19.1503 Status
Source: FAR 19.1503 on acquisition.gov
Contracting officers must verify SBA certification and SAM registration for WOSB/EDWOSB status before awarding set-aside or sole-source contracts, and take corrective action if SBA finds a business ineligible.
Overview
FAR 19.1503 outlines the requirements for determining and verifying the status of Economically Disadvantaged Women-Owned Small Business (EDWOSB) and Women-Owned Small Business (WOSB) concerns eligible under the WOSB Program. The section specifies that the Small Business Administration (SBA) is responsible for status determinations, and contracting officers must verify certification and registration in the System for Award Management (SAM) before awarding set-aside or sole-source contracts. It also addresses the consequences of SBA eligibility decisions and the requirements for joint ventures seeking WOSB/EDWOSB status.
Key Rules
- SBA Determination of Status
- Only the SBA can determine if a business qualifies as an EDWOSB or WOSB under the program, per 13 CFR part 127.
- Verification for Set-Asides/Sole-Source
- Contracting officers must confirm that offerors are registered and certified in SAM before awarding contracts.
- Pending Certification
- Pending certification applications are only visible in the Dynamic Small Business Search (DSBS), not in SAM.
- SBA Adverse Decisions
- If SBA finds a business ineligible, the contract may be terminated, options not exercised, and the award cannot count toward agency small business goals.
- Joint Venture Eligibility
- Joint ventures may qualify if the WOSB/EDWOSB partner is certified in SAM and the JV meets 13 CFR 127.506 requirements.
Responsibilities
- Contracting Officers: Must verify SAM registration and certification, act on SBA eligibility decisions, and update FPDS records.
- Contractors: Must ensure SBA certification and SAM registration; joint ventures must meet additional regulatory requirements.
- Agencies: Must not count ineligible awards toward small business goals and must update FPDS accordingly.
Practical Implications
- Ensures only properly certified WOSB/EDWOSB firms receive set-aside/sole-source awards.
- Prevents misrepresentation and improper credit toward small business goals.
- Contractors must maintain up-to-date certifications and registrations to remain eligible.
(a) Status as an EDWOSB concern or WOSB concern eligible under the WOSB Program is determined by the Small Business Administration in accordance with https://www.ecfr.gov/current/title-13/part-127" target="_blank">13 CFR part 127.
(b) For a WOSB that seeks a WOSB or EDWOSB set-aside or sole-source contract, the contracting officer shall verify that the offeror—
(1) Is registered in the System for Award Management (SAM); and
(2) Is designated as a certified EDWOSB or WOSB concern in SAM (see 19.1505(d) for set aside procedures). Pending applications for certification are only in the Dynamic Small Business Search (DSBS) at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm" target="_blank">https://web.sba.gov/pro-net/search/dsp_dsbs.cfm.
(c) If there is a decision issued by SBA as a result of a current eligibility examination finding that the concern did not qualify as an EDWOSB concern or WOSB concern eligible under the WOSB Program, the contracting officer may terminate the contract, and shall not exercise any option, or award further task or delivery orders. Agencies shall not count or include the award toward the small business goals for an EDWOSB concern or WOSB concern eligible under the WOSB Program and must update FPDS from the date of award to reflect the final SBA decision.
(d) A joint venture may be considered an EDWOSB concern or WOSB concern eligible under the WOSB Program if the EDWOSB or WOSB participant is certified in SAM (see section 19.1505(d) for set-aside procedures) and the joint venture meets the requirements of https://www.ecfr.gov/current/title-13/section-127.506" target="_blank">13 CFR 127.506.