Defense procurement case cited in delay of women's contracting program

[The Straight Story]

Defense procurement case cited in delay of women's contracting program
By Elizabeth Newell [e-mail] January 13, 2009

The Small Business Administration has become one of the first agencies to explore whether a recent court ruling striking down the legality of the Defense Department's small disadvantaged business program has broader ramifications.

SBA announced on Monday that it was reopening the comment period for the long-delayed women's contracting program and extending it for 60 days, partially in light of the ruling. The extension will allow stakeholders additional time to submit formal comments on a September 2008 revised plan to declare women-owned small businesses under-represented in 31 industries and allow set-aside contracts for women-owned firms in those industries.

SBA said that by granting the extension it was acquiescing to requests from Congress and members of the public, and noted that agency officials were assessing the November U.S. Court of Appeals for the Federal Circuit's Rothe Development Corp. v. Department of Defense decision and its potential relevance to the women's program.

"SBA is reviewing -- with the Department of Justice -- the relevance of the disparity study standard discussed in the recent ," SBA acting Administrator Sandy Baruah said. "The Rothe decision, issued on Nov. 4, 2008, addressed the standards necessary to support the constitutional validity of certain contracting preference programs."

http://www.govexec.com/story_page.cfm?articleid=41788&dcn=todaysnews