Overview
FAR Subpart 19.15 establishes the policies and procedures for the Women-Owned Small Business (WOSB) Program, which includes the subcategory of Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns. The program's primary objective is to provide equal contracting opportunities for women-owned businesses and assist federal agencies in achieving their statutory small business participation goals.
Key Rules
- Certification Requirement: To be eligible for set-asides or sole-source awards, a firm must be certified by the Small Business Administration (SBA) and designated as such in the System for Award Management (SAM). Self-certification is no longer sufficient for award eligibility.
- NAICS Code Restrictions:
- EDWOSB Set-asides: Limited to NAICS codes where WOSBs are "underrepresented."
- WOSB Set-asides: Limited to NAICS codes where WOSBs are "substantially underrepresented."
- The "Rule of Two": For set-asides, the Contracting Officer must have a reasonable expectation that at least two eligible concerns will submit offers and that the award can be made at a fair and reasonable price.
- Sole-Source Award Limits: Sole-source contracts may be awarded if the anticipated price (including options) does not exceed $8.5 million for manufacturing NAICS codes or $5.5 million for all other codes.
- Order of Precedence: COs must consider WOSB/EDWOSB sole-source awards before considering general small business set-asides, provided specific conditions are met.
- Exclusions: This subpart does not apply to requirements currently performed under the 8(a) program (unless released), mandatory government sources, or certain IDIQ/FSS orders (though discretionary set-asides are permitted).
Responsibilities
- Contracting Officers (COs):
- Verify offeror certification in SAM/DSBS before award.
- Perform market research to determine if the "Rule of Two" can be met.
- Notify the SBA Director of Government Contracting if an apparently successful offeror has a "pending" certification.
- Terminate contracts or decline options if the SBA issues a final decision finding a concern ineligible.
- Small Business Administration (SBA):
- Manage the certification process and determine eligibility.
- Maintain the list of underrepresented and substantially underrepresented NAICS codes.
- Respond to status determinations for pending certifications within 15 calendar days.
- SBA Procurement Center Representative (PCR):
- Recommend specific acquisitions for the WOSB Program and appeal CO decisions to the head of the agency if recommendations are rejected.
- Head of the Agency:
- Issue written decisions on SBA appeals regarding set-aside or sole-source recommendations.
Practical Implications
- Strict Verification: Contracting Officers cannot rely on a firm's "pending" status for sole-source awards; the firm must be certified. However, for set-asides, a pending application allows an offeror to remain in competition while the CO waits for a 15-day SBA determination.
- Data Integrity: If a firm is found ineligible after award, the agency must update the Federal Procurement Data System (FPDS) immediately. The award will no longer count toward the agency’s WOSB/EDWOSB goals.
- Joint Ventures: Joint ventures are viable vehicles for WOSB/EDWOSB contracts, provided the WOSB partner is certified and the agreement complies with 13 CFR 127.506.
- Compliance Risks: Contractors must be vigilant about the "Limitations on Subcontracting" (FAR 52.219-14) and the "Nonmanufacturer Rule" (FAR 52.219-33), as these are mandatory clauses for WOSB program contracts.