Overview
This section identifies specific procurement scenarios and existing contractual obligations where the Women-Owned Small Business (WOSB) Program requirements do not apply. It establishes a hierarchy of procurement programs, ensuring that the WOSB Program does not supersede mandatory sources or established 8(a) Program commitments.
Key Rules
- 8(a) Program Priority: Requirements currently performed by or accepted into the SBA’s 8(a) Program are excluded unless the SBA formally consents to release the requirement.
- Mandatory Sources: Procurement requirements that can be satisfied through mandatory Government sources (per FAR 8.002), such as Federal Prison Industries or AbilityOne, take precedence over WOSB set-asides.
- Indefinite-Delivery Contracts (IDCs): The subpart does not mandate WOSB procedures for orders placed under IDCs, although Contracting Officers retain discretionary authority to set aside such orders.
- Federal Supply Schedules (FSS): Requirements met through GSA Schedules are excluded from the mandatory application of this subpart, though discretionary set-asides are permitted under FAR 8.405-5.
Practical Implications
- Contracting Officers must perform a "priority of sources" check to ensure a requirement is not already claimed by a mandatory source or the 8(a) program before attempting a WOSB or Economically Disadvantaged WOSB (EDWOSB) set-aside.
- While WOSB rules are not mandatory for orders under FSS or IDIQ contracts, they remain a critical discretionary tool for agencies looking to meet their socio-economic prime contracting goals.