Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns
Only certified EDWOSBs (or those with pending certification for set-asides) are eligible for set-aside or sole-source awards, and joint ventures must meet strict participation and performance requirements.
Overview
FAR 52.219-29 establishes the requirements for set-aside or sole-source contracts awarded to Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns. It defines eligibility, outlines when the clause applies, and sets forth rules for joint ventures and performance requirements. The clause ensures that only certified EDWOSBs (or those with pending certification for set-asides) are eligible to compete for or receive these awards, and specifies documentation and performance standards for joint ventures.
Key Rules
- Eligibility and Certification
- Only certified EDWOSBs, or those with a pending application in DSBS (for set-asides), may submit offers. Sole-source awards require full certification.
- Applicability
- Applies to contracts, parts of multiple-award contracts, and orders set aside for or awarded to EDWOSBs, including certain direct orders under multiple-award contracts.
- Joint Venture Requirements
- Joint ventures may qualify if at least one party is a certified EDWOSB and all parties are small under the solicitation’s size standard. Mentor-protégé joint ventures must have an approved SBA agreement.
- Performance Requirement
- EDWOSB parties in a joint venture must perform at least 40% of the work, excluding administrative functions.
Responsibilities
- Contracting Officers: Must verify EDWOSB certification and compliance, and ensure only eligible firms are considered.
- Contractors: Must maintain certification, submit required documentation, and ensure joint venture compliance.
- Agencies: Oversee eligibility, certification, and performance requirements.
Practical Implications
This clause ensures that EDWOSB set-asides and sole-source awards are reserved for truly eligible firms, promoting fair competition and compliance. Contractors must be diligent in maintaining certification and structuring joint ventures to meet performance thresholds. Common pitfalls include failing to maintain certification, improper joint venture arrangements, or not meeting the 40% work requirement.