Frequently Asked Questions
 

The WOSB Advocate acts as the agency’s liaison by developing policy and oversight to ensure that women-owned small businesses are provided the opportunity to participate in Army acquisitions.

The Army has over 200 Small Business Specialists located at individual installations throughout the United States. These specialists:

• provide training and marketing assistance to firms through personal contacts, various procurement conferences, and trade shows;
• meet periodically with prime contractors, procurement technical assistance representatives, and SBA representatives to discuss best practices and to initiate actions to increase awards to WOSBs;
• ensure that acquisition strategies identify possible opportunities for small businesses.

The Director of the Office of Small Business Programs periodically visits commanders of installations and executives of the top defense prime contractors, to discuss their Small Business Program and to emphasize the Army’s commitment to maximize opportunities for WOSBs.

The National goal for prime contract awards to WOSBs is 5%.

The Army was proud to be the first Federal agency to award more than $1 billion to WOSBs in fiscal year 2000. Since that time, we have increased our awards to over $4 billion in FY 2011. We continue to monitor our progress toward the 5% goal and encourage WOSBs to participate in Army procurement opportunities.

A firm should first determine if the Army buys their product or service. The Small Business Specialists located at our installations can assist firms in deciding if the Army has a requirement for the product that is being marketed. A firm should contact the installation located in their geographic area and visit the Small Business Specialist for that particular installation. Firms should also monitor www.fbo.gov, the web site where solicitations and special announcements are made.

WOSBs should take the following steps:

• Keep the company’s profile current in the System for Award Management;
• Attend local and national procurement conferences, particularly those that are sponsored by Government Agencies;
• Seek opportunities through the Army’s Mentor-Protégé Program;
• Monitor the Federal Business Opportunities web site and the Army web site for forecasts and special announcements

   

The Small Business Administration (SBA) is charged with implementing and administering the program. This means that SBA publishes regulations that provide the framework for the program, conducts eligibility examinations of WOSB and EDWOSBs, decides protests, conducts studies to determine eligible industries, and works with other Federal agencies in assisting WOSBs and EDWOSBs.

On December 21, 2000, Congress enacted the Small Business Reauthorization Act of 2000, Public Law 106-554. Section 811 of that Act added a new section 8(m), 15 U.S.C. 637(m), authorizing Federal contracting officers to restrict competition to eligible Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Business (EDWOSBs) for Federal contracts in certain industries.

The purpose of the WOSBFCP is to enable contracting officers to identify and establish a sheltered market for competition among WOSBs or EDWOSBs for the provision of goods and services to the Federal Government. Restricting competition to WOSBs and EDWOSBs increases their success to compete for and win federal contracts. The program also ensures a level playing field on which such small businesses can compete for Federal contracting opportunities.

Qualification as a WOSB To qualify as a WOSB, a concern must be: a small business not less than 51 percent unconditionally and directly owned and controlled by one or more women who are United States citizens.

Qualification as an EDWOSB An eligible business must be not less than 51 percent owned by one or more women who are “economically disadvantaged” (i.e. an EDWOSB). However, SBA may waive this requirement of economic disadvantage for industries in which WOSBs are “substantially underrepresented.” The ownership of the business must be direct as defined in (13 CFR 127.201(b) Requirement for unconditional ownership.

In order to be considered economically disadvantaged, your personal net worth must be less than $750,000, excluding your ownership interest in your business and your equity interest in your primary personal residence. Also, a woman is economically disadvantaged if she can demonstrate that her ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same or similar line of business.

In order to restrict or set-aside contracts for WOSBs or EDWOSBs:

• The contracting officer may restrict competition in industries where SBA has determined that WOSBs or EDWOSBs are underrepresented or substantially underrepresented in Federal procurement, as specified in §127.501. Based upon analysis, SBA will designate by NAICS Industry Subsector Code industries where WOSBs are underrepresented and substantially underrepresented.
• The contracting officer must have a reasonable expectation that two or more EDWOSBs or WOSBs will submit offers for the contract and the contract award price must not exceed $5 million in the case of manufacturing contracts and $3 million in the case of all other contracts.
• The contract can be awarded at a fair and reasonable price.

   

A complete listing of the Eligible Industry Codes for the WOSBFCP can be found on the SBA’s WOSBFCP web page www.sba.gov/wosb. You may also contact the SBA’s Office of Government Contracting Area Offices or the District Offices to obtain a list of eligible Industry Codes.

WOSBs and EDWOSBs must self-certify their status in the System for Award Management (SAM) as other small businesses do. WOSBs and EDWOSBs must also submit documents to the WOSB Program Repository. If the Repository is unavailable, documents must be submitted to the Contracting Officer if the WOSB or EDWOSB is selected as the apparent successful offeror. If someone falsely self certifies, misrepresents its status as an WOSB or EDWOSB or provides false information to the Government, the SBA or another Federal agency may propose to suspend and debar you pursuant to the procedures set forth in the FAR, 48 CFR 9.4. In addition, other penalties for criminal activities may be imposed.

The WOSB Program Repository is a document repository maintained by SBA to house the documents submitted by EDWOSBs and WOSBs that would verify the concern’s eligibility, to include copies of Third Party Certifications. The WOSB Repository is a secure, web-based environment that is accessible to the WOSB and EDWOSB, the contracting officer community and SBA. The contracting officer will be able to access the documents prior to contract award to review the submitted documents.

An eligibility examination is the formal process through which SBA verifies the accuracy of any certification made or information provided as part of the certification process or in connection with an EDWOSB or WOSB contract. An eligibility examination can be conducted at any time and is not tied to a particular solicitation or contract award. The statute also gives SBA the authority to conduct random eligibility examinations of WOSBs and EDWOSBs to minimize fraud and abuse.

SBA will notify you within five business days before commencing an examination. However, SBA may conduct a site visit without prior notification.

There is no term limit on program participation like there is in the 8(a) BD Program. You can receive WOSB Program contracts as long as you are eligible for the program and have met all of the requirements set forth in the regulations.

An EDWOSB or WOSB status protest is a challenge to eligibility status of the EDWOSB or WOSB concern in connection with a specific EDWOSB or WOSB requirement or contract.

You can file a protest with the contracting officer in person, by facsimile, by express delivery service, email, or by U.S. mail (received by the applicable date). The contracting officer or SBA must file the protest directly with the Director, Office of Government Contracting.

For assistance with the WOSBFCP, you may contact the SBA Answer Desk at:

1-800-U-ASK-SBA (1-800-827-5722)
Answer Desk TTY: (704) 344-6640

For specific questions about WOSB set aside contracts, you may contact the Federal agency contracting officer that is responsible for the contract and/or named in the contract documents. You may also visit SBA’s WOSB Federal Contract Program web page at www.sba.gov/wosb for more information about the program.