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
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.