women-owned small business (wosb) federal contract program and jobs act update february 2012
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Women-Owned Small Business (WOSB) Federal Contract Program and Jobs Act Update February 2012. Topics for discussion. Overview of the WOSB program Eligibility requirements Certification and Repository Reviews & Protests Resources and Q&A Jobs Act Update - PowerPoint PPT PresentationTRANSCRIPT
Women-Owned Small Business (WOSB)Federal Contract Program and
Jobs Act Update
February 2012
1
Overview of the WOSB program
Eligibility requirements
Certification and Repository
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
2
Overview of Women-Owned Small Business program
3
Impact of this program
• Levels the playing field for WOSBs to compete for and win federal contracts
• Provides procuring agencies a tool to help meet their WOSB contracting goal (i.e., the Federal government must award 5% of its prime contracting dollars to WOSBs)
• Ultimately, the program helps create and retain more jobs for WOSBs
Program overview
The Women-Owned Small Business (WOSB) program authorizes contracting officers to set aside certain federal contracts for eligible:• Women-owned small businesses
(WOSBs) or• Economically disadvantaged women-
owned small businesses (EDWOSBs)
SBA is responsible for implementing and administering the program and the Federal Acquisition Regulatory Council is responsible for implementing SBA’s program regulations in the FAR (part 19)
Requirements for WOSB and EDWOSB Set Asides
WOSB Set Aside EDWOSB Set AsideIndustries • NAICS code assigned to
solicitation, IFB or quote is in an industry in which WOSBs are substantially underrepresented
(38 4-digit NAICS designated – pages 11-18 of complete list)
• NAICS code assigned to solicitation, IFB or quote is in an industry in which WOSBs are underrepresented
(45 4-digit NAICS designated – pages 1- 10 of complete list)
Rule of two • Contracting officer has reasonable expectation that 2 or more WOSBs will submit an offer
* Note: All EDWOSBs are WOSBs
• Contracting officer has reasonable expectation that 2 or more EDWOSBs will submit an offer
* Note: Not all WOSBs are EDWOSBs
Award price
• Anticipated award price including options does not exceed the statutory thresholds of $6.5M for manufacturing or $4M for other contracts
• Contract can be awarded at fair market price
Contracting officers may set aside contracts for WOSBs and EDWOSBs if they meet the following requirements:
A complete list of applicable NAICS codes can be found at www.sba.gov/wosb
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Additional key information about the WOSB program
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• The same subcontracting limitations that apply for small business set asides apply for the WOSB program
• A mentor-protégé program for the WOSBs could be implemented within the next year
• By statute, the WOSB program does not authorize sole source awards
Procurements valued from $3,000 to Simplified Acquisition Threshold (generally $150,000)
#1Small business, which includes HUBZone or 8(a) or SDVO SBC or WOSB/EDWOSB
#2Full and open competition (unrestricted; not set aside for one of the five major small business prime contracting programs)
Procurements valued over Simplified Acquisition Threshold (generally $150,000)
#1Consider HUBZone or 8(a) or SDVO SBC or WOSB/EDWOSB first
#2Small business set aside
#3Full and open competition (unrestricted; not set aside for one of the five major small business prime contracting programs)
Parity and the WOSB Program
6
Overview of the WOSB program
Eligibility requirements
Certification and Repository
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
7
Meet small business size standard for primary NAICS code and contract
At least 51% unconditionally and directly owned by women who are U.S. citizens*
The woman must manage the day-to-day operations
The woman must make the long-term decisions for the business
A woman must hold highest officer position
The woman must work at the business full-time during normal working hours
No minimum amount of time the business has been operational
Eligibility Requirements for WOSBs
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*We do not consider community property laws when looking at ownership.
Eligibility Requirements for EDWOSBs
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* Must be IRA or other official retirement account that is unavailable until retirement age without significant penalty** Select purposes are for that individual’s education, medical expenses or other essential support or to family member in recognition of special event
Same requirements as WOSBs (on previous page) PLUS:
Personal net worth (assets minus liabilities) is less than $750,000 excluding:• Ownership in business and primary personal residence• Income reinvested or used to pay taxes of business• Funds reinvested in IRA or other retirement account*• Transferred assets within two years if to or on behalf of immediate family
member for select purposes**
Adjusted gross income average over three years is $350,000 or less excluding:• Income reinvested or used to pay taxes of business
Fair market value of assets is $6 million or less excluding:• Funds reinvested in IRA or other official retirement account
Note: SBA will look at a spouse’s finances if the spouse has a role in the WOSB/EDWOSB, has lent money to or provided financial support (including credit or guarantee of loan) to the business. SBA may also look at spouse’s finances if both spouses are in same or similar line of business and businesses share names, websites, equipment and employees.
Requirements for Joint Ventures
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A WOSB/EDWOSB may submit an offer as a joint venture with another small business if the following requirements are met:
• Size: Combined annual receipts or employees of joint venture must meet NAICS code assigned to contract*
• EDWOSB/WOSB must be managing venturer
• EDWOSB/WOSB employee must be project manager responsible for performance of the contract
• EDWOSB/WOSB must receive at least 51% of net profits
• The joint venture agreement must be in writing
• Joint venture must meet subcontracting limitations
Note: Joint venture agreement does not have to be approved by SBA
*Unless exception in 13 C.F.R. §121.103(h)(3) applies.
Active 8(a) firms and the WOSB program
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An active 8(a) firm is eligible for the WOSB program if it also meets the following requirements:
At least 51% unconditionally and directly owned by women who are U.S. citizens*
The woman must manage the day-to-day operations
The woman must make the long-term decisions for the business
A woman must hold highest officer position
The woman must work at the business full-time during normal working hours
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• Resellers/nonmanufacturers can submit an offer if the NAICS code assigned to the requirement is in a designated industry and the nonmanufacturer meets the requirements in 13 C.F.R. § 121.406(b).
• The SBA did not designate any NAICS codes in sectors 42, 44, and 45 for contracting assistance under the WOSB Program because these NAICS codes cover wholesalers and retailers.
• Contracting officers cannot assign these NAICS codes to solicitations or contracts but must assign a solicitation or contract with the applicable manufacturing NAICS code (and then the provisions of the nonmanufacturer rule would apply to any offerors that are nonmanufacturers of the items being supplied).
Nonmanufacturers
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Other key information about the WOSB program
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Does the WOSB have to perform any particular amount of work on a WOSB or EDWOSB contract or can it subcontract most of it out?
Yes, the WOSB has to perform a certain amount of the work. This is often referred to as the limitations on subcontracting because it limits how much work a small business can subcontract out. These limits for this program are:• For service contracts (that are not construction), the
WOSB/EDWOSB must perform at least 50% of the cost of the contract for personnel with its own employees.
• For supply contracts (if you are the manufacturer), the WOSB/EDWOSB must perform at least 50% of the cost of manufacturing the supplies or products (not including the cost of materials).
• For general construction contracts, the WOSB/EDWOSB must perform at least 15% of the cost of the contract with your own employees (not including cost of materials).
• For specialty construction contracts, the WOSB/EDWOSB must perform at least 25% of the cost of the contract with your own employees (not including cost of materials).
Overview of the WOSB program
Eligibility requirements
Certification and Repository
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
14
15
WOSB program certification
Self Certification
Third Party Certification
Free, no cost Register in CCR as WOSB or EDWOSB Compile and upload all required documents to the
repository Represent status in ORCA
Register in CCR as WOSB or EDWOSB Obtain certification from an SBA-approved
Third Party Certifier Compile and upload all required documents to the
repository Represent status in ORCA
There are two ways to certify for the WOSB program:
• Self certification with supporting documents, or
• Third Party Certification with
supporting documents
SBA has approved 4 third party certifiers to date:• El Paso Hispanic Chamber of Commerce• National Women Business Owners Corporation• US Women’s Chamber of Commerce• Women’s Business Enterprise National Council
(WOSB only)
WOSB Program Repository - Overview
What is the WOSB Repository? • By statute, documents verifying a WOSB/EDWOSBs
eligibility must be submitted to the contracting officer (CO)• Rather than have WOSBs submit documents to the CO, the
SBA has created a document warehouse• A WOSB’s documents in the repository can be accessed
only by the WOSB, SBA and the CO (only if the firm gives the CO permission to access the documents).
How do I get to the repository?• Through the SBA’s General Login System - Detailed
instructions of how to sign-up and use the Repository are in the Appendix of this presentation
What do I, as a Contracting Officer, need to do with the repository?• All COs should register in the Repository so a WOSB can
grant you access to their documents• COs must verify that the apparent successful offeror
submitted all required documents to the repository
General Login System (GLS): https://eweb.sba.gov/gls
WOSB Program Repository
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WOSB Program Repository – What to look for
Birth certificates, naturalization papers, unexpired passports to verify U.S. citizenship
Copy of JV agreement (if applicable) Copy of WOSB/EDWOSB Certification (OMB approved form) DBA certificate Corporate information relating to verifying ownership by a
woman or women EDWOSBs: All of above and SBA Form 413, Personal
Financial Statement for each woman claiming economic disadvantage.
Copy of Third Party Certification from an SBA Approved Third Party Certifier
Copy of JV agreement (if applicable) Copy of WOSB/EDWOSB Certification (OMB approved form)
What documents do I need to look for in the Repository?
Self Certification
Third Party Certification
Copy of initial 8(a) Certification Copy of WOSB/EDWOSB Certification (OMB approved form)
Active 8(a) firms
There is a Checklist in the back of the Contracting Officer’s Guide that outlines the documents to look for:
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Overview of the WOSB program
Eligibility requirements
Certification and Repository
How to set-aside a WOSB/EDWOSB contract
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
18
19
Reviews and Protests
Eligibility Examinations Protests
SBA may investigate the accuracy of any certification or representation made
SBA will conduct regular reviews of firms who have self-certified and obtained third party certification
A review will involve evaluation of documents uploaded in the repository and SBA may request additional documents and perform a site visit
SBA may investigate the accuracy of any certification or representation made as it relates to a specific WOSB/EDWOSB set aside
Only an interested party, SBA or a contracting officer may submit a protest
A protest must be submitted to the contracting officer within certain timeframe Can only protest the ownership, control and
economic disadvantage requirements Size protests are handled under 13 C.F.R. part 121
SBA reviews each protest and makes a final decision, which may be appealed to the Office of Hearings and Appeal
Any WOSB/EDWOSB found to be non-compliant must remove their designation in CCR and ORCA and contracting officer shall not award them a contract
SBA is committed to ensuring only eligible WOSBs benefit from the WOSB program; therefore, we utilize the following tools to ensure compliance with WOSB program requirements:
Overview of the WOSB program
Eligibility requirements
Certification and Repository
How to set-aside a WOSB/EDWOSB contract
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
20
Resources and Q&A
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There are a number of resources available to help answer questions about the program:
Visit our website: www.sba.gov/wosb You will find the latest information about the program on this site,
including the Contractor Officer’s Guide for the WOSB program
Visit a local resource: Small Business District Offices
Find your local office at: http://www.sba.gov/about-offices-list/2 Women’s Business Centers
Find your local center at: http://www.sba.gov/content/womens-business-centers Small Business Development Centers
Find your local center at: http://www.asbdc-us.org/ Procurement Technical Assistance Centers
Find your local center at: http://www.aptac-us.org/new/
Email Assistance: [email protected]
Questions?
Overview of the WOSB program
Eligibility requirements
Certification and Repository
How to set-aside a WOSB/EDWOSB contract
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
22
• Defines Multiple Award Contract. JA §1311• multiple award IDIQ contract entered into under 41 USC 253h-
253k• any other multiple award IDIQ contract
• Requires guidance the addresses the (JA § 1331):• set aside of part or parts of a multiple award contract for small
business; • notwithstanding fair opportunity requirements, set aside of orders
placed against multiple award contracts for small businesses; and • reserve of one or more contract award(s) for small businesses under
full and open competition multiple award procurements.
Small Business Set-Asides and Reserves
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FAR issued interim final rule on November 2, 2011 (effective that date) at 76 FR 68032 ◦ Comments extended until February 3, 2012
FAR amended:◦ FAR Subpart 8.4 to clarify that agencies may set-asides
orders and blanket purchase agreements under the GSA Schedule;
◦ FAR Subpart 16.5 to clarify that agencies may set-aside orders for SBCs in connection with multiple award contracts The CO is not required to issue a justification for this exception to
fair opportunity
Small Business Set-Asides and Reserves cont’d
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FAR also amended FAR Subpart 19.5 to authorize agencies to: ◦ set aside part or parts of a multiple-award contract for SBCs,
including set-asides for small business concerns under the 8(a), HUBZone, SDVOSB and the WOSB Programs;
◦ set-aside orders placed against multiple-award contracts for SBCs, including small businesses in the 8(a), HUBZone, SDVOSB, and WOSB Programs; and
◦ reserve one or more contract awards for SBCs, including small businesses in the 8(a), HUBZone, SDVOSB, and WOSB Programs, under full and open multiple-award procurements.
Small Business Set-Asides and Reserves cont’d
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FAR 8.405-5(a)(2) states that when setting aside orders and BPAs against the Schedule:◦ The specific small business program eligibility requirements identified in part
19 apply.
FAR 16.505(b)(2)(i)(F) states that when setting aside orders for small business concerns: ◦ The specific small business program eligibility requirements identified in part
19 apply.
What does this mean? Examples:◦ Offer and acceptance requirements apply for 8(a) set-aside◦ Dollar thresholds apply (e.g., 8(a) set-aside threshold)◦ Joint venture requirements
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Small Business Set-Asides and Reserves cont’d
FAR also amended◦ Current contract clauses re: set-asides to address this new
authority This means that subcontracting limitations and NMR apply to these
set-asides and reserves
FAR added a new clause◦ 52.219-13 which states that the CO will give notice of which
orders, if any, to be set aside under a multiple award contract
Small Business Set-Asides and Reserves cont’d
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SBA must review 1/3 of its size standards every 18 months and must conduct a complete review every 5 years. SBA has issued the following rules to date: Proposed to increase small business size standards for 20 industries and one sub-industry in NAICS Sector 53,
Real Estate and Rental and Leasing (76 FR 70680). ◦ The deadline for submission of comments ended on January 17, 2012.
Proposed to increase small business size standards for nine industries in NAICS Sector 61, Educational Services (76 FR 70667). ◦ The deadline for submission of comments ended on January 17, 2012.
Proposed to increase small business size standards for 15 industries in NAICS Sector 51, Information (76 FR 63216). ◦ The deadline for submission of comments ended on December 12, 2011.
Proposed to increase small business size standards for 37 industries in NAICS Sector 56, Administrative and Support, Waste Management and Remediation Services (76 FR 63510). ◦ The deadline for submission of comments ended on December 12, 2011.
Proposed to increase small business size standards for 22 industries in NAICS Sector 48 49, Transportation and Warehousing (76 FR 27935). ◦ The comment period ended on July 12, 2011.
Proposed to increase small business size standards for 35 industries and one sub-industry in NAICS Sector 54, Professional, Scientific and Technical Services and one industry in NAICS Sector 81, Other Services (76 FR 14323). ◦ The comment period ended on June 15, 2011.
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Size Standard Review
Overview of the WOSB program
Eligibility requirements
Certification and Repository
How to set-aside a WOSB/EDWOSB contract
Reviews & Protests
Resources and Q&A
Jobs Act Update
Appendix – User guide for GLS and WOSB Repository
Topics for discussion
29
To log onto the General Login System (GLS), go to: https://eweb.sba.gov/gls
Request access by clicking
“Request SBA User ID”
Click here for instructions on how
to use GLS
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When you click “Request SBA User ID,” fill in all the blue highlighted fields
Create your own user ID
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Must click Zip look up to autofill
State
When you click “Request SBA User ID,” fill in all the blue highlighted fields (cont’d)
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.
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Once you have a user ID and password, log into GLS
Enter your Information
and hit “Login”
General Login System Web Address:https://eweb.sba.gov/gls/
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Read the Terms and Conditions and click OK
Click “OK”
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Once in GLS, Click on the Access Button to gain entry to the Women Owned Small Business (WOSB) Repository
Click Access to gain entry to WOSB Repository
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Select the Federal Agency Contract Officer role for the WOSB Repository
Click WOSBPRMake sure “Business Owner” is selected
Click Submit
Click ‘Submit’
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After SBA approves your access, the WOSB Repository will be listed as one of your currently available applications
Click WOSBPR to enter the repository
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Once you are in the WOSB Repository, read the disclaimer
Read Disclaimer and Directions on how to
use WOSBPR
Click “Help” for additional help features
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How to view a firm’s 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
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NOTE – if you have not yet been authorized by any firms, you will
not see anything on this page
How to view a firm’s uploaded documents (Cont.)
Click on any document to download and view
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How to use the Solicitation View
You may also view firms by searching solicitations. Click
“Solicitation View” to see solicitations.
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How to use the Solicitation View (Cont’d)
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.
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