www.sba.gov/wosb
Women-Owned
Small Business (WOSB)
Federal Contract Program
Presented by:
Amy Kim, WOSB Program Manager
Office of Government Contracting
1
Topics Covered
• WOSB Program Overview
• Pre-Solicitation
• Pre-Award
• Certify.SBA.gov
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Overview of the WOSB
Federal Contract Program
• The WOSB Federal Contract Program allows
Contracting Officers (COs) to set aside contracts for
WOSBs including EDWOSBs in eligible NAICS
• As of December 2015, it also allows COs to make sole
source awards to WOSBs (including EDWOSBs)
under specific circumstances
• SBA implements and administers the WOSB Program.
SBA regulations provide the framework with SBA
procedures incorporated in FAR.
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Time
Event
December
2000
Public Law 106
-554 establishes a women's procurement program
to assist the government in meeting its 5% women
-owned small
business (WOSB) contracting goal.
April 2011
New
Federal Acquisitions Regulation (FAR) implements WOSB
Program.
Eligible industries limited to 83
based on the RAND report
–
45 industries for WOSBs and 38 industries for EDWOSBs.
December 2014
NDAA 2015
provides sole source authority to the program, ended
self
-certification option
Certification process currently under review.
December 2015
Sole
Source process implemented by new FAR.
March 2016
Eligible Industries revised and expanded to
113 based on the new
Department of Commerce Study.
36 new industries added to
Program,
6 industries removed from Program, and 27 industries
had designation changed (between WOSB and EDWOSB).
History of the WOSB Federal
Contract Program
4
WOSB and EDWOSB
• WOSB: Women-Owned Small
Business
• EDWOSB: Economically
Disadvantaged Women-Owned
Small Business; WOSBs whose
owner and/or manager claims
economic disadvantage
EDWOSB is a subset of WOSB. As
such, if you qualify as an EDWOSB,
you automatically qualify as a WOSB.
WOSB
EDWOSB
5
WOSB and EDWOSB
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May an EDWOSB submit an offer on a
set aside for WOSBs?
PRE-SOLICITATION
7
Set Aside Considerations
8
Unrestricted
Small business set aside
Rule of 2 met? Fair & reasonable price?
Sole source to 8(a), HZ, SDVO SBC or WOSB
Responsible
contractor?
Contract value? Fair & reasonable? No 8(a) performing?
Set aside for 8(a), HZ, SDVO SBC or WOSB
Rule of 2 met? Fair & reasonable? No 8(a) performing?
If valued over $150K?
Consider
• Market research
• Historical data
• SB goal accomplishment
Important WOSB Considerations
• Not all NAICS codes are available for WOSB procurements.
Separate NAICS codes are authorized for WOSB and EDWOSB.
If interested in WOSB or EDWOSB set-asides, determine
whether NAICS code is eligible under WOSB Program at
www.sba.gov/wosb.
• 365 NAICS codes are available for WOSB.
• 80 NAICS codes are authorized for EDWOSB.
• If market research indicates one WOSB and multiple SBs, you
must consider a WOSB sole source award before SB set-
asides. FAR 19.1505(a) & 19.1506(a).
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Important WOSB Considerations
• Recommend including in solicitation the following:
" Pursuant to FAR 19.1503(b)(3), offerors must have all required WOSB
eligibility documents in the WOSB Program Repository currently available
at Certify.SBA.gov, at the time of their initial offer on the instant
procurement. The list of required documents is provided in FAR
19.1503(c).
If the apparent successful offeror does not have all documents in the
WOSB Program Repository currently available at Certify.SBA.gov, it will be
referred to the U.S. Small Business Administration (SBA) for a WOSB
status protest. Offerors that need assistance in submitting the documents
to the WOSB Program Repository are advised to contact the SBA Office of
Government Contracting at wosb@sba.gov."
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WOSB Set-Aside
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Check NAICS code
at
www.sba.gov/wosb
Authorized for
WOSB?
Rule of two met for
WOSB?
Award made at fair
& reasonable price?
WOSB set aside
May receive offer
from WOSB and
EDWOSB
EDWOSB Set-Aside
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Check NAICS Code
at
www.sba.gov/wosb
Authorized for
EDWOSB?
Rule of two met for
EDWOSB?
Award made at fair
& reasonable price?
EDWOSB set aside
May receive offer
from EDWOSB only
WOSB and EDWOSB
If NAICS code is authorized for WOSB, can the
CO solicit a response from EDWOSB?
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WOSB and EDWOSB
If the NAICS code is authorized for WOSB, can
the CO set procurement aside for EDWOSB?
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WOSB Sole Source
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Check NAICS code at
www.sba.gov/wosb
Authorized for
WOSB?
Total contract value?
$6.5M for mfrg
$4M for svcs
Is WOSB deemed
responsible?
Award made at fair
& reasonable price?
WOSB sole source
WOSB Program is NOT a business development program. As such, there is no statutory authority to
make a direct award. Agencies are required to prepare and approve J&A.
EDWOSB Sole Source
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Check NAICS code at
www.sba.gov/wosb
Authorized for
EDWOSB?
Total contract value?
$6.5M for mfrg
$4M for svcs
Is EDWOSB deemed
responsible?
Award made at fair
& reasonable price?
EDWOSB sole
source
WOSB Program is NOT a business development program. As such, there is no statutory authority to
make a direct award. Agencies are required to prepare and approve J&A.
WOSB Set-Aside or Sole Source Examples
I have a solicitation calling for the contractor to handle
reorganization and delegation requests. NAICS Code 561410 –
Document Preparation Services is assigned to the requirement.
Market research results indicate that the rule of two can be met
for WOSB set-asides. Can I do a set aside for WOSB?
17
Q: Our agency has a need for temporary help services. 561320 –
Temporary Help Services was assigned to the procurement. Market
research results indicate that the rule of two will be met for WOSB
and SDVO SBC set-asides. Can I do a set aside for WOSB?
WOSB Set-Aside or Sole Source Examples
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I have a requirement to obtain data concerning
newly constructed and/or converted multifamily
residential addresses. NAICS Code 511210 -
Software Publishers is assigned to the procurement.
Can I do a set aside for WOSB?
WOSB Set-Aside or Sole Source Examples
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Q: I have a requirement to procure on-site
ergonomics consultation and workstation evaluations.
NAICS Code 541420 is assigned to a procurement
with a total value of $5 million. Market research
indicates that there is one EDWOSB that can meet the
requirement. I have written J&A. Can I do a sole
source to the EDWOSB?
WOSB Set-Aside or Sole Source Examples
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Eligibility Requirements for
Joint Ventures
A WOSB/EDWOSB may submit an offer as a joint venture with another
small business if the following requirements are met
Size: each concern is small under applicable size standard unless an SBA-approved MP JV;
EDWOSB/WOSB must manage the joint venture;
EDWOSB/WOSB employee must be project manager responsible for contract performance;
EDWOSB/WOSB must own 51% of the JV;
EDWOSB/WOSB must receive JV profits commensurate with work performed (at least 40%);
Must have a special bank account in JV’s name;
Itemize all major equipment and facilities furnished by each party;
Specify the responsibilities of the parties;
Obligate all parties to ensure performance on the contract;
Original records must be retained by the EDWOSB/WOSB managing venturer;
Quarterly financial statements and final profit and loss statement must be submitted to SBA
Note: JV agreement must be submitted to CO.
SBA does not approve JV agreement but will adjudicate any protests!
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PRE-AWARD
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Important Pre-Award Considerations
• Check SAM to make sure that the apparent
successful offeror represented it as a WOSB (or
EDWOSB) eligible under the WOSB Program.
• If a set-aside and only one acceptable offer from
WOSB (including EDWOSB), CO may make award.
FAR 19.1505(d).
• It is CO’s responsibility to check whether
apparent successful offeror filed all the required
docs to the WOSB Repository. FAR 19.1505(e) &
19.1503(b).
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SAM Representation
FAR 52.219-1
Q: If a business represented as a WOSB
in SAM, is it eligible for award under
the WOSB Program?
A: No, not necessarily. There are three
types of WOSBs – 1) a WOSB, 2) a
WOSB eligible under the WOSB
Program, and 3) an EDWOSB eligible
under the WOSB Program. 2) and 3)
must provide eligibility documents to
the WOSB Repository but 1) does not
have to.
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Complying with FAR 19.1505(e)
WOSB Program Repository is currently housed at certify.sba.gov.
Do not look for completed SBA Forms 2413 (WOSB), 2414 (EDWOSB) or
413 (Personal Financial Statement). The forms are completed online at
certify.sba.gov. Businesses are required to add supporting documents to
the question when prompted.
When CO’s request for access is granted, he/she would see a completed
WOSB or EDWOSB certification questionnaire and associated documents
on one page.
If any questions on eligibility arise, please file a status protest with SBA.
You may not determine whether apparent successful offeror failed to
submit all the required documents.
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Ways to Qualify as WOSB or EDWOSB
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Self Certification
with Supporting Docs
• Register in SAM
• Compile and
provide
documents to
WOSB Repository
• Represent status
as WOSB or
EDWOSB in SAM
Third-Party Certification
with Supporting Docs
• Register in SAM
• Obtain certification
from SBA-approved
TPC
• Provide TPC
certification to WOSB
Repository
• Represent status as
WOSB or EDWOSB in
SAM
8(a) Certification
with Supporting Docs
• Register in SAM
• Obtain 8(a)
certification from
SBA
• Provide 8(a)
certification to
WOSB Repository
• Represent status
as WOSB or
EDWOSB in SAM
Self-Certified – Documents (WOSB)
Corporation
LLC
Partnership
Sole
Proprietorship
Birth certificate, naturalization paper or unexpired passport of woman owner
WOSB Program
Certification (Completed online – equivalent to SBA Form 2413)
Articles of
incorporation
Articles of
organization
Partnership
agreement
DBA name
certificate
By
-laws
Operating
agreement
Stock certificates
Stock ledger
Voting agreements,
if any
DBA
name certificate, if applicable
Joint venture agreement, if
applicable
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Self-Certified – Documents (EDWOSB)
Corporation
LLC
Partnership
Sole
Proprietorship
Birth certificate, naturalization paper or unexpired passport of woman owner
EDWOSB Program
Certification (Completed online – equivalent to SBA Form 2414)
Personal financial
statement (Completed online – equivalent to SBA Form 413)
Articles of
incorporation
Articles of
organization
Partnership
agreement
DBA name certificate
By
-laws
Operating
agreement
Stock certificates
Stock ledger
Voting agreements,
if any
DBA
name certificate, if applicable
Joint venture agreement, if
applicable
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Third-Party Certified - Documents
Corporation
LLC
Partnership
Sole
Proprietorship
WOSB or EDWOSB Program
Certification (Completed online in Certify.SBA.gov)
Current
TPC Certification
SBA accepts WOSB or EDWOSB certifications only from the following four entities:
• El Paso Hispanic Chamber of Commerce
• National Women Business Owners Corporation
• US Women’s Chamber of Commerce
• Women’s Business Enterprise National Council: WOSB only
No USDOT DBE or State certifications are accepted.
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8(a) Certified - Documents
Corporation
LLC
Partnership
Sole
Proprietorship
EDWOSB Program
Certification (Completed online in Certify.SBA.gov)
Initial
8(a) Approval Letter
Most Recent
Annual Review Letter from SBA
Certifications of eligibility in the 8(a) BD Program also satisfy eligibility requirements
for the WOSB Program and need no further clarifications.
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Protests Eligibility Examinations
Reviews and Protests
• SBA may investigate the accuracy of any
certification or representation made
• SBA will conduct regular reviews of firms
who have self-certified and obtained third
party certification
• A review will involve evaluation of
documents uploaded in the repository and
SBA may request additional documents
and perform a site visit
• SBA may investigate the accuracy of any
certification or representation made as it
relates to a specific WOSB/EDWOSB contract
• Only an interested party, SBA or a contracting
officer may submit a protest
• A protest must be submitted to the
contracting officer within certain timeframes
• Can only protest the ownership, control and
economic disadvantage requirements
• Size protests are handled under 13 C.F.R. part 121
• SBA reviews each protest and makes a final
decision, which may be appealed to the Office
of Hearings and Appeals
Any WOSB/EDWOSB found to be ineligible
must remove designation in SAM;
CO shall not award the contract
SBA is committed to ensuring only eligible WOSBs benefit from the WOSB Federal
Contract Program. The following tools ensure compliance with Program requirements:
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CERTIFY.SBA.GOV
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Certify
• Use the link for Federal government
employees on the Certify Home page
• You must have a MAX.gov account. If you do
not have one, visit MAX.gov and follow the
instructions for creating an account and
linking your PIV/CAC card.
• You must request account access and
contractor must approve your request.
33
Certify – Home Page
Log in or
registration for
Government
employees.
Steps to Request Access WOSB
Records
1. Click on Request Access link on the left navigation bar.
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Steps to Request Access WOSB
Records
2. Search for a WOSB firm by entering a DUNS number in the text box and click the
Search button.
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If vendor has not
completed self-
certification, you will see
a message “the vendor
has not completed
registrations.”
Steps to Request Access WOSB
Records
3. Complete the request form by
entering the Solicitation number
and NAICS fields, and select the
Type of procurement box
a. Read the authorization text
b. Click the I accept box
c. Click the Request Access
button
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Steps to Review WOSB Records
1. Log in to certify.SBA.gov
2. Click the My Requests link on the left navigation bar
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If vendor has
not completed
self-
certification,
the View
column will be
blank.
3. In the View column, select which certification you would like to see using the
WOSB or EDWOSB links.
Steps to Review WOSB Records
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4. Review the self-certification summary
5. To view the supporting documents, click on the file name link
Steps to Review WOSB Records
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