1. Women's Federal Procurement Program 10 years later . . . . increased access to contracts for women-owned firms. U.S. Womens Chamber of Commerce

2.

• Six Criteria for Use of the Program

• • Not less than 51% women-owned by economically disadvantaged (or not. . .)

• • Reasonable expectation; 2 or more offers

• • Award may not exceed $3M; $5M manufacturing

• • Fair and reasonable price

• • Competing businesses must certify women-owned

• • Underrepresented or substantially underrepresented industries

3.

• Six Criteria for Use of the Program

• • Not less than 51% women-owned by economically disadvantaged

• • • Small business

• • • One or more women-owners

• • • Not less than 51%

• • • Economically disadvantaged

• • • Or (for certain industries), not-economically disadvantaged

4.

• Six Criteria for Use of the Program

• • Reasonable expectation; 2 or more offers

• • • The contracting officer must have a reasonable expectation that two or more women-owned small businesses will submit offers

• • • • >> Respond to SOURCES SOUGHT

5.

• Six Criteria for Use of the Program

• • Award may not exceed $3M; $5M manufacturing

• • • The anticipated award price of the contract may not exceed $5M for manufacturing, $3M for other contracts

• • • >> We need to work to get these figures raised

6.

• Six Criteria for Use of the Program

• • Fair and reasonable price

• • • The anticipated award price of the contract may not exceed $5M for manufacturing, $3M for other contracts

• • • >> We need to work to get these figures raised

7.

• Six Criteria for Use of the Program

• • Competing businesses must certify women-owned

• • • Each competing business must be duly certified by a Federal agency, State government, or an SBA-approved entity as a women-owned small business (WOSB)

• • • OR, must certify to the contracting officer and provide adequate documentation that it is WOSB (regulatory)

• • • Penalties are imposed for misrepresentation

8.

• Six Criteria for Use of the Program

• • Underrepresented or substantially underrepresented industries

• • • Competition may be restricted for this program only in industries where WOSB are underrepresented or substantially underrepresented

9.

• Women-Owned Defined

• • The definition of women-owned has been made clear in the regulations, dealing pretty well with:

• • • Issues of legal control of the business

• • • Day-to-day management

• • • Competency to oversee certain types of businesses that may include professional certifications

• • • Holds highest position within the company

• • • Does not hold outside employment that prevents true day-to-day management

10.

• Certification Options

• • Certification provided by:

• • • Federal Agency

• • • • DOT DBE (must show that this certification was received because business is women-owned

• • • State Government

• • • Third Party Providers

• • AND certify to the contracting officer that the business is small and women-owned (repository)

11.

• Self Certification

• • The original law called for a method of self-certification in addition to the formal certification process

• • These rules provide a method to accomplish this

SELF

12.

• Size = Small

• • Business must be small in the NAICS code of the contract (see www.sba.gov/size for list of NAICS codes and size standards)

13.

• ORCA and Repository

• • Prior to ORCA, vendors were required to submit Reps and Certs for each individual large purchase contract award. Now, using ORCA, a contractor can enter their Reps and Certs information once for use on all Federal contracts. This site not only benefits the contractor by allowing them to maintain an accurate and complete record but also the Contracting Officer as they can view every record, including archives.

14.

• ORCA and Repository

• • ORCA requirements to represent WOSB status will be enhanced to require the business asserting WOSB to answer certain key questions that are relevant to women-owned status.

• • This is a great improvement in ORCA

• • A repository will be created to hold all certifications, documents, etc.

• • This system enables Contracting Officers to act, trust, and be protected as they use the program.

15.

• Eligibility Examinations

• • The SBA has detailed a method to verify the accuracy of a certification.

• • These are often called site visits.

• • May be done randomly, based on contract sizes, or upon report of a business wrongly asserting WOSB status.

16.

• Economically Disadvantaged

• • The SBA has simplified the determination of economically disadvantaged status.

• • • A woman IS NOT economically disadvantaged if her yearly income averaged over the past two years exceeds $200,000 (approximates the top 2% of wage earners)

• • • The SBA provides a good deal of clarification regarding retirement program, husbands and wives, and inheritance.

• • • The SBA provides the opportunity for businesses to show that the income level is not indicative of lack of economic disadvantage.

17.

• Selection of Industries

• • There has been much argument over the method and data sets used to select the industries to be determined as underrepresented and substantially underrepresented.

• • Dollars and actions

• • Ready, willing, and able compared to outcomes

• • >> The SBA has decided to use CCR. We object as CCR has and will be affected by the very problem we seek to remedy.

18.

• More on Industries

• • We need to be clear on protests to add industries a criteria for showing exception.

• • We need clarity for the ongoing updates of these industries and testing to the sensitivity of the selection of the data sets used (especially the likelihood that CCR data may be impacted by discrimination and/or the views of WOSB who fail to register or drop their registration due to ongoing access to contracts).

19.

• Industries included

• • The forty-five NAICS codes in which WOSBs are underrepresented are: 2213Water, Sewage and Other systems; 2361Residential Building Construction; 2371Utility System Construction; 2381Foundation, Structure, and Building Exterior Contractors; 2382Building Equipment Contractors; 2383Building Finishing Contractors; 2389Other Specialty Trade Contractors; 3149Other Textile Product Mills; 3159Apparel Accessories and Other Apparel Manufacturing;

20.

• Industries included

• • 3219Other Wood Product Manufacturing; 3222 Converted Paper Product Manufacturing; 3321; Forging and Stamping; 3323Architectural and Structural Metals Manufacturing; 3324Boiler, Tank, and Shipping Container Manufacturing; 3333 Commercial and Service Industry Machinery Manufacturing; 3342 Communications Equipment Manufacturing; 3345Navigational, Measuring, Electromedical, and Control Instruments Manufacturing

21.

• Industries included

• • 5311Lessors of Real Estate; 5413 Architectural, Engineering, and Related Services; 5414Specialized Design Services; 5415Computer Systems Design and Related Services; 5416 Management, Scientific, and Technical Consulting Services; 5419Other Professional, Scientific, and Technical Services; 5611Office Administrative Services; 5612Facilities Support Services; 5614Business Support Services; 5616Investigation and Security Services; 5617Services to Buildings and Dwellings;

22.

• Industries included

• • 6116Other Schools and Instruction; 6214 Outpatient Care Centers; 6219Other Ambulatory Health Care Services; 7115Independent Artists, Writers, and Performers; 7223Special Food Services; 8111Automotive Repair and Maintenance; 8113Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance; and 8114 Personal and Household Goods Repair and Maintenance.

23.

• Industries included

• • The thirty-eight NAICS codes in which WOSBs are substantially underrepresented are: 2372Land Subdivision; 3152Cut and Sew Apparel Manufacturing; 3231Printing and Related Support Activities; 3259 Other Chemical Product and Preparation Manufacturing; 3328 Coating, Engraving, Heat Treating, and Allied Activities; 3329Other Fabricated Metal Product Manufacturing; 3371Household and Institutional Furniture and Kitchen Cabinet Manufacturing;

24.

• Industries included

• • 3372Office Furniture (including Fixtures) Manufacturing; 3391Medical Equipment and Supplies Manufacturing; 4841General Freight Trucking; 4889Other Support Activities for Transportation; 4931 Warehousing and Storage; 5111 Newspaper, Periodical, Book, and Directory Publishers; 5112Software Publishers; 5171Wired Telecommunications Carriers; 5172 Wireless Telecommunications Carriers (except Satellite);

25.

• Industries included

• • 5179Other Telecommunications; 5182Data Processing, Hosting, and Related Services; 5191Other Information Services; 5312Offices of Real Estate Agents and Brokers; 5324Commercial and Industrial Machinery and Equipment Rental and Leasing; 5411 Legal Services; 5412Accounting, Tax Preparation, Bookkeeping, and Payroll Services; 5417Scientific Research and Development Services; 5418 Advertising, Public Relations, and Related Services;

26.

• Industries included

• • 5615Travel Arrangement and Reservation Services; 5619Other Support Services; 5621 Waste Collection; 5622Waste Treatment and Disposal; 6114 Business Schools and Computer and Management Training; 6115Technical and Trade Schools; 6117Educational Support Services; 6242Community Food and Housing, and Emergency and Other Relief Services; 6243Vocational Rehabilitation Services;

27.

• Industries included

• • 7211Traveler Accommodation; 8112Electronic and Precision Equipment Repair and Maintenance; 8129Other Personal Services; and 8139Business, Professional, Labor, Political, and Similar Organizations.

28.

• Other Details and Issues

• • Joint Ventures

• • Penalties for false representation as women-owned and small

• • Protest

• • Parity the requirement to utilize limited competition programs in a certain order may negate the effectiveness of the womens program and other socio-economic programs

• • Broader issue of businesses counted as WOSB for goaling reporting.

29.

• Many leaders have come together

• • We have many leaders to thank

• • • Congress

• • • SBA, Federal Agency Small Business Leaders

• • • The Court (and our attorneys)

Federal Agencies SBA Congress YOU USWCC The Court

30.

• Next Steps

• • Keep Up to Date www.uswcc.org/wfpp

• • Register for notifications - uswcc.org/wfpp-interest

• • Advocate - uswcc.org/advocacy

• • Submit Comments the SBA has published proposed regulations for comments to be submitted by May 3, 2010

• • Join the WFPP group at USWCC | Community 360 and/or the Small Business Contractors Forum

31.

• QUESTIONS