Current through November 30, 2024
Section 19.1506 - Women-Owned Small Business Program sole-source awards(a) A contracting officer shall consider a contract award to an EDWOSB concern on a sole-source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and-(1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement;(2) The contracting officer does not have a reasonable expectation that offers would be received from two or more EDWOSB concerns; and(3) The conditions in paragraph (c) of this section exist.(b) A contracting officer shall consider a contract award to a WOSB concern (including EDWOSB concerns) eligible under the WOSB Program on a sole-source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and-(1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement;(2) The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns (including EDWOSB concerns); and(3) The conditions in paragraph (c) of this section exist.(c)(1) The anticipated award price of the contract, including options, will not exceed- (i) $7 million for a requirement within the NAICS codes for manufacturing; or(ii) $4.5 million for a requirement within any other NAICS codes.(2) The EDWOSB concern or WOSB concern has been determined to be a responsible contractor with respect to performance.(3) The award can be made at a fair and reasonable price.(d) A contracting officer shall only award a sole-source contract to a concern that has been certified pursuant to 13 CFR 127.300 as an EDWOSB or WOSB eligible under the WOSB program. Contracting officers shall not request a status determination from SBA on pending applications for certification for EDWOSB or WOSB sole-source awards.(e) The SBA has the right to appeal the contracting officer's decision not to make a sole-source award to either an EDWOSB concern or WOSB concern eligible under the WOSB program. 81 FR 83103 , Nov. 18, 2016, as amended at 85 FR 62489 , Oct. 2, 2020; 87 FR 58242 , Sept. 23, 2022 81 FR 83103 , 11/18/2016; as amended at 85 FR 62489 , 10/2/2020; 87 FR 58242 , 10/28/2022