WIPP Updates

SBA Getting Ready to Roll Out New Women's Procurement Program

For nine years, the women's procurement program has suffered from inaction and/or unacceptable proposals by the SBA on implementation. If put into place, a woman's procurement program, would assist federal agencies meeting the 5% goal for women owned small businesses. Federal agencies have never met the 5% goal set by Congress. However, the SBA, led by Administrator Karen Mills is working to propose a new program and a simultaneous withdrawal of the program proposed by President Bush in 2008. The SBA hopes to have a program in place by the end of the year. Unlike the prior proposed program under President Bush, the program will not contain onerous requirements such as a finding of discrimination by federal agencies. It is expected that the SBA will take another look at the Rand disparity study and expand the eligible industries to more than the four industries proposed by Bush.

E-Verify Required for Federal Contractors

A recent ruling by a U.S. District Court upheld the executive order issued by former President George W. Bush requiring federal contractors to use E-Verify, which was a voluntary system. The order primarily affects federal contractors who are awarded a new contract after September 8, 2009, that includes the Federal Acquisition Regulation (FAR) E-Verify clause. As of September 8, federal contractors must use the free E-Verify system, administered by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA), to electronically verify the employment eligibility of all new employees hired during the contract term and current employees assigned to work on the contract.

On September 4, a U.S. District Court Judge rejected an effort by the U.S. Chamber of Commerce and other business groups, to delay the rule from taking effect while a federal appeal is pending. The U.S. Fourth Circuit Court of Appeals denied a similar motion on September 9th. The plaintiffs are still considering an appeal.