19.1504 Exclusions
Source: FAR 19.1504 on acquisition.gov
FAR 19.1504 specifies when Women-Owned Small Business Program procedures do not apply, ensuring contracting officers avoid improper set-asides for excluded requirements.
Overview
FAR 19.1504 outlines specific exclusions to the applicability of the Women-Owned Small Business (WOSB) Program procedures described in Subpart 19.15. It clarifies when the requirements of this subpart do not apply, helping contracting professionals determine when WOSB set-aside rules are not relevant. The section lists four main exclusions, including contracts already under the 8(a) program, requirements fulfilled by mandatory government sources, and certain orders under indefinite-delivery contracts or Federal Supply Schedules, unless discretionary set-aside provisions apply.
Key Rules
- 8(a) Program Exclusion
- WOSB program procedures do not apply to requirements currently performed under the 8(a) program or accepted by the SBA for 8(a) performance, unless released by the SBA.
- Mandatory Government Sources
- If a requirement can be met by a mandatory government source (per FAR 8.002), WOSB procedures do not apply.
- Indefinite-Delivery Contract Orders
- Orders under indefinite-delivery contracts are excluded, except where discretionary set-asides are allowed (see 16.505(b)(2)(i)(F)).
- Federal Supply Schedule Orders
- Orders against Federal Supply Schedules are excluded, except where discretionary set-asides are permitted (see 8.405-5).
Responsibilities
- Contracting Officers: Must verify if any of these exclusions apply before applying WOSB set-aside procedures.
- Contractors: Should be aware of these exclusions to understand when WOSB opportunities may not be available.
- Agencies: Ensure compliance with exclusion rules and proper documentation of applicability.
Practical Implications
- This section prevents overlap and conflict between different small business programs and mandatory sources.
- It helps streamline acquisition by clarifying when WOSB set-asides are not required.
- Common pitfalls include overlooking these exclusions and incorrectly applying WOSB procedures to ineligible requirements.
This subpart does not apply to-
(a) Requirements that an 8(a) contractor is currently performing under the 8(a) program or that SBA has accepted for performance under the authority of the 8(a) program, unless SBA has consented to release the requirements from the 8(a) program;
(b) Requirements that can be satisfied through award to mandatory Government sources (see section 8.002);
(c) Orders under indefinite-delivery contracts (see subpart 16.5). (But see 16.505(b)(2)(i)(F) for discretionary set-asides of orders); or
(d) Orders against Federal Supply Schedules (see subpart 8.4). (But see 8.405-5 for discretionary set-asides of orders.)