52.204-5 Women-Owned Business (Other Than Small Business)
Source: FAR 52.204-5 on acquisition.gov
This provision requires women-owned businesses that are not small businesses to self-identify during the solicitation process for accurate federal reporting.
Overview
FAR 52.204-5 requires offerors that are women-owned business concerns, but not small businesses, to self-identify during the solicitation process. The provision defines a women-owned business concern as one that is at least 51% owned and controlled by one or more women, including publicly owned businesses where women own at least 51% of the stock and control management and daily operations. This representation is only to be completed if the offeror is a women-owned business concern and has not already represented itself as a small business under FAR 52.219-1. The provision supports accurate federal reporting and data collection on women-owned businesses participating in federal contracts, even when they do not qualify as small businesses.
Key Rules
- Definition of Women-Owned Business Concern
- Must be at least 51% owned and controlled by one or more women, including management and daily operations.
- Representation Requirement
- Offerors must indicate if they are a women-owned business concern, but only if they have not already represented themselves as a small business in the solicitation.
Responsibilities
- Contracting Officers: Must include this provision in solicitations as prescribed and ensure proper collection of representations.
- Contractors: Must accurately complete the representation if applicable.
- Agencies: Use the collected data for reporting and compliance with federal acquisition policies.
Practical Implications
- Ensures accurate identification of women-owned businesses that do not qualify as small businesses.
- Impacts reporting and tracking of diversity in federal contracting.
- Contractors should be careful to complete this representation only when appropriate to avoid misrepresentation.
As prescribed in 4.607(a), insert the following provision:
Women-Owned Business (Other Than Small Business) (Oct 2014)
(a) Definition."Women-owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it □ is a women-owned business concern.
(End of provision)