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
Source: FAR 52.219-30 on acquisition.gov
Only certified Women-Owned Small Businesses (WOSBs) or those with pending certification (for set-asides) are eligible for set-aside or sole-source awards under this clause, and strict eligibility and performance requirements apply, especially for joint ventures.
Overview
FAR 52.219-30 establishes the requirements for set-aside or sole-source awards to Women-Owned Small Business (WOSB) concerns eligible under the WOSB Program. This clause defines eligibility, outlines when the clause applies, and sets forth rules for offers, awards, and joint ventures. Its purpose is to ensure that only certified WOSBs (or those with pending certification in certain cases) can compete for or receive awards under designated WOSB set-aside or sole-source procurements, supporting federal goals for women-owned business participation.
Key Rules
- Eligibility and Certification
- Only WOSBs certified by the SBA or an approved third-party certifier, or with a pending application in DSBS (for set-asides), are eligible to compete. Sole-source awards require full certification.
- Applicability
- Applies to contracts, contract parts, and orders set aside or awarded on a sole-source basis to eligible WOSBs, including under multiple-award contracts.
- Offer and Award Restrictions
- Offers from non-eligible concerns are not considered; awards are made only to certified WOSBs.
- Joint Venture Requirements
- Joint ventures may qualify if at least one party is an eligible WOSB and all parties meet size standards. WOSB parties must perform at least 40% of the joint venture’s work, beyond administrative functions.
Responsibilities
- Contracting Officers: Must verify WOSB eligibility and ensure compliance with set-aside/sole-source rules.
- Contractors: Must maintain certification, ensure eligibility, and meet joint venture participation requirements.
- Agencies: Oversee compliance and may access the WOSB Program Repository for verification.
Practical Implications
- Ensures only eligible, certified WOSBs can compete for or receive set-aside/sole-source awards, promoting fair competition and program integrity. Contractors must be vigilant about certification status and joint venture compliance to avoid disqualification or protest.
As prescribed in 19.1508 (b), insert the following clause:
Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)
(a) Definitions. As used in this clause—
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with https://www.ecfr.gov/current/title-13/part-127" target="_blank">13 CFR part 127), as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with https://www.ecfr.gov/current/title-13/section-127.300" target="_blank">13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB.
WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.
(b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for, or awarded on a sole-source basis to, WOSB concerns eligible under the WOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program;
(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General.
(1) For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns with a pending application for certification status in the Dynamic Small Business Search (DSBS).
(2) For WOSB sole-source awards, offers are solicited only from certified WOSB concerns.
(3) Offers received from other concerns shall not be considered.
(4) Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program.
(d) Joint venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if—
(1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and (c)(3) of this clause, and https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)" target="_blank">13 CFR 127.506(c); and
(2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program.
(e) In a joint venture that complies with paragraph (d) of this clause, the WOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the WOSB party or parties to the joint venture must be more than administrative functions.
(End of clause)