19.1508 Contract clauses
Source: FAR 19.1508 on acquisition.gov
FAR 19.1508 mandates the inclusion of specific clauses in contracts set aside or sole-sourced for WOSB and EDWOSB concerns to ensure compliance with program requirements.
Overview
FAR 19.1508 prescribes the required contract clauses for solicitations and contracts set aside or awarded on a sole-source basis to Women-Owned Small Business (WOSB) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns under the Women-Owned Small Business Program. It directs contracting officers to include specific clauses (52.219-29 and 52.219-30) depending on whether the award is for EDWOSB or WOSB concerns, including for multiple-award contracts where orders may be set aside or directly awarded. The section also references the use of clauses 52.219-14 (Limitations on Subcontracting) and 52.219-33 (Nonmanufacturer Rule), pointing to their respective prescriptions for proper application. This ensures that all relevant set-aside and sole-source contracts for WOSB/EDWOSB concerns include the appropriate regulatory language to enforce program requirements.
Key Rules
- Clause 52.219-29 for EDWOSB Set-Asides/Sole-Source Awards
- Must be included in solicitations and contracts set aside or sole-sourced to EDWOSB concerns, including certain multiple-award contracts.
- Clause 52.219-30 for WOSB Set-Asides/Sole-Source Awards
- Must be included in solicitations and contracts set aside or sole-sourced to WOSB concerns eligible under the WOSB Program, including certain multiple-award contracts.
- Reference to Limitations on Subcontracting (52.219-14)
- Use as prescribed in FAR 19.507(e).
- Reference to Nonmanufacturer Rule (52.219-33)
- Use as prescribed in FAR 19.507(h).
Responsibilities
- Contracting Officers: Ensure the correct clauses are inserted into solicitations and contracts for WOSB/EDWOSB set-asides or sole-source awards, including for multiple-award contracts where applicable.
- Contractors: Must comply with the requirements set forth in the applicable clauses, including limitations on subcontracting and the nonmanufacturer rule if included.
- Agencies: Oversee compliance with clause inclusion and program requirements for WOSB/EDWOSB awards.
Practical Implications
- This section ensures that all contracts benefiting from WOSB/EDWOSB set-aside or sole-source status include the necessary clauses to enforce program eligibility and performance requirements.
- Failure to include the correct clauses can result in noncompliance, protest risk, or contract administration issues.
- Contractors should review solicitations for the presence of these clauses to understand their obligations and eligibility.
(a)The contracting officer shall insert the clause at 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-owned Small Business Concerns, in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, EDWOSB concerns under 19.1505(b) or 19.1506(a). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one EDWOSB contractor in accordance with 19.504(c)(1)(ii).
(b)The contracting officer shall insert the clause at 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program, in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to WOSB concerns under 19.1505(c) or 19.1506(b). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB Program as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one WOSB contractor in accordance with 19.504(c)(1)(ii).
(c)For use of clause 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(d)For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).