48 C.F.R. § 19.1506

Current through May 31, 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.

48 C.F.R. §19.1506

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