Women's Contracting Rule- WBEs MUST READ!

Women's Contracting Rule

On October 7, 2010, the U.S. Small Business Administration published a final rule effective February 4, 2011, aimed at expanding federal contracting opportunities for women-owned small businesses (WOSBs).

The Final Rule sets forth procedures authorized by the Small Business Act to help ensure a level playing field on which WOSBs can compete for Federal contracting opportunities, while helping achieve the existing statutory goal that 5 percent of Federal contracting dollars go to women-owned small businesses. The Final Rule sets forth the following:

* Based upon the analysis in a study commissioned by the SBA from the Kauffman-RAND Foundation (referred to as the Rand Report), the proposed rule identifies 83 industries (identified by 4 digit North American Industry Classification System, or NAICS, codes) in which women-owned small businesses are under-represented or substantially under-represented.
* In accordance with the statute, the Final Rule authorizes a set-aside of Federal contracts for WOSBs or economically disadvantaged women-owned small businesses (EDWOSBs) where the anticipated contract price does not exceed $5 million in the case of manufacturing contracts and $3 million in the case of other contracts, if certain other conditions are met.
* The Final Rule removes the requirement, set forth in a prior proposed version, that each Federal agency certify that it had engaged in discrimination against women-owned small businesses in order for the program to apply to contracting by that agency.
* The Final Rule allows WOSBs or EDWOSBs to self-certify their status or to be certified by third-party certifiers, including government entities and private certification groups.
* The Final Rule allows SBA to engage in program examinations to confirm eligibility of individual WOSBs or EDWOSBs.