Women-Owned Small Business (WOSB) Federal Contract Program A Guide for Contracting Officers Office of Women s Business Ownership April 2014
WOSB Training Contents 1. WOSB Program Overview 2. WOSB Eligibility 3. Contracting Officer Checklist for Using the WOSB Federal Contract Program 4. Parity 5. Self-Certification and Third Party Certification 6. Required Documents 7. WOSB Repository and the Role of the Contracting Officer 8. Reviews and Protests 9. Resources and Questions 10. Addendum: How to Access the WOSB Repository (Contracting Officers)
Introduction The Small Business Act [Section 8(m)] authorizes agencies to limit competition for federal contracts in certain industries to only women-owned small businesses (WOSBs) or economically disadvantaged women-owned small businesses (EDWOSBs) Codified in: 13 CFR 127 (effective 2/4/11) FAR 19.15 (effective 4/1/11) This authority will allow for the creation and expansion of federal contract opportunities for women entrepreneurs
Program Purpose Helps more women-owned small businesses win federal contracts Assists federal agencies in achieving the statutorily mandated 5% government-wide contracting goal for women-owned small businesses
WOSB Federal Contract Program
WOSB Federal Contract Program Snapshot Limited competition is applicable to contracts only in industries designated by SBA as underrepresented by women-owned companies Competition for requirements can be restricted to WOSBs or EDWOSBs Competition is required for all WOSB contracts WOSBs are required to upload certain corporate documents into the WOSB Repository and self-certify in the System for Award Management (SAM) their status as women-owned small businesses (or use a third party certifier) Learn more View Compliance Guide at www.sba.gov/wosb
Only Designated Industries Only contract requirements in industries designated by the SBA as underrepresented or substantially underrepresented are eligible for competition under the WOSB program Over 300 six-digit industry codes are eligible
WOSB-Only Contract Competitions A contracting officer may limit competition for a requirement to women-owned small businesses if: The NAICS code assigned to the solicitation, invitation for bid, or quote is in an industry in which SBA has designated that WOSBs are substantially underrepresented Rule of two applies Contract can be awarded at a fair and reasonable price Reminder: EDWOSBs can bid on WOSB contracts, but WOSBs are not eligible to bid on EDWOSB contracts
EDWOSB-Only Contract Competitions A contracting officer may restrict competition for a requirement to only economically disadvantaged women owned small businesses (EDWOSBs) if: The NAICS code assigned to the solicitation, invitation for bid, or quote is in an industry in which SBA has designated that WOSBs are underrepresented Rule of two applies Contract can be awarded at a fair and reasonable price Reminder: WOSBs are not eligible to bid on EDWOSB contracts
No Limitations on Contract Award Amounts No restrictions on the dollar amounts for eligible WOSB/EDWOSB contracts Revisions to the National Defense Authorization Act, which went into effect on May 7, 2013, removed the caps on contract amounts under the WOSB Federal Contract Program
Competition is Required Competition is required Sole source awards are not allowed
WOSBs/EDWOSBs are Required to Self- Certify (or use third party certifier option) Self-certification Third party certification
Important Clarification SBA does not certify firms into the WOSB Federal Contract Program, like it does for the 8(a) Business Development and HUBZone programs Learn More Contracting Officer s Compliance Guide at www.sba.gov/wosb
WOSB/EDWOSB Eligibility
Eligibility WOSB WOSB The company must be at least 51% owned and controlled by one or more women who are U.S. citizens and satisfy all other requirements set forth in 13 CFR 127 Ownership must be direct and not subject to conditions A woman or women must manage day-to-day operations The company must be at or below the small business size standard for the primary NAICS code, the NAICS code assigned to the solicitation at the time of the bid, and for any order under a long-term contract The firm must upload the required documents into the WOSB Repository BEFORE it can self-certify in SAM
Eligibility EDWOSB EDWOSB Economically disadvantaged women who are U.S. citizens must own and control at least 51% of the business; and all other conditions for a WOSB must be satisfied (13 CFR 127) Personal net worth of less than $750,000 (minus equity in the business and equity in the primary residence) Adjusted annual income of $350,000 or less Market value of all assets does not exceed $6 million (including business value and primary residence)
Eligibility EDWOSB Economic Disadvantage: How is it determined? Personal net worth of less than $750,000 (minus equity in the business and equity in the primary residence) Adjusted annual income of $350,000 or less Market value of all assets does not exceed $6 million (including business value and primary residence)
Joint Ventures Combined annual receipts or number of employees must be no more than the size standard associated with the NAICS code assigned to the contract at the time of bid WOSB or EDWOSB must manage the Venture, be responsible for performance and receive at least 51% of the profits Joint Venture agreement must be in writing Joint Venture must meet subcontracting limitations Learn More Contracting Officer s Compliance Guide at www.sba.gov/wosb
Contracting Officer s Checklist for Using the WOSB Federal Contract Program
Checklist for Using the WOSB Federal Contract Program 1. Determine the NAICS code for the acquisition 2. Check SBA s website (www.sba.gov/wosb) for industries designated as underrepresented or substantially underrepresented 3. If the NAICS code assigned to the acquisition is in an underrepresented industry, competition can be limited to EDWOSBs 4. If the NAICS code is in a substantially underrepresented industry, competition can be restricted to WOSBs 5. All EDWOSBs are also WOSBs. But not all WOSBs are EDWOSBs.
Checklist for Using the WOSB Federal Contract Program (continued) 6. Conduct market research FAR Part 10 is the best resource 7. Notify all potential offerors 8. Verify that the apparent successful offeror is eligible for an award 9. Properly document the contract file 10. Issue a pre-award notification
Parity
The Question of Parity All small business programs are equal SBA s regulations provide contracting officer s with discretion to utilize either the 8(a) BD, Service-Disabled Veteran-Owned Small Business Concern (SDVO SBC), HUBZone or WOSB programs before a small business set-aside
Parity for Acquisitions Exceeding $3,000 (but less than $150,000) Procurements valued from $3,000 to $150,000 1. Consider WOSB/EDWOSB or 8(a) BD or SDVO SBC or HUBZone before a small business set-aside small business set-asides are mandatory at this dollar level. Rule of two applies if competed. 2. Full and open competition (only if no small businesses available)
Parity for Acquisitions Over $150,000 Procurements valued over $150,000 1. Consider WOSB/EDWOSB or 8(a) BD or SDVO SBC or HUBZone. Rule of two applies if competed. 2. Small business set-aside. Rule of two applies. 3. Full and open competition (not a small business set-aside)
Certification: Self- or Third Party
Self-Certification (or use an optional third party certifier) WOSBs or EDWOSBs can self-certify or use an optional third party certifier The firm s corporate documents must be uploaded into the WOSB Repository prior to the firm s WOSB/EDWOSB representation in SAM Learn More Compliance Guide at www.sba.gov/wosb
Self-Certification Process How WOSBs or EDWOSBs self-certify: Register in SAM: www.sam.gov Access SBA s General Login System (GLS) https://eweb.sba.gov/gls Complete the WOSB/EDWOSB program certification (SBA Form 2413 for WOSBs/SBA Form 2414 for EDWOSBs; and SBA Form 413 for EDWOSBs) Upload corporate documents to the WOSB Repository Upload other documents as requested Represent WOSB/EDWOSB status in SAM Learn More Compliance Guide at www.sba.gov
Third Party Certification Third party certification is an optional approach WOSBs or EDWOSBs can use a third party certifier A third party certifier is either a Federal agency, a state government, or a national certifying entity which has been approved by the SBA Here are the current SBA-approved third party certifiers: El Paso Hispanic Chamber of Commerce National Women Business Owners Corporation U.S. Women s Chamber of Commerce Women s Business Enterprise National Council (WBENC) www.sba.gov/wosb
How a WOSB/EDWOSB Represents Their Third Party Certification How WOSBs and EDWOSBs can self-certify after being approved by a Third Party Certification Register in SAM Access SBA s General Login System (GLS) https://eweb.sba.gov/gls Obtain and upload the third party certification to the WOSB Repository. Complete the WOSB/EDWOSB program certification (SBA Form 2413 for WOSBs/SBA Form 2414 for EDWOSBs) Also upload SBA Form 413 if an EDWOSB (must also upload one for spouse, if applicable) Submit other documents as requested by the SBA Represent WOSB/EDWOSB status in SAM
Required Documents
Required Documents Self-Certification WOSB /EDWOSB Program Certification form (SBA Form 2413 for WOSBs/SBA Form 2414 for EDWOSBs) Copies of birth certificates, naturalization papers, or unexpired passports for owners who are women to demonstrate U.S. citizenship Copy of joint venture agreement, if applicable For EDWOSBs: Personal financial statement(s) (SBA Form 413) for self and spouse, if applicable; Most recent three years of personal tax forms; IRS Form 4506-T For limited liability companies: Articles of organization (also referred to as certificate of organization or articles of formation) and any amendments; and operating agreement, as well as any amendments For corporations: Articles of incorporation and any amendments; by-laws and any amendments; all issued stock certificates, including the front and back copies, signed in accordance with the by-laws; stock ledger; and voting agreements, if any For partnerships: Partnership agreement and any amendments; and, the assumed/fictitious name (doing business as) certificate
Required Documents Third Party Certification Third Party Certificate, for the Women-Owned Small Business Federal Contract Program WOSB/EDWOSB Program Certification (SBA Form 2413 for WOSBs/SBA Form 2414 for EDWOSBs) Personal financial statement (SBA Form 413) for EDWOSBs (must also upload one for spouse, if applicable) Copy of joint venture agreement, if applicable
WOSB Program Repository & Role of the Contracting Officer
WOSB Repository WOSB Repository is an important tool Houses documents submitted by EDWOSBs and WOSBs demonstrating their assertion of eligibility for WOSB Federal Contract Program Secure, web-based environment Learn More Contracting Officer s Compliance Guide at www.sba.gov/wosb
Role of the Contracting Officer Contracting officers are required to access the WOSB Program Repository to Review required WOSB documentation, and affirm a firm s representation of eligibility as a WOSB/EDWOSB prior to a contract award
Reviews and Protests
Eligibility Examinations SBA may investigate the accuracy of any WOSB/EDWOSB self-certification or representation Additional supporting documentation could be requested by SBA and a site visit may be performed
Protests Only an interested party, SBA or the contracting officer can submit a protest Learn More Contracting Officer s Compliance Guide at www.sba.gov/wosb
Resources and Questions
Resources & Tools Resources & Tools Contracting Officer s WOSB Compliance Guide WOSB Certification SBA Form 2413 or 2414 Approved Third Party Certifiers WOSB Applicable NAICS codes www.sba.gov/wosb Resources & Tools 13 CFR Part 127 GLS Registration Procurement Technical Assistance Centers (PTAC) SBA Size Standards Personal Financial Statement SBA Form 413
Resources & Tools (continued) Resources & Tools Women s Business Centers SCORE Resources & Tools SBA District Offices Small Business Development Centers (SBDC)
Contact Us. Thank you for taking the time to learn about the WOSB Federal Contract Program Please contact us with any questions you may have WOSB Questions 1-800 U-ASK-SBA (1-800-827-5722) WOSB@sba.gov
Addendum How to Access the WOSB Program Repository
Access SBA s General Login System Click here for instructions on how to use GLS Request access by clicking Request SBA User ID Access/Register for a GLS Account -- Women https://eweb.sba.gov/gls Owned Small Business Program --
Register for a GLS Account Create your own user ID Must enter Zip code, which will then autofill State
Register for a GLS Account (continued) Select your Agency, make sure Contracting Officer is selected and then click Submit An e-mail will be sent to you with a temporary password so you can login. After you enter the temporary password, you will be prompted to create a new permanent password.
Log into GLS Enter your Information and click Login
Read the Terms and Conditions Click OK
Access Repository Click Access to gain entry to WOSB Repository
Select Contract Officer Role Click Submit
Once Approved Click WOSBPR to enter the repository
Read the Disclaimer Click Help for additional help features Read Disclaimer and Directions on how to use WOSBPR
How to View a Firms Uploaded Documents Click on Business View to see a list of firms that have granted you access Click on a business name to see their uploaded documents NOTE if you have not yet been authorized by any firms, you will not see anything on this page
How to View a Firms Uploaded Documents (continued) Click on any document to download and view
How to Use the Solicitation View You may also view firms by searching solicitations. Click Solicitation View to see solicitations.
How to Use the Solicitation View (continued) Once you click on a solicitation, you will see a list of firms who have authorized you access to their documents **Note that that a Contracting Officer will only be able to view documents of firms that have authorized them access. If you do not see a firm that you need to review, contact them and ask them to grant you access.