Page:United States Statutes at Large Volume 114 Part 5.djvu/749

 PUBLIC LAW 106-554—APPENDIX I 114 STAT. 2763A-709 "(D) the anticipated award price of the contract (including options) does not exceed— "(i) $5,000,000, in the case of a contract assigned an industrial classification code for manufacturing; or "(ii) $3,000,000, in the case of all other contracts; "(E) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price; and "(F) each of the concerns— "(i) is certified by a Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or "(ii) certifies to the contracting officer that it is a small business concern owned and controlled by women and provides adequate documentation, in accordance with standards established by the Administration, to support such certification. "(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)(F)); 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)(F). "(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)(F). "(C) PENALTIES.— In addition to the penalties described in section 16(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—

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