19.1504
Exclusions
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.