining overall equity in government procurement.

Lawmakers and Oversight Bodies

The legislative and oversight bodies will have a crucial role in monitoring the bill’s implementation. Ensuring transparency, accountability, and fairness will be key to safeguarding the bill's integrity and achieving its intended outcomes.

In sum, the “Generating Revenue Opportunities for Women-Owned Small Businesses Act of 2024” is a comprehensive attempt to enhance federal contracting opportunities for women-owned enterprises. While promising increased inclusion and business development for these groups, it must be carefully examined and implemented to prevent potential pitfalls that could detract from its intended goals.

Financial Assessment

The proposed bill titled the "Generating Revenue Opportunities for Women-Owned Small Businesses Act of 2024" introduces several key financial references and allocations that impact how federal contracting is structured for women-owned small businesses. This bill reflects an effort to not only strengthen the representation of these businesses in federal contracts but also to adjust financial processes and goals accordingly.

Sole Source Contracting and Justification Waivers

One of the financial elements discussed in the bill (Section 9) is the waiver of justification and approval requirements for certain sole source contracts awarded to women-owned small businesses. Essentially, it allows contracts to be awarded without the usual justifications if they fall below a certain dollar threshold. This attempts to streamline processes, but as noted in the issues, such waivers could lead to concerns about favoritism or a lack of healthy competition, potentially resulting in higher contract costs or inefficient use of resources. While the intent is to ease barriers for women-owned businesses, it necessitates careful oversight to avoid negative fiscal impacts.

Changes in Participation Goals

The bill (Section 5) discusses increasing the government-wide goal for contract participation by women-owned businesses from 5% to 7%. On the surface, this shift aims to expand opportunities and direct more federal spending toward these enterprises. However, achieving these targets might strain existing resources, especially for those businesses still undergoing the certification process. This may inadvertently create a financial bottleneck where more contracts are allocated to a relatively limited pool of certified businesses, potentially impacting their competitive capability.

Contracting Preferences and Financial Definition

In Section 17, the bill amends contracting preferences to ensure parity, which may influence how funds are distributed across various categories of small businesses. The importance of percentages and dollar amounts outlined concerning women-owned businesses not only shapes financial expectations but also dictates the flow of government expenditure within the sector.

Undefined Financial Guidelines and Challenges

The overarching theme of the bill’s financial references leans on simplifying access to contracts and funds for women-owned businesses. However, without clear guidelines on the removal of "unnecessary restrictions" (Section 10) or exact definitions within the award program (Section 16), there are concerns about potential loopholes or inconsistencies, which might cloud fiscal accountability. This lack of guidance could lead to challenges in ensuring money is spent efficiently and equitably, as regulations on how funds are allocated and justified remain loosely defined.

Conclusion

In conclusion, while the bill aims to improve fiscal conditions for women-owned businesses, the implications of its financial provisions are multifaceted. The emphasis on increasing contract opportunities without precise oversight mechanisms raises concerns about fiscal responsibility. Additionally, the potential administrative costs and resource requirements for certification processes, as the bill becomes operational, underscore the need for careful implementation of these financial strategies to ensure they meet their intended goals without unintended detriment.

Issues

  • The exclusion of self-certified small business concerns owned and controlled by women from federal contract participation goals until they receive formal certification (Section 4) may disadvantage businesses that are genuinely women-owned, potentially leading to an unfair bias and hindering their competitive opportunities.

  • The waiver of justification and approval requirements for sole source contracts for women-owned small businesses (Section 9) could lead to favoritism or a lack of competition, potentially resulting in higher contract costs or wasteful spending.

  • The lack of clear definitions and criteria in the award program and other sections (Sections 16 and 13) for small business concerns owned and controlled by women may create ambiguity and inconsistency, undermining fairness and transparency in evaluating and awarding contracts.

  • The increase in the government-wide goal for participation by women-owned small businesses from 5% to 7% (Section 5) is significant but could strain resources and readiness of businesses not yet certified, potentially affecting their competitive capability.

  • Issues with unclear or vague language, particularly regarding 'appropriate congressional committees' and other legal references (Sections 4, 7, and 14), may impede understanding and implementation, leading to confusion about responsibilities and oversight.

  • The requirement for small businesses to navigate a complex certification process without additional resources or support (Section 4) could pose significant barriers for these entities, especially smaller or resource-limited businesses.

  • The potential elimination of 'unnecessary restrictions' without clear guidelines (Section 10) could inadvertently create loopholes or reduce oversight in awarding contracts, raising concerns about accountability.

  • The bill establishes exclusive contracts for women-owned small businesses (Section 3), which may raise concerns about favoritism or exclusion of other small business groups, potentially affecting perceived fairness in federal contracting.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

This section of the bill introduces the "Generating Revenue Opportunities for Women-Owned Small Businesses Act of 2024" and provides a detailed list of its contents. The Act aims to establish contracts and programs that support small businesses owned and controlled by women, increase their participation in federal contracts, and promote training, reports, and surveys to enhance opportunities for women-owned businesses.

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for terms used in the Act, including "Administration" as the Small Business Administration, "Administrator" as its leader, "appropriate congressional committees" as specific House and Senate committees, and definitions for "small business concern" and "small business concern owned and controlled by women," both referencing the Small Business Act.

3. Establishment of women-owned indefinite delivery, indefinite quantity contracts Read Opens in new tab

Summary AI

The section allows the General Services Administration to create contracts that specifically benefit small businesses owned by women, detailing a plan that includes strategies to maximize their participation and ways to measure success. The plan also describes the necessary steps, costs, and timelines for these contracts and includes feedback methods to ensure these businesses have beneficial opportunities within federal contracting.

4. Exclusion of self-certified small business concerns owned and controlled by women from goals Read Opens in new tab

Summary AI

The section amends the Small Business Act to exclude self-certified women-owned small businesses from federal and agency goals unless they have been officially certified, while also establishing rules and quarterly briefings for the implementation process.

5. Increase to Governmentwide goal for participation in Federal contracts by certain small business concerns Read Opens in new tab

Summary AI

Congress is proposing changes to the Small Business Act to increase the goals for federal contracting with certain small businesses. They want to raise the target for contracts with businesses owned by women from 5% to 7% and the overall small business contract goal from 23% to 25%.

6. Training on increasing contract awards to small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The Small Business Act has been updated to require the Administrator to provide training for federal agency staff on increasing contract awards to women-owned small businesses. Additionally, within 180 days, the Administrator must offer guidance and best practices to help agencies achieve this goal, covering industries involved, procedural usage, market research, procurement methods, and other necessary details.

7. Report from the Secretary of Defense Read Opens in new tab

Summary AI

The Secretary of Defense is required to submit a report within 180 days to certain congressional committees, detailing the training requirements and opportunities for Department of Defense personnel involved in awarding contracts to women-owned small businesses. This report must also include an analysis of the impact of these training opportunities on contract awards, as well as recommendations for improving training to increase the number of contracts awarded to these businesses.

8. Report on use of sole source authority to award contracts to small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The section requires the Administrator to submit a report to congressional committees within 90 days after the law is enacted. This report should detail the procedures and approvals needed by federal agencies to award contracts to small businesses owned by women, and also provide suggestions for making these processes simpler.

9. Waiver of justification and approval requirements Read Opens in new tab

Summary AI

This section describes amendments to U.S. law that remove the need for justification and approval when awarding certain defense and other contracts to small businesses owned and controlled by women, as long as the contract value is below a specific threshold.

Money References

  • (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).”. ---

10. Elimination of unnecessary restrictions on awards to small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The section amends the Small Business Act by removing certain restrictions on awarding contracts to small businesses owned and controlled by women, specifically deleting the requirement for the contracting officer in certain scenarios.

11. Requirements relating to agency procurement forecasts Read Opens in new tab

Summary AI

The Small Business Act has been updated to include a new rule that highlights contract opportunities in certain industries where women-owned small businesses are not well-represented in federal contracts. This amendment aims to ensure that these businesses have a fairer chance in federal procurement.

12. List of small business concerns owned and controlled by women that have not been awarded a Federal contract Read Opens in new tab

Summary AI

The Administrator needs to give each Office of Small and Disadvantaged Business Utilization a list of woman-owned small businesses that have a history of good performance but have not yet received a specific type of federal contract. This must be done within one year after the law is enacted.

13. Best practices for increasing Federal contracting opportunities for small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The section mandates that within a year of the Act's enactment, the Administrator must organize at least two events to discuss best practices for enhancing Federal contracting opportunities for small businesses owned and controlled by women. One event should have Administration officials share information with interested parties, and another should allow interested parties to present to Federal contracting officers.

14. Reports on use of set-aside authority to award contracts to small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The section requires the Small Business Administration to report annually for five years to Congress on how many government contracts were awarded to small businesses owned by women. The report should include the number of such contracts that involved goods or services already offered by these businesses and how many involved new goods or services.

15. Comptroller General survey of Offices of Small and Disadvantaged Business Utilization Read Opens in new tab

Summary AI

The Comptroller General must conduct a survey of each Office of Small and Disadvantaged Business Utilization within one year after the act's enactment to assess challenges women-owned small businesses face in contracting. A report with recommendations to enhance federal contracting opportunities for these businesses is due 90 days after the survey's completion.

16. Award program for small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The section outlines a program that must be established within a year to annually award Federal agency employees who significantly enhance contracting opportunities for small businesses owned by women. It specifies that success should be measured by factors such as effectively using contracting authorities and awarding contracts to these businesses, with additional criteria determined by the program administrator.

17. Parity for contracting preferences for small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The proposed changes to the United States Code aim to ensure that small businesses owned and controlled by women receive equal opportunities in contracting, especially when these businesses are also owned by veterans or veterans with service-connected disabilities. It also clarifies the meaning of "small business concern owned and controlled by women" and defines the term "appropriate congressional committees" as specific committees within both the House of Representatives and the Senate.

Money References

  • 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.”. ---

18. Technical amendments Read Opens in new tab

Summary AI

In Section 18, two technical changes are made to the Small Business Act. The references to "paragraph (3)" in two places are corrected to "paragraph (4)".