EDWOSB | The Contracting Education Academy

March 25, 2016 By AMK

COs told to check with SBA on WOSB certifications

On Wednesday, March 23, 2016, the U.S. Small Business Administration (SBA) announced on its website that for the next “several weeks” federal Contracting Officers (COs) will need to check with the SBA to verify self-certifications submitted by women-owned small businesses (WOSBs) competing for contract set-asides.

The reason for this temporary change is a planned migration of WOSB records from SBA’s General Login System (GLS) repository to a new portal to be located at https://certify.sba.gov.

SBA says that the on-line repository where WOSBs have been uploading ownership and control documentation has been inactivated. SBA’s notice indicates that the WOSB repository will be replaced within “several weeks” by a new portal that will support the WOSB program.

The new portal is located at https://certify.sba.gov however, as of March 25, the website is marked: “This site is a work in progress.”

SBA’s existing rules stipulate that small businesses interested in responding to a solicitation set aside for WOSBs must first submit a checklist of certification documentation. Once certification uploads are submitted, Contracting Officers are responsible for checking the repository to ensure all required documents have been submitted.

During the period where the new portal is not fully functional, it is unclear how WOSBs that have not previously uploaded their certification documentation will satisfy the 13 CFR 127.300(e) certification requirements.

Until SBA’s new portal is fully functional, the SBA is directing Contracting Officers to contact the SBA to request verification of self-certification compliance by specific WOSBs.

The instructions SBA has issued are as follows:

SBA will review the Repository on behalf of a CO. A CO may request that SBA review the Repository on their behalf by sending an email to wosb@sba.gov(link sends e-mail) with the following in the subject line:

“PENDING AWARD UNDER FAR 19.505(e) VERIFICATION REQUEST- SOLICITATION NUMBER [insert solicitation number].”

In the body of the email, the CO should provide the following: provide the apparent successful offeror’s DUNS, EIN, FIRM NAME, OWNER NAME; indicate whether the pending award is a WOSB or EDWOSB set-aside or sole source award; specify the NAICS code assigned to the procurement; and identify the State where the CO is located. Within 2 business days, SBA will perform the necessary check to determine whether the apparently successful offeror has filed all the required eligibility documents and provide the CO with an email response which either: (a) notifies the CO that all required documents have been provided or (b) identifies which documents are missing in order to allow the CO to file a status protest in accordance with SBA regulations and the FAR.

Emails for this information will be processed only for Contracting Officers.

More information on the WOSB program and the features of the new portal can be found at: https://www.sba.gov/content/women-owned-small-business-program.

September 14, 2015 By AMK

SBA rule authorizes sole source awards to WOSBs and EDWOSBs

The Small Business Administration (SBA) published a rule today (Sept. 14, 2015) allowing sole source awards to Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in appropriate circumstances.

The new rule changes existing SBA regulations in order to conform to section 825 of the FY15 National Defense Authorization Act (NDAA).

The rule is effective October 14, 2015. The Federal Acquisition Regulations (FAR) will need to be amended to include the sole source authority so that there is no conflict between the SBA’s rules and the FAR.

The sole source authority can only be used where a contracting officer (CO) conducts market research in an industry where a WOSB or EDWOSB set-aside is authorized, and the CO cannot identify two or more WOSBs or EDWOSBs that can perform at a fair and reasonable price, but identifies one WOSB or EDWOSB that can perform. In addition, the sole source authority for WOSBs and EDWOSBs is limited to contracts valued at $6.5 million or less for manufacturing contracts and $4 million or less for all other contracts.

The rule is published in the Federal Register at: https://www.federalregister.gov/articles/2015/09/14/2015-22927/women-owned-small-business-federal-contract-program#h-16

May 18, 2015 By AMK

IG finds both agency implementation and SBA oversight of WOSB program to be flawed

Federal agencies’ contracting officers are awarding set-aside contracts without meeting the set-aside requirements associated with the Small Business Administration’s Woman-Owned Small Business (WOSB) program.

This finding, among others, appears in a report issued on May 14, 2015 by the SBA’s Office of Inspector General (OIG).

The OIG report states that as much as $7.1 million worth of contracts received by WOSBs in fiscal year (FY) 2014 may be improper. For example, 10 of 34 WOSB set-aside awards were for ineligible work, and 9 of these 34 were awarded to firms that did not provide required documentation to prove they were eligible WOSBs.

In addition to the 9 WOSB awards that did not have any ownership or control documentation in the SBA’s WOSB Repository, the OIG identified 13 of 25 firms in their audit sample that uploaded only some — but not all — of the required documentation to the Repository, thus also bringing their program eligibility into question.

Additionally, 12 businesses did not provide sufficient documentation to prove that a woman or women controlled the day-to-day operations of their firms. These firms, which received $8 million in contracts, also may be ineligible for their WOSB set-aside awards.

The OIG report is critical not only of agencies’ implementation of the federal WOSB program but also of SBA’s lax oversight. Accordingly, OIG made five recommendations to the SBA’s Associate Administrator for Government Contracting and Business Development calling for improvements in how SBA manages and administers the WOSB program.

It should be noted that even before the OIG’s report, the SBA’s WOSB program already was slated to undergo some major programmatic changes based on the National Defense Authorization Act (NDAA) for both FY 2013 and 2015. The NDAAs stipulated considerable increases SBA’s oversight responsibilities. Specifically, the FY 2015 Act will: 1) grant contracting officers the authority to award sole-source awards to WOSB firms, 2) remove firms’ ability to self-certify, and 3) require firms to be certified. The SBA is still determining how it will implement these mandated changes.

The OIG’s full report can be downloaded here: Improvements_Needed_in_SBAs_Management_of_WOSB_Program-OIG_Report_15-10

May 8, 2013 By AMK

Contracting officers now able to set-aside contracts of any dollar amount to WOSBs

An interim final rule published May 7, 2013 in the Federal Register and effective immediately will amend regulations to the U.S. Small Business Administration’s Women-Owned Small Business Federal Contract Program allowing for greater access to federal contracting opportunities for women-owned businesses as a result of the National Defense Authorization Act of 2013 (NDAA) signed in January.

The interim final rule removes the anticipated award price of the contract thresholds for women-owned small businesses (WOSB) and economically disadvantaged women-owned small businesses (EDWOSB) to allow them greater access to federal contracting opportunities without limitations to the size of the contract. The rule can be accessed at: http://www.gpo.gov/fdsys/pkg/FR-2013-05-07/html/2013-10841.htm and comments can be submitted on or before June 6, 2013, at www.regulations.gov, identified by the following RIN number: RIN 3245-AG55.

As a result of the rule change, contracting officers will be able to set aside specific contracts for certified WOSBs and EDWOSBs at any dollar level which will help federal agencies achieve the existing statutory goal of five percent of federal contracting dollars being awarded to WOSBs. The SBA is currently working on the changes to the Federal Acquisition Regulations.

Prior to the rule change, the anticipated award price of the contract for women-owned and economically disadvantaged women-owned small businesses could not exceed $6.5 million for manufacturing contracts and $4 million for all other contracts.

To qualify as a WOSB, a firm must be at least fifty-one percent owned and controlled by one or more women, and primarily managed by one or more women. The women must be U.S. citizens and the firm must be considered small according to SBA size standards. To be deemed “economically disadvantaged,” a firm’s owners must meet specific financial requirements set forth in the program regulations.

The WOSB Program identifies eighty-three four-digit North American Industry Classification Systems (NAICS) codes where WOSBs are underrepresented or substantially underrepresented. Contracting officers may set aside contracts in these industries if the contract can be awarded at a fair and reasonable price and the contracting officer has a reasonable expectation that two or more WOSBs or EDWOSBs will submit offers for the contract.

For more information on the Women-Owned Federal Small Business Contract Program or to access the instructions, applications or database, please visit www.sba.gov/wosb.

January 23, 2013 By AMK

Defense Act causes SBA to lift dollar limits on WOSB set-asides

Women-owned small businesses will have greater access to federal contracting opportunities as a result of changes included in the National Defense Authorization Act of 2013 (NDAA) to the U.S. Small Business Administration’s Women-Owned Small Business Federal Contract Program.

“This new law is a prime example of how the Obama Administration is embracing a more inclusive view of entrepreneurship, helping small businesses and America succeed,” said SBA Administrator Karen Mills. “Today, women own 30 percent of all small businesses up from just 5 percent 40 years ago. As one of the fastest growing sectors of small business owners in the country, opening the door for women to compete for more federal contracts is a win-win.”

The NDAA removes the anticipated award price of the contract thresholds for women-owned small businesses (WOSB) and economically disadvantaged women-owned small businesses (EDWOSB) to allow them greater access to federal contracting opportunities without limitations to the size of the contract. Prior to the new law, the anticipated award price of the contract for women-owned and economically disadvantaged women-owned small businesses could not exceed $6.5 million for manufacturing contracts and $4 million for all other contracts.

The Women’s Federal Contract Program allows contracting officers to set aside specific contracts for certified WOSBs and EDWOSBs and will help federal agencies achieve the existing statutory goal of five percent of federal contracting dollars being awarded to WOSBs.

The law also requires the SBA to conduct another study to identify and report industries underrepresented by women-owned small businesses. As a result, more eligible women-owned businesses may be able to participate in SBA’s Women’s Federal Contract Program and compete for and win federal contracts.

These changes have not yet taken effect. The SBA is working with the Office of Federal Procurement Policy under the President’s Office of Management and Budget on the implementation including changes to the Federal Acquisition Regulations.

Every firm that wishes to participate in the WOSB program must meet the eligibility requirements and either self-certify or obtain third party certification. There are four approved third-party certifiers that perform eligibility exams: El Paso Hispanic Chamber of Commerce, National Women Business Owners Corporation, U.S. Women’s Chamber of Commerce, and the Women’s Business Enterprise National Council. Additional information and links about approved third-party certifiers are available at www.sba.gov/wosb. To qualify as a WOSB, a firm must be at least fifty-one percent owned and controlled by one or more women, and primarily managed by one or more women. The women must be U.S. citizens and the firm must be considered small according to SBA size standards. To be deemed “economically disadvantaged,” a firm’s owners must meet specific financial requirements set forth in the program regulations.

For more information on the Women-Owned Small Business Program or to access the instructions, applications or database, please visit www.sba.gov/wosb.

The Small Business Administration (SBA) published a rule today (Sept. 14, 2015) allowing sole source awards to Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in appropriate circumstances.

Federal agencies’ contracting officers are awarding set-aside contracts without meeting the set-aside requirements associated with the Small Business Administration’s Woman-Owned Small Business (WOSB) program.

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