19.1506 Women-Owned Small Business Program sole-source awards
Source: FAR 19.1506 on acquisition.gov
Contracting officers must consider sole-source awards to certified WOSB/EDWOSB firms in underrepresented NAICS codes before small business set-asides, provided all eligibility and value criteria are met.
Overview
FAR 19.1506 outlines the requirements and procedures for awarding sole-source contracts to Women-Owned Small Business (WOSB) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns under the WOSB Program. Contracting officers must consider sole-source awards to eligible WOSB/EDWOSB firms before pursuing small business set-asides, provided certain conditions are met. These include assignment of the appropriate NAICS code (where WOSBs are underrepresented or substantially underrepresented), lack of reasonable expectation of competition from two or more eligible firms, and compliance with specific contract value thresholds. Only firms certified under 13 CFR 127.300 are eligible, and the SBA retains the right to appeal decisions not to make sole-source awards.
Key Rules
- Sole-Source Award Consideration
- Contracting officers must consider sole-source awards to EDWOSB or WOSB concerns before small business set-asides if exclusions do not apply and specific criteria are met.
- NAICS Code and Underrepresentation
- The acquisition must be in a NAICS code where WOSBs/EDWOSBs are underrepresented or substantially underrepresented, as determined by SBA.
- Competition Expectation
- Sole-source is only allowed if there is no reasonable expectation of receiving offers from two or more eligible WOSB/EDWOSB concerns.
- Contract Value Thresholds
- The anticipated award price must not exceed $8.5 million for manufacturing or $5.5 million for other NAICS codes.
- Certification Requirement
- Only certified WOSB/EDWOSB firms are eligible; contracting officers cannot request SBA status determinations for pending certifications.
- SBA Appeal Rights
- SBA can appeal a contracting officer’s decision not to make a sole-source award.
Responsibilities
- Contracting Officers: Must verify eligibility, ensure all criteria are met, and only award to certified firms. Must consider sole-source before set-asides and respect SBA appeal rights.
- Contractors: Must obtain and maintain proper certification under 13 CFR 127.300 and demonstrate responsibility and fair pricing.
- Agencies: Must ensure compliance with WOSB Program rules and facilitate SBA oversight and appeals.
Practical Implications
This section enables contracting officers to directly award contracts to certified WOSB/EDWOSB firms in underrepresented industries, streamlining opportunities for women-owned businesses. Contractors must ensure timely certification and compliance with all eligibility requirements. Common pitfalls include overlooking certification status, exceeding value thresholds, or misapplying NAICS codes.
(a) A contracting officer shall consider a contract award to an EDWOSB concern on a sole-source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and-
(1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement;
(2) The contracting officer does not have a reasonable expectation that offers would be received from two or more EDWOSB concerns; and
(3) The conditions in paragraph (c) of this section exist.
(b) A contracting officer shall consider a contract award to a WOSB concern (including EDWOSB concerns) eligible under the WOSB Program on a sole-source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and-
(1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement;
(2) The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns (including EDWOSB concerns); and
(3) The conditions in paragraph (c) of this section exist.
(c)
(1) The anticipated award price of the contract, including options, will not exceed-
(i) $8.5 million for a requirement within the NAICS codes for manufacturing; or
(ii) $5.5 million for a requirement within any other NAICS codes.
(2) The EDWOSB concern or WOSB concern has been determined to be a responsible contractor with respect to performance.
(3) The award can be made at a fair and reasonable price.
(d) A contracting officer shall only award a sole-source contract to a concern that has been certified pursuant to https://www.ecfr.gov/current/title-13/section-127.300" target="_blank">13 CFR 127.300 as an EDWOSB or WOSB eligible under the WOSB program. Contracting officers shall not request a status determination from SBA on pending applications for certification for EDWOSB or WOSB sole-source awards.
(e) The SBA has the right to appeal the contracting officer’s decision not to make a sole-source award to either an EDWOSB concern or WOSB concern eligible under the WOSB program.