19.1505
Set-aside procedures
FAR 19.1505 establishes strict procedures for setting aside contracts for WOSB and EDWOSB concerns, requiring certification verification and clear documentation to ensure only eligible firms receive awards.
Overview
FAR 19.1505 outlines the procedures for setting aside federal contracts for Women-Owned Small Business (WOSB) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns under the WOSB Program. It details when and how contracting officers may restrict competition to these businesses, the eligibility and certification requirements for offerors, and the steps for verifying and awarding contracts. The section also addresses the process for handling recommendations and appeals from SBA Procurement Center Representatives (PCRs).
Key Rules
- Pre-Set-Aside Compliance
- Contracting officers must comply with FAR 19.203 before setting aside acquisitions under the WOSB Program.
- Set-Aside Eligibility
- Acquisitions above the micro-purchase threshold may be set aside for EDWOSB or WOSB concerns based on NAICS codes designated by SBA as underrepresented or substantially underrepresented.
- Market Research Requirement
- Set-asides require a reasonable expectation, based on market research, that at least two eligible concerns will submit offers and that award can be made at a fair and reasonable price.
- Offeror Eligibility and Certification
- Offerors must qualify as small businesses under the assigned NAICS code and be certified (or have a pending application) as EDWOSB or WOSB in SAM or DSBS.
- Verification and Award Procedures
- Contracting officers must verify certification status before award and notify SBA if the status is pending. SBA has 15 days to determine eligibility.
- Award and Withdrawal Procedures
- Awards may be made with only one acceptable offer. If no acceptable offers are received, the set-aside is withdrawn and reconsidered under other set-aside rules.
- SBA PCR Recommendations and Appeals
- Procedures are provided for handling and appealing PCR recommendations regarding use of the WOSB Program.
Responsibilities
- Contracting Officers: Must follow set-aside procedures, verify eligibility and certification, handle SBA notifications, and document decisions.
- Contractors: Must ensure proper certification and eligibility status in SAM or DSBS before submitting offers.
- Agencies: Must respond to SBA appeals and document decisions regarding set-aside recommendations.
Practical Implications
- Ensures only eligible, certified WOSB/EDWOSB concerns compete for designated set-asides.
- Requires diligent market research and documentation by contracting officers.
- Contractors must maintain up-to-date certification to avoid disqualification.
- Delays may occur if SBA status determinations are pending, impacting award timelines.