WOMEN OWNED SMALL BUSINESS CONTRACTING PROGRAM April 25, 2012 Tom Linnertz North Dakota District Office, SBA (NDDO)
What We’ll be Talking About• Federal Spending and Goals• WOSB and EDWOSB Set-asides• WOSB Eligibility Requirements• Certification/Documentation• Examinations and Protests• WOSB and EDWOSB Contracts• Problems and Shortfalls.
Federal Small Business Spending 2010(FPDS Goaling Report - $432.3B available)• Small Business: $97.9B• Small Disadvantaged Business: $34.3B • 8(a) Business Development $ 18.5B• HUBZone Small Business $12.0B• Service Disabled Veteran SB: $10.8B• Women Owned Small Business: $17.5B
Federal Prime Contracting Small Business Goals Small Business 23% (22.7%). Small Disadvantaged Business & 8(a) 5% (8.0%). HUBZone Small Business 3% (2.8%). Service Disabled Veteran Owned Small Business 3% (2.5%). Woman Owned Small Business 5% (4.0%). Percentages taken from 2010 Goaling Report
Federal Prime Contracting 2010 WOSB Goalsand Accomplishment WOSB Goal: 5% WOSB Goal Accomplishment: 4.0% WOSB Dollars: $17.5 B WOSB Dollars @ 5%: $21.6 B WOSB Dollar Delta FY 2010: $4.1 B – Data taken from 2010 Goaling Report
Set-asides• Government can set requirement aside for: • Small Business • 8(a) Business Development Participants • HUBZone Small Business Concerns • Service Disabled Veteran Owned Small Business • Women Owned Small Business (WOSB) and Economically Disadvantaged Women Owned Small Business (EDWOSB).
Benefits Allof the benefits of the new WOSB Contracting Program are tied to the authority of the contracting officer to set-aside the requirement which limits the competition to WOSBs or EDWOSBs.
Eligible NAICS CodesSet-asides are only allowed under certain NAICS Codes identified by the RAND study. NAICS are found at www.sba.gov/wosb83 Industries 4-digit NAICS Codes (373 6-Digit NAICS Codes) 216 Underrepresented 157 Substantially Underrepresented 373 6 digit NAICS codes
Two Types of Set-asides • Requirements assigned NAICS Codes identified by RAND where WOSB are Underrepresented can be set- aside for Economically Disadvantaged WOSB (EDWOSB) • Requirements assigned NAICS Codes identified by RAND where WOSB are Substantially Underrepresented can be set-aside for WOSB.
WOSB Eligibility Requirements• Must be a small business based on the business’ primary NAICs code.• Not less than 51% unconditionally and directly owned and controlled by women who are U. S. citizens. • Unconditional ownership means that ownership must not be subject to any conditions, agreements, or other arrangements that could potentially cause ownership benefits to go to another. • Women must directly own 51% of the business. • Business owned by another entity owned by a woman does not qualify. • Control means the long term and the day to day operation of the business is controlled by women.
EDWOSB Eligibility Requirements• All of the WOSB requirement apply.• Additional requirements to be economically disadvantaged: • Personal net worth of less than $750,000 • Ownership interest in EDWOSB, primary personal residence, and IRAs excluded. • Adjusted gross income averaged for the previous three years does not exceed $350,000. • The fair market value of all assets cannot exceed $6 million.
WOSB Not Interested inWOSB or EDWOSB Set- Asides• Qualified WOSB that does not provide products services under eligible NAICs codes or are otherwise not interested in competing under WOSB or EDWOSB set-asides may continue to list themselves as a Women Owned Business (WOB) in CCR and self-certify in ORCA that they are WOB.• WOBs will not have to complete the longer self certification form or place any documents in the WOSB document repository.• Contract dollars awarded to these businesses through other contracting methods will continue to count towards an agencies’ WOSB goals.
Certification • SBA does not certify WOSB or EDWOSB. • Exception: Current 8(a) BD participants 51% owned and controlled by one or more women. • Self certification with supporting documentation. • Certifications from a SBA approved third party certifier: • Women’s Business Enterprise National Council • US Women’s Chamber of Commerce • National Women Business Owners Corporation • El Paso Hispanic Chamber of Commerce
Self Certification: All WOSB and EDWOSB• The EDWOSB or WOSB must register in the • Central Contractor Registration (CCR). www.ccr.gov • Online Representations & Certification Application (ORCA) https://orca.bpn.gov/• Supporting documents must be submitted to the WOSB Program Repository. • Repository accessed through SBA’s GLS Login system. • Provide a copy of a signed certification verifying its eligibility and stating all supporting documents are true and accurate. • Copies of all required supporting documentation.
Self Certification: (Cont’d)All WOSB and EDWOSB • The EDWOSB or WOSB must represent its status in the Online Representations and Certification Application (ORCA).
Required Supporting Documentation• If certified by an approved third party certifier: • A copy of third party certification. • SBAs WOSB Program Certification form (SBA Form 2413) • The joint venture agreement, if applicable.
Required Supporting Documentation • If self-certifying: • Birth certificates, unexpired passports. • The joint venture agreement, if applicable • For LLCs: Articles of Organization, amendments and Operating agreement • For corporations: Articles of organization or incorporation, by-laws, stock certificates, stock ledgers, voting agreements. • For partnerships: the partnership agreement and any amendments • Assumed/fictitious (DBA) certificates. • SBAs WOSB Program Certification form (SBA Form 2413). • For EDWOSBs: SBA Form 413.
Eligibility Examinations • Investigation that verifies the accuracy of any certification made or information provided as part of the certification process. • Examination may be performed: • As a result of a protest. • Based on information provided by a third party. • As a result of random sample of WOSBs/EDWOSBs. • SBA will notify firm, request specific documents and may perform a site visit.
Protest and Appeals • A WOSB or EDWOSB status protest is a challenge to the WOSB or EDWOSB status in connection with specific WOSB or EDWOSB requirement. • Only an interested party may file status protest. • Interested parties include other offerors, the CO, and the SBA. • Interested party must have specific and credible evidence showing a problem with the firm’s eligibility. • Non-interested parties may contact SBA and suggest eligibility examination. • Size protest from interested party are filed separately pursuant to 13 CFR 121.
Contract Requirements • Limitations of Subcontracting. • Supplying items manufactured by others (resellers). • Offers from a WOSB or EDWOSB joint venture.
Limitations of Subcontracting • The WOSB or EDWOSB must perform the following percentages of the cost of the contract for personnel with its own employees: • Services (excluding construction): 50% • Manufacturing: 50% • General Construction: 15% • Specialty trade construction: 25%
Resellers • A WOSB or EDWOSB may provide an item on a supply contract that it did not manufacture provided that: • The WOSB or EDWOSB has less than 500 employees and is primarily involved in wholesale or retail trade and normally sells the type of item being supplied. • The item was manufactured by a small business or a waiver to the non-manufacturer rule was obtained from SBA.
Joint Venture: Written Agreement • The WOSB or EDWOSB JV agreement must: • Designate the WOSB or EDWOSB as the managing venturer. • Designate an employee of the WOSB or EDWOSB as the project manager responsible for contract performance. • Stating that not less than 51% of the profits go to the WOSB or EDWOSB . • Stating that the WOSB or EDWOSB venturer must perform a significant portion of the contract.
Contracting Officers Responsibilities • Selects NAICs code for requirement. • Conduct market research and consider set-asides. • May set contract aside for WOSB or EDWOSB if (see FAR 19.15): • NAICS code is eligible. • Contract value is less than $6.5 million in manufacturing or $4 million in all other industries (including options). • Reasonable expectation of 2 or more offers by WOSBs or EDWOSB.
Contracting Officers Responsibilities (cont’d) • Solicitation is advertised in FedBizOpps • Includes 52.219-29 - EDWOSB or 52.219-30 - WOSB • Must check that the apparent successful offeror has proper certification in ORCA. • Notify the apparent successful offeror. • The successful WOSBs or EDWOSB will grant the CO access to business’s documents for 120 days.
Contracting Officers Responsibilities (continued) • Must certify he/she checked the WOSB repository and that all required documents are in the system (including certifications by Third Party certifiers). • If documents are inadequate initiate status protest. • Award Contract!
How is the Program Working so far • ? Last year - 3 out of 4 Small Business Contracts went to 72 of the Fed’s top 100 businesses. • IG has called on SBA to up it’s surveillance process. • (INC ) • Over the last decade women’s share of business revenues has dropped more than 10% (Based on a March 2012 report to congress by USWCC). • The same report stated the “Women’s Business Set- Aside Program Grievously Underutilized”
How is the Program Working so far • ? Roughly 1/3 of all business in the US is women-owned, yet the government has never met a 5% set aside goal. • FY 2011 Reports indicate WOSB set asides at 3.99% • YTD 2012 WOSB Set asides are at 3.3% • The authority for the program was created in 2000 and implemented in 2010A • Contracting Officers are struggling to implement the program.
What is Happening Now ? • New Regulations are out making Fraudulent Representation/Claims Extremely Costly • IG has called on SBA to overhaul its Surveillance to become effective & consistent • Women’s Procurement Improvement Act, H.R. 4203 • Remove the $4.0 & $6.5 million Cap on Set Asides for Women • Competitive Set Asides would be allowed in unlimited Amounts • Allow Sole Source Set Asides up to $4 million or 6.5 million for Manufacturing
What is Happening Now ? (Cont’d) • These would match the provisions for 8(a) and HUBZone & SDVOSB. • Certification would be easier • Rep Nydia Velazquez (D-NY) Says the current rules are “Nearly Unworkable” • NAICS Restrictions are considered for removal • SBA Certification Process would be stepped up by this bill. • This bill was approved by committee on March 22, 2012
The U.S. Women’s Chamber of Commerce (USWCC) has called for these changes in their report to Congress
Resources• At www.sba.gov/wosb • The Final Rule & History • FAQs • Fact Sheet • List of NAICS codes for the program • Compliance Guide for Small Entities • Program Guidelines for Contracting Officers • Approved self certification forms • Link (and instructions) to the repository• US Womens Chamber of Commerce Report to Congress March 2012.
Questions??? Minnesota District SBA Office Randall Czaia (612) 370-2314 firstname.lastname@example.org www.sba.gov/mn North Dakota District Office, SBA (NDDO) Tom Linnertz (701) 239-5131 x 215 Thomas.Linnertz@sba.gov www.sba.gov/nd