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"retrieved": "2024-07-10T04:03:30.241288", "id": "R46322_4_2020-08-18", "formats": [ { "filename": "files/2020-08-18_R46322_350c11d878c6a9b51243d6c0ccb3c10151b6b1c9.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R46322/4", "sha1": "350c11d878c6a9b51243d6c0ccb3c10151b6b1c9" }, { "format": "HTML", "filename": "files/2020-08-18_R46322_350c11d878c6a9b51243d6c0ccb3c10151b6b1c9.html" } ], "date": "2020-08-18", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R46322", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 624378, "date": "2020-05-11", "retrieved": "2020-05-19T13:43:29.024160", "title": "SBA Women-Owned Small Business Federal Contracting Program", "summary": "The Small Business Administration\u2019s (SBA\u2019s) Women-Owned Small Business (WOSB) Federal Contracting Program is designed to provide greater access to federal contracting opportunities for WOSBs and economically disadvantaged women-owned small businesses (EDWOSBs). By doing so, the program aims to help federal agencies achieve their statutory goal of awarding 5% of their federal contracting dollars to WOSBs.\nUnder this program, federal contracting officers may set aside federal contracts (or orders) for WOSBs (including EDWOSBs) in industries in which the SBA determines WOSBs are substantially underrepresented in federal procurement and for EDWOSBs exclusively in industries in which the SBA determines WOSBs are underrepresented in federal procurement. The SBA has identified 364 six-digit North American Industry Classification System (NAICS) industry codes (out of 1,023) in which federal agencies may set aside federal contracts exclusively for WOSBs (including EDWOSBs) and 80 six-digit NAICS industry codes (out of 1,023) that may be set aside exclusively for EDWOSBs. \nFederal agencies may also award sole source contracts to WOSBs and EDWOSBs in eligible industries under the following conditions: the contracting officer does not have a reasonable expectation that offers would be received by two or more eligible WOSBs and EDWOSBs; the award can be made at a fair and reasonable price; and the anticipated total value of the contract, including any options, is below $4 million ($6.5 million for manufacturing contracts). \nTo participate in the program, WOSBs must\nbe a small business (as defined by the SBA);\nbe at least 51% unconditionally and directly owned and controlled by one or more women who are U.S. citizens; \nhave women manage day-to-day operations and make long-term decisions; and \nbe certified by a federal agency, a state government, the SBA, or a national certifying entity approved by the SBA.\nEDWOSBs must\nmeet all the requirements of the WOSB contracting program; \nbe owned and controlled by one or more women, each with a personal net worth less than $750,000;\nbe owned and controlled by one or more women, each with $350,000 or less in adjusted gross income averaged over the previous three years; and\nbe owned and controlled by one or more women, each having $6 million or less in personal assets (including business value and primary residence).\nThe WOSB program\u2019s legislative history is a bit more complicated than other small business contracting programs, primarily due to the distinctions between WOSBs and EDWOSBs and among underrepresented, substantially underrepresented, and other NAICS codes. These distinctions were designed to shield the WOSB program from legal challenges related to the heightened level of legal scrutiny applied to contracting preferences after the Supreme Court\u2019s decision in Adarand Constructors, Inc. v. Pena (1995), which involved contracting preferences for small disadvantaged businesses. The Court found in that case that all racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review. \nAn unintended consequence of these distinctions has been the SBA\u2019s difficulty in defining these terms, which contributed to a 10-year delay in the program\u2019s implementation and may help to explain why it has taken the SBA nearly six years to implement its own WOSB certification process as required by P.L. 113-291, the Carl Levin and Howard P. \u201cBuck\u201d McKeon National Defense Authorization Act for Fiscal Year 2015. That act also prohibited small businesses from self-certifying their eligibility for the WOSB program to ensure the program\u2019s contracts are awarded only to intended recipients. The SBA issued an Advance Notice of Proposed Rulemaking in the Federal Register on December 18, 2015, to solicit public comments on drafting a proposed rule to meet these requirements. The proposed rule was issued on May 14, 2019, and the final rule implementing the certification program and removing the self-certification option was issued on May 11, 2020. The final rule\u2019s effective date for the new WOSB certification process is October 15, 2020, nearly six years after these requirements were enacted on December 19, 2014.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R46322", "sha1": "3b604f165e72f1c8124a94735a87ac84b1c9a1b3", "filename": "files/20200511_R46322_3b604f165e72f1c8124a94735a87ac84b1c9a1b3.html", "images": { "/products/Getimages/?directory=R/html/R46322_files&id=/0.png": "files/20200511_R46322_images_d786c3e74cc65d3f11ccc83874993e3edae21133.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R46322", "sha1": "c1778fcca70b5582415cb02cd5a636b2d08ab46a", "filename": "files/20200511_R46322_c1778fcca70b5582415cb02cd5a636b2d08ab46a.pdf", "images": {} } ], "topics": [] }, { "source": "EveryCRSReport.com", "id": 622853, "date": "2020-04-23", "retrieved": "2020-04-23T22:20:55.046050", "title": "SBA Women-Owned Small Business Federal Contracting Program", "summary": "The Small Business Administration\u2019s (SBA\u2019s) Women-Owned Small Business (WOSB) Federal Contracting Program is designed to provide greater access to federal contracting opportunities for WOSBs and economically disadvantaged women-owned small businesses (EDWOSBs). By doing so, the program aims to help federal agencies achieve their statutory goal of awarding 5% of their federal contracting dollars to WOSBs.\nUnder this program, federal contracting officers may set aside federal contracts (or orders) for WOSBs (including EDWOSBs) in industries in which the SBA determines WOSBs are substantially underrepresented in federal procurement and for EDWOSBs exclusively in industries in which the SBA determines WOSBs are underrepresented in federal procurement. The SBA has identified 364 six-digit North American Industry Classification System (NAICS) industry codes (out of 1,023) in which federal agencies may set aside federal contracts exclusively for WOSBs (including EDWOSBs) and 80 six-digit NAICS industry codes (out of 1,023) that may be set aside exclusively for EDWOSBs. \nFederal agencies may also award sole source contracts to WOSBs and EDWOSBs in eligible industries under the following conditions: the contracting officer does not have a reasonable expectation that offers would be received by two or more eligible WOSBs and EDWOSBs; the award can be made at a fair and reasonable price; and the anticipated total value of the contract, including any options, is below $4 million ($6.5 million for manufacturing contracts). \nTo participate in the program, WOSBs must\nbe a small business (as defined by the SBA);\nbe at least 51% unconditionally and directly owned and controlled by one or more women who are U.S. citizens; \nhave women manage day-to-day operations and make long-term decisions; and \nbe certified by a federal agency, a state government, the SBA, or a national certifying entity approved by the SBA.\nEDWOSBs must\nmeet all the requirements of the WOSB contracting program; \nbe owned and controlled by one or more women, each with a personal net worth less than $750,000;\nbe owned and controlled by one or more women, each with $350,000 or less in adjusted gross income averaged over the previous three years; and\nbe owned and controlled by one or more women, each having $6 million or less in personal assets (including business value and primary residence).\nThe WOSB program\u2019s legislative history is a bit more complicated than other small business contracting programs, primarily due to the distinctions between WOSBs and EDWOSBs and among underrepresented, substantially underrepresented, and other NAICS codes. These distinctions were designed to shield the WOSB program from legal challenges related to the heightened level of legal scrutiny applied to contracting preferences after the Supreme Court\u2019s decision in Adarand Constructors, Inc. v. Pena (1995), which involved contracting preferences for small disadvantaged businesses. The Court found in that case that all racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review. \nAn unintended consequence of these distinctions has been the SBA\u2019s difficulty in defining these terms, which contributed to a 10-year delay in the program\u2019s implementation and may help to explain why it has taken more than five years for the SBA to implement its own WOSB certification process as required by P.L. 113-291, the Carl Levin and Howard P. \u201cBuck\u201d McKeon National Defense Authorization Act for Fiscal Year 2015. That act also prohibited small businesses from self-certifying their eligibility for the WOSB program to ensure the program\u2019s contracts are awarded only to intended recipients. The SBA issued an Advance Notice of Proposed Rulemaking in the Federal Register on December 18, 2015, to solicit public comments on drafting a proposed rule to meet these requirements. The proposed rule was issued on May 14, 2019, and the SBA anticipates implementing the certification program and removing the self-certification option in July 2020, more than five and a half years after these requirements were enacted on December 19, 2014.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R46322", "sha1": "86f8a425d2f7a3cc458e833800cc5f41843de947", "filename": "files/20200423_R46322_86f8a425d2f7a3cc458e833800cc5f41843de947.html", "images": { "/products/Getimages/?directory=R/html/R46322_files&id=/0.png": "files/20200423_R46322_images_d786c3e74cc65d3f11ccc83874993e3edae21133.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R46322", "sha1": "3e923b636b3f267ffff687dce050fe09377db8fb", "filename": "files/20200423_R46322_3e923b636b3f267ffff687dce050fe09377db8fb.pdf", "images": {} } ], "topics": [] } ], "topics": [ "American Law", "Economic Policy", "National Defense" ] }