Effective immediately, this class deviation supersedes and revises Class Deviation 2021-O0002, issued on December 17, 2020. Specifically, this class deviation provides an updated email address (WOSBpendingcertification@sba.gov) for contracting officers to use to contact the Small Business Administration (SBA) to verify the eligibility of the apparently successful offeror for a procurement set aside under the Women-Owned Small Business (WOSB) Program, when that offeror has a pending application.
Contracting officers shall use the following procedure in lieu of the procedures at Federal Acquisition Regulation (FAR) 19.1503(b) through (d) to verify the eligibility of a concern for a set-aside or sole-source award under the WOSB Program. Contracting officers shall verify in the Dynamic Small Business Search (DSBS) that the concern is designated as an economically disadvantaged women-owned small business concern (EDWOSB) or as a WOSB concern eligible for the WOSB Program. A concern is not eligible for a set-aside or sole-source award under the WOSB program unless designated as either an EDWOSB or WOSB in DSBS. DSBS is available at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm.
For offers on EDWOSB or WOSB set-asides only, the contracting officer shall verify in DSBS that the concern either is designated as an EDWOSB or WOSB or has an application pending with the SBA or one of its authorized third-party certifiers. If the concern becomes the apparently successful offeror while its EDWOSB or WOSB application is pending, the contracting officer shall notify the SBA’s Director of Government Contracting by email at WOSBpendingcertification@sba.gov, who will ensure priority review of the application by either the SBA or the third-party certifier, as applicable, and complete a determination within 15 calendar days of receipt by the SBA. If a determination is not received within that timeframe, the contracting officer may either grant an extension, or presume the concern is not an eligible EDWOSB or WOSB and make award to another offeror.
This procedure implements revisions made by the SBA to its regulation at part 127 of title 13, Code of Federal Regulations concerning status as an EDWOSB concern or as WOSB concern eligible under the WOSB Program. Specifically, the SBA no longer requires concerns to upload documents to the WOSB Repository. Instead, the SBA will designate a concern in DSBS as an EDWOSB concern or a WOSB concern eligible for the WOSB Program, based on its own certification process or the certification of an SBA-approved third-party certifier. Upon publication of a final rule for FAR Case 2020-013, both the FAR and System for Award Management (SAM) will be updated to align with these revisions.
This class deviation remains in effect until the FAR and SAM are updated to align with SBA’s revisions, or until the class deviation is otherwise rescinded.
|Effective Date:||March 11, 2021 (2 months ago)|
|Expire Date:||None Given|