The SBA issued a Final Rule today amending the FAR to remove the previous dollar limitation on small business set-asides under the Women-Owned Small Business program. The WOSB program allows contracting officers to restrict competition to either Women-Owned Small Businesses (“ WOSBs”) or Economically Disadvantaged Women-Owned Small Businesses (“EDWOSBs”) in certain industries as established by the SBA.* However, under the previous rule, contracting officers could only set aside an award for WOSBs or EDWOSBs where the anticipated award price did not exceed $6.5 million for manufacturing contracts, and $4 million for all other contracts. The new rule eliminates those dollar limitations.
Under the new rule, effective May 7, 2013, FAR § 127.503 allows contracting officers to restrict competitions:
- For EDWOSBs in an industry designated as underrepresented by the SBA*, and the contracting officer has a reasonable expectation that two or more EDWOSBs will submit offers and the contract award may be made at a fair and reasonable price.
- For WOSBs in an industry designated as underrepresented by the SBA*, and the contracting officer has a reasonable expectation that two or more WOSBs will submit offers and the contract award may be made at a fair and reasonable price.
* A copy of the list of designated industries applicable to the WOSB program may be downloaded here.