Electronic Code of Federal Regulations (e-CFR), Title 48. Photo of business women reviewing paperwork. endstream Qualify for WOSB status, there are 38 National American Industry Classification System (NAICS) codes in which WOSBs are substantially underrepresented. Economic Disadvantage in industries where WOSB are substantially underrepresented (38 four-digit NAICS codes); Contracting Officers may set aside contracts for the broad category of WOSB in these industries. Publicly Released: Apr 27, 2020. (i) Is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement; or ... for requirements in NAICS codes designated by SBA as substantially underrepresented if there is a reasonable expectation based on market research that- (1) Two or more WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), will submit offers … WOSBs may receive sole source awards in industries designated as “substantially underrepresented.” The industry-by-industry limitations are the same as those applicable to competitive EDWOSB and WOSB set-asides. Published: Jun 30, 2020. Published: Nov 13, 2019. 4 0 obj Specifically, in September 2015 SBA published a final rule to implement sole-source authority, effective October 2015. To be eligible to participate in the WOSB program, firms have the option to self-certify or be certified by a third-party certifier. endobj Each year, the Small Business Administration examines a sample of businesses that received contracts under the program to determine whether they were eligible to participate. Effective Wednesday, March 3, ... which analyzed data to help SBA determine those NAICS codes in which WOSBs are underrepresented and substantially underrepresented in Federal contracting. SBA officials also noted that they had also provided training on NAICS codes as part of its FY 2019 performance reviews of procurement centers. (d) The contracting officer may make an award, if only one acceptable offer is received from a qualified EDWOSB concern or WOSB concern eligible under the WOSB Program. As of October 2019, SBA officials said that they were taking steps, including drafting presentation materials, to provide training on NAICS codes to agencies and planned to present quarterly at the Small Business Procurement Advisory Council FY 2020 meetings. We made a recommendation and reiterated previous ones to address this and other persistent problems we found. Published: Apr 20, 2020. For example, GAO previously recommended that SBA establish procedures to assess the performance of four third-party certifiers—private entities approved by SBA to certify the eligibility of WOSB firms. Publicly Released: Jul 30, 2020. Published: Oct 1, 2020. In addition, similar to previous findings from SBA's Office of Inspector General, GAO found that about 3.5 percent of contracts using a WOSB set-aside were awarded for ineligible goods or services from April 2011 through June 2018. GAO reviewed relevant laws, regulations, and program documents; analyzed federal contracting data from April 2011 through June 2018; and interviewed SBA officials, officials from contracting agencies selected to obtain a range of experience with the WOSB program, and three of the four private third-party certifiers.
Federal Acquisition Regulations System, Chapter 1. There are 45 NAICS codes in which WOSBs are underrepresented and 38 NAICS codes in which WOSBs are substantially underrepresented. SBA may waive the requirement of economic disadvantage for industries in which WOSBs are "substantially underrepresented". SBA officials stated that this requirement would be addressed as part of the new certification process for the WOSB program, which they expect to implement by January 1, 2020. (2) Contract award may be made at a fair and reasonable price. To be eligible to participate in the WOSB program, firms have the option to self-certify or be certified by a third-party certifier.
endobj SBA has not addressed WOSB program oversight deficiencies identified in GAO's 2014 review (GAO-15-54). GAO was asked to review the WOSB program. (f) If no acceptable offers are received from an EDWOSB concern or WOSB concern eligible under the WOSB Program, the set-aside shall be withdrawn and the requirement, if still valid, must be considered for set aside in accordance with 19.203 and subpart 19.5. SBA does not review contracting data that could identify this problem and inform SBA which agencies making awards may need targeted outreach or training. Publicly Released: Dec 13, 2019. <>stream While federal contract obligations to all women-owned small businesses and WOSB program set-asides have increased since fiscal year 2012, WOSB program set-asides remain a small percentage (see figure). This report discusses (1) the extent to which SBA has addressed the 2015 NDAA changes, (2) SBA's efforts to address previously identified deficiencies, and (3) use of the WOSB program. The Small Business Administration (SBA) has implemented one of the three changes to the Women-Owned Small Business (WOSB) program authorized in the National Defense Authorization Act of 2015 (2015 NDAA). Publicly Released: Oct 22, 2019. U.S. Small Business Administration Page updated October 15, 2010 Page 5 of 18 334515 In fiscal year 2017, SBA found about 40 percent of the businesses in its sample weren't eligible. For NAICS codes in which WOSBs are substantially underrepresented see pages 11 – 18.
NAICS 5313 is not an industry SBA has designated as underrepresented or substantially underrepresented. Publicly Released: Jun 29, 2020. Moreover, SBA doesn't use the examination results to improve its oversight. (b) For requirements in NAICS codes designated by SBA as underrepresented, a contracting officer may restrict competition to EDWOSB concerns if the contracting officer has a reasonable expectation based on market research that -, (1) Two or more EDWOSB concerns will submit offers for the contract; and.
Published: Sep 30, 2020. Expanded list of Industries eligible for WOSB set-asides released. In addition, the implementation of sole-source authority in light of these continued oversight deficiencies can increase program risk. Publicly Released: Apr 15, 2019. Find Recent Work on Business Regulation and Consumer Protection, COVID-19 Loans Lack Controls and Are Susceptible to Fraud, Many Agencies' Award Issuances Are Not Timely; Some Practices May Improve Timeliness, Additional Agency Actions Can Improve Assistance to Small Businesses and Inventors, Better Documentation and Reporting Needed on Procurement Center Representatives, Oversight of Contractor Compliance with Subcontracting Plans Needs Improvement, Reevaluation of How SBA Sets Initial Funding Estimate Needed to Help Reduce Burden, Opportunities Exist to Strengthen Engagement with Historically Black Colleges and Universities, Opportunities Exist to Strengthen Program Performance Measurement, Collaboration, and Reporting, Steps Taken on Long-Standing Weaknesses in SBA's Oversight of Tribal 8(a) Firms, but Additional Actions Needed, Financial Regulation and Housing Finance - High Risk Issue, National Flood Insurance Program - High Risk Issue. By not improving its oversight of the WOSB program, SBA is limiting its ability to ensure third-party certifiers are following program requirements.
WOSB and EDWOSB Set-Aside Contracts WOSB NAICS code assigned to contract is in an industry where WOSBs are underrepresented EDWOSB Industry NAICS code assigned to contract is in an industry where WOSBs are substantially underrepresented Ind ustries Contracting officer has reasonable expectation that 2 or more WOSBs will submit an offer Rule of Two GAO recommends that SBA develop a process for periodically reviewing the extent to which WOSB program set-asides are awarded for ineligible goods or services and use the results to address identified issues, such as through targeted outreach or training on the WOSB program. (c) A contracting officer may restrict competition to WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), for requirements in NAICS codes designated by SBA as substantially underrepresented if there is a reasonable expectation based on market research that -
FEDERAL ACQUISITION REGULATION, Subpart 19.15. In 2000, Congress authorized the WOSB program, allowing contracting officers to set aside procurements to women-owned small businesses in industries in which they are substantially underrepresented. x��V[o�H~G�?�#Tb��ee!��I[�R�Xڇ��KK��i������ $q��b��}�sf�~$�Q�!7!,��x����ƒ�6�F�DQ���B�M��!�0�:���u�,�� }w?_�LJ�)��CN�(oA��R���re���g:s����ҋM���/*�������F>����K:��P����z^��uz��k�Uo���b�K�լ�{��3����Q���6xÐh�('�B�j���֖l�0���C�ۮ���sD�/d�>����8"}T��=.���V~Y����!J�X�� E 6Z��/���ű��p����A��߾��CG�����Q� �Q{�^�kG�QoXsGD�5�Z��O��Q(X��5�"�*�F��'�$��������c\ô For requirements in industries designated by SBA as substantially underrepresented pursuant to § 127.501, a contracting officer may issue a sole source award to a WOSB … %PDF-1.5 As a result, SBA cannot provide reasonable assurance that WOSB program requirements are being met and that the program is meeting its goals. Publicly Released: Oct 1, 2020. (ii) Is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement, as specified on SBA's Web site at http://www.sba.gov/WOSB. 1632 0 obj With respect to the identification of industries eligible for a set-aside or sole source award under the WOSB Program, the Small Business Act requires the SBA Administrator to conduct a study to identify those industries in which small business concerns owned and controlled by women are underrepresented or substantially underrepresented with respect to Federal procurement contracting. (c) A contracting officer may restrict competition to WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), for requirements in NAICS codes designated by SBA as substantially underrepresented if there is a reasonable expectation based on market research that -, (1) Two or more WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), will submit offers; and. If the requirement is assigned a six digit NAICS code under NAICS 8129 - Other Personal Services, then, assuming all other requirements are met, the contracting officer may set aside the procurement under the WOSB Program to all eligible WOSBs. >>/Reason()/Reference[<>/Type/SigRef>>]/SubFilter/adbe.pkcs7.detached/Type/Sig>> 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- Publicly Released: Nov 19, 2019. SBA officials also noted that they plan to conduct these reviews on an ongoing basis. A WOSB that is at least 51% owned by one or more women who are "economically disadvantaged". Publicly Released: Jun 22, 2020. Women-Owned Small Business Program. (e) The contracting officer must check whether the apparently successful offeror filed all the required eligibility documents, and file a status protest if any documents are missing. The WOSB Program authorizes Federal contracting officers to restrict competition for an acquisition to WOSBs, provided that the following conditions are met: (1) The acquisition is for a good or service assigned a NAICS code in which SBA has determined that WOSBs are substantially underrepresented; (2) There is a reasonable expectation that at least two WOSBs will submit offers; … (g) If the contracting officer rejects a recommendation by SBA's Procurement Center Representative -. APTAC Staff article. Consequently, GAO maintains that its prior recommendations should be addressed. The Women-Owned Small Business program aims to give these businesses an edge when competing for federal contracts in industries where women have traditionally been underrepresented. A complete listing of these codes can be found in the WOSB Federal Contract Program regulations, which are available on the … As part of their May 2019 analysis, SBA identified federal agencies that had used ineligible NAICS codes.
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