Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 12913 

reasonableness when placing an order 

under a blanket purchase agreement 

(BPA) with hourly rate services. The 

final rule also removes the requirement 

for an ordering activity’s competition 

advocate to approve a contracting 

officer’s annual review of a single-award 

BPA prior to exercise of an option to 

extend the term of the BPA. This should 

benefit contractors because it removes a 

requirement that is considered to be a 

restriction on the use of FSS singleaward BPAs. 

Item IV—Socioeconomic Program 

Parity (FAR Case 2011–004) 

This rule adopts as final, with 

changes, an interim rule published in 

the Federal Register at 76 FR 14566 on 

March 16, 2011, which implemented 

section 1347 of the Small Business Jobs 

Act of 2010 (Pub. L. 111–240). Section 

1347(b) clarifies that there is no order of 

precedence among the small business 

socioeconomic programs. The FAR 

interim rule clarified the existence of 

socioeconomic parity and that 

contracting officers may exercise 

discretion when determining whether 

an acquisition will be restricted to small 

businesses participating in the 8(a) 

Business Development Program (8(a)), 

Historically Underutilized Business 

Zones (HUBZone) Program, ServiceDisabled Veteran-Owned Small 

Business (SDVOSB) Program, or the 

Women-Owned Small Business (WOSB) 

Program. This final rule may have a 

positive impact on small businesses as 

it presents the maximum practicable 

opportunity for small business concerns 

qualified under the socioeconomic 

programs to participate in the 

performance of contracts, and assist 

Federal agencies in meeting each of the 

Government’s small business 

contracting goals. 

Item V—Trade Agreements Thresholds 

(FAR Case 2012–002) 

This final rule adjusts the thresholds 

for application of the World Trade 

Organization Government Procurement 

Agreement and the Free Trade 

Agreements as determined by the 

United States Trade Representative, 

according to a formula set forth in the 

agreements. The threshold changes do 

not have significant cost or 

administrative impact, because they 

maintain the status quo by keeping pace 

with inflation. 

Item VI—New Designated Country 

(Armenia) and Other Trade Agreements 

Updates (FAR Case 2011–030) 

This final rule allows contracting 

officers to purchase the goods and 

services of Armenia without application 

of the Buy American Act if the 

acquisition is covered by the World 

Trade Organization Government 

Procurement Agreement. It also updates 

the lists of countries that are party to the 

Agreement on Trade in Civil Aircraft. 

This rule has no significant impact on 

small business concerns. 

Item VII—Government Property (FAR 

Case 2010–009) 

This final rule amends the FAR to 

clarify reporting, reutilization, and 

disposal of Government property and 

the contractor requirements under the 

Government property clause. The 

proposed rule was published on April 4, 

2011 (76 FR 18497). 

The rule specifically impacts 

contracting officers and contractors by 

clarifying disposal of Government 

property. The rule does not have a 

significant economic impact on small 

entities because the rule does not 

impose any additional requirements on 

small business. 

Item VIII—Technical Amendments 

Editorial changes are made at FAR 

19.812, 42.203, and 52.209–9. 

Dated: February 21, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Federal Acquisition Circular (FAC) 2005– 

56 is issued under the authority of the 

Secretary of Defense, the Administrator of 

General Services, and the Administrator for 

the National Aeronautics and Space 

Administration. 

Unless otherwise specified, all Federal 

Acquisition Regulation (FAR) and other 

directive material contained in FAC 2005–56 

is effective March 2, 2012, except for Items 

I, II, III, IV, and VII which are effective April 

2, 2012. 

Dated: February 17, 2012. 

Richard Ginman, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: February 15, 2012. 

Mindy S. Connolly, CPCM, 

Chief Acquisition Officer, U.S. General 

Services Administration. 

Dated: February 15, 2012. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. 2012–4457 Filed 3–1–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 2, 4, 6, 13, 14, 15, 18, 

19, 26, 33, 36, 42, 52, and 53 

[FAC 2005–56; FAR Case 2010–015; Item 

I; Docket 2010–0015, Sequence 1] 

RIN 9000–AL97 

Federal Acquisition Regulation; 

Women-Owned Small Business 

(WOSB) Program 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA have 

adopted as final, with changes, an 

interim rule amending the Federal 

Acquisition Regulation (FAR) to 

implement the Small Business 

Administration’s regulations 

establishing the Women-Owned Small 

Business (WOSB) Program. This rule 

authorizes the restriction of competition 

for Federal contracts in certain 

industries to economically 

disadvantaged women-owned small 

business (EDWOSB) concerns or WOSB 

concerns eligible under the WOSB 

Program. 

DATES: Effective Date: April 2, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Karlos Morgan, Procurement Analyst, at 

202–501–2364, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–56, FAR 

Case 2010–015. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

76 FR 18304 on April 1, 2011, to 

implement the Small Business 

Administration (SBA) regulations at 13 

CFR part 127 and the procedures 

authorized under section 8(m) of the 

Small Business Act, Public Law 85–536, 

(15 U.S.C. 637(m)). Seven respondents 

submitted comments on the interim 

rule. All respondents expressed support 

for the WOSB Program; however, some 

revisions to the WOSB Program were 

recommended. This final rule 

incorporates changes made in response 

to public comments as well as minor 

technical corrections. 

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12914 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 

On December 21, 2000, Congress 

enacted the Small Business 

Reauthorization Act of 2000 (Act), (Pub. 

L. 106–554). Section 811 of Appendix I 

of the Act amended the Small Business 

Act to provide for a procurement 

program for women-owned small 

business concerns. Today, this program 

is known as the Women-Owned Small 

Business (WOSB) Program. The purpose 

of the WOSB Program is to ensure that 

women-owned small business concerns 

have an equal opportunity to participate 

in Federal contracting and to assist 

agencies in achieving their womenowned small business concern 

participation goals. 

Under the WOSB Program, 

contracting officers may restrict 

competition for Federal contracts to 

small business concerns owned and 

controlled by women, under certain 

conditions, including but not limited to: 

(1) The procurement requirement is in 

an industry the SBA has determined to 

be underrepresented or substantially 

underrepresented by small business 

concerns owned and controlled by 

women; and (2) small business concerns 

owned and controlled by women 

participating in the WOSB Program 

have met the Program’s eligibility 

requirements. The contracting officer 

must expect that two or more concerns 

will submit offers; contract award will 

be made at a fair and reasonable price; 

and the anticipated award price of the 

contract (including options) will not 

exceed $6.5 million in the case of a 

contract assigned a North American 

Industry Classification System (NAICS) 

code for manufacturing, or $4 million, 

in the case of all other contracts. These 

figures are higher than the statute and 

SBA regulation figures because they are 

adjusted for inflation (see FAR 1.109). 

Section 3(n) of the Small Business Act 

(15 U.S.C. 632(n)) broadly defines a 

small business concern owned and 

controlled by women as one that is at 

least 51 percent owned by one or more 

women (or in the case of any publicly 

owned business, at least 51 percent of 

the stock is owned by one or more 

women) and whose management and 

daily business operations are controlled 

by one or more women. The 

Governmentwide goal for participation 

by small business concerns owned and 

controlled by women is 5 percent of the 

total value of all prime and subcontract 

awards (15 U.S.C. 644(g)). However, not 

all small business concerns owned and 

controlled by women are eligible to 

participate in the WOSB Program set 

forth in section 8(m) of the Small 

Business Act (15 U.S.C. 637(m)). 

The SBA established detailed criteria 

at 13 CFR 127.200, 127.201, 127.202, 

and 127.203 for the women-owned 

small businesses authorized under the 

Act to participate in the Program: 

EDWOSB concerns and WOSB concerns 

eligible under the WOSB Program. In 

contrast with the broader definition for 

women-owned small businesses 

provided at 15 U.S.C. 632(n), both 

EDWOSB concerns and WOSB concerns 

eligible under the WOSB Program must 

be no less than 51 percent 

unconditionally and directly owned by 

one or more women who are United 

States citizens. (Other WOSB Programspecific eligibility criteria are set forth 

in the SBA’s regulations and FAR 

subpart 19.15.) Thus, EDWOSB 

concerns and WOSB concerns eligible 

under the WOSB Program are actually 

subcategories of the larger group of 

women-owned small business concerns. 

II. Discussion and Analysis 

The Civilian Agency Acquisition 

Council and the Defense Acquisition 

Regulations Council (the Councils) 

reviewed the public comments in the 

development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments are provided as 

follows: 

A. Changes From the Interim Rule 

This final rule makes minor changes 

to the interim rule. The term ‘‘WOSB 

concern’’ is corrected to ‘‘WOSB 

concern eligible under the WOSB 

Program’’ in the FAR and in the 

Standard Forms. The relevant 

Paperwork Reduction Act burden 

control number is added to the list at 

FAR 1.106. 

B. Analysis of Public Comments 

1. The WOSB Program Should Be 

Modeled After Current SBA Programs 

Comment: One respondent 

commented that the WOSB Program 

should be modeled after current SBA 

programs and require either a selfcertification or an SBA Certification 

where eligibility appears on the firm’s 

Central Contractor Registration (CCR) 

database and Online Representations 

and Certifications Application (ORCA) 

profiles. 

Response: The WOSB Program 

adheres to the authorizing statute, 

section 811 of the Small Business 

Reauthorization Act of 2000, Public Law 

106–554, and SBA regulations. The 

statute permits both self-certifications 

by the concern and third-party 

certification from an entity approved by 

the SBA. In the SBA final rule the 

supporting legislative history stated that 

there was no intent to create a 

certification program similar to the one 

for the section 8(a) Business 

Development Program. 

2. The WOSB Program Repository Is 

Burdensome 

Comment: One respondent 

commented that the WOSB Program 

Repository is burdensome and to have 

companies register in CCR, ORCA and 

then a third system seems extraneous. 

Response: The WOSB Program 

Repository is SBA’s solution to facilitate 

the statutory requirement to provide 

documents verifying program eligibility. 

SBA established the repository so that 

WOSB concerns eligible under the 

WOSB Program and EDWOSB concerns 

would not have to submit documents 

each time they are the apparent 

successful offeror. The WOSB Program 

repository minimizes paperwork burden 

and increases oversight and program 

monitoring capabilities. 

3. The WOSB Program Requirement To 

Submit Additional (and Sensitive) 

Documents Could Create a Disincentive 

for the Use of the Program 

Comment: One respondent 

commented that the WOSB Program’s 

requirement to submit personal 

information and the additional reviews 

on behalf of the Government might 

create a disincentive to utilize the 

program and contracting authority to the 

fullest extent possible. 

Response: The certification and 

additional documentation requirements 

are necessary to meet the statutory 

provisions and regulatory requirements 

of the WOSB Program, and to ensure 

that only WOSB concerns eligible under 

the WOSB Program receive the benefits 

of the WOSB Program. 

4. Dollar Thresholds and Eligibility 

Requirements 

Comment: One respondent 

commented that the WOSB Program’s 

EDWOSB limits and eligibility 

requirements need to be re-evaluated as 

the $750,000.00 threshold may be too 

low. 

Response: The $750,000 personal net 

worth requirement was established by 

the SBA. See the SBA regulation at 13 

CFR 127.203 for limitations and for 

exclusions, e.g., primary personal 

residence, ownership interest in the 

EDWOSB concern, and retirement 

accounts. 

5. Mentor-Prote ́ge ́ Program for WOSB 

Program 

Comment: One respondent 

commented that the Councils should 

consider a Mentor-Prote ́ge ́ Program for 

the WOSB Program. Such a program 

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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 12915 

already exists for the section 8(a) 

program. A Mentor-Prote ́ge ́ Program 

would allow women-owned small 

businesses to learn from larger, more 

successful businesses. 

Response: Under the Small Business 

Jobs Act of 2010, Public Law 111–240, 

SBA was given the authority to establish 

mentor-prote ́ge ́ programs for small 

business concerns owned and 

controlled by service-disabled veterans, 

small business concerns owned and 

controlled by women, and HUBZone 

small business concerns modeled on the 

Mentor-Prote ́ge ́ Program of the SBA for 

small business concerns participating in 

programs under section 8(a) of the Small 

Business Act (15 U.S.C. 637(a)). 

6. Order of Precedence Among the 

WOSB Program and Other Small 

Business and Socioeconomic 

Contracting Programs 

Comment: One respondent 

commented that the interim rule 

implementing the WOSB Program did 

not revise FAR 19.203(c) to include 

WOSB concerns eligible under the 

WOSB Program in the list of programs 

to be considered before using a small 

business set-aside pursuant to FAR 

19.502–2(b). The interim rule, therefore, 

creates some uncertainty as to whether 

a contracting officer must first consider 

an acquisition under section 8(a), 

HUBZone, or service-disabled veteranowned small business programs before 

he or she can properly set-aside an 

acquisition for competition among 

WOSB concerns eligible under the 

WOSB Program or EDWOSB concerns. 

Response: The interim rule did revise 

FAR 19.203(c) by adding WOSB 

programs. 

7. ‘‘WOSB Concern’’ Is Used 

Interchangeably With ‘‘WOSB Concerns 

Eligible Under the WOSB Program’’ 

Comment: One respondent 

commented that FAR subpart 19.15 

appears to use the term ‘‘WOSB 

concern’’ interchangeably with ‘‘WOSB 

concerns eligible under the WOSB 

Program.’’ This is potentially confusing 

and may lead to a misrepresentation of 

eligibility by a non-eligible WOSB 

concern. 

Response: Where applicable, for 

clarity and consistency, references to 

WOSB concern were revised to add 

‘‘eligible under the WOSB Program.’’ 

8. Clarification Is Needed To 

Differentiate Between Eligibility Under 

the WOSB Program and Eligibility as a 

WOSB in General 

Comment: One respondent 

commented that the terms ‘‘WomenOwned Small Business Concern’’ and 

‘‘Women-Owned Small Business 

(WOSB) Concern Eligible under the 

WOSB Program’’ (in accordance with 13 

CFR 127) should be clarified. It was 

further suggested that the legislative and 

regulatory history for these definitions 

should be provided in the Background 

section of the Federal Register. 

Response: The ‘‘Background’’ of this 

final rule provides a brief legislative and 

regulatory history for the definitions of 

‘‘Women-Owned Small Business 

Concern’’ and ‘‘Women-Owned Small 

Business (WOSB) Concern Eligible 

under the WOSB Program.’’ A more 

expansive historical perspective can be 

found in the SBA’s proposed rule 

published in the Federal Register at 75 

FR 10030 on March 4, 2010, and final 

rule published in the Federal Register at 

75 FR 62258 on October 7, 2010. 

C. Other changes 

Other changes include a minor 

revision to the Optional Form (OF) 347, 

Order for Supplies and Services; 

Standard Form (SF) 1447, Solicitation/ 

Contract; and the SF 1449, Solicitation/ 

Contract/Order for Commercial Items, to 

add to the business classification for 

Women-Owned Small Business (WOSB) 

‘‘eligible under the WOSB Program.’’ 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

DoD, GSA, and NASA have prepared 

a Final Regulatory Flexibility Analysis 

(FRFA) consistent with the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. The 

FRFA is summarized as follows: 

This rule finalizes an interim rule that 

revised the FAR to implement section 8(m) 

of the Small Business Act, 15 U.S.C. 637(m), 

to provide a tool for Federal agencies to 

ensure equal opportunity, and thereby 

increases Federal procurement opportunities 

to Women-Owned Small Business (WOSB) 

concerns. 

The objective of the final rule is to assist 

Federal agencies in eliminating barriers to 

the participation by women-owned small 

business concerns in Federal contracting, 

thereby achieving the Federal Government’s 

goal of awarding five percent of Federal 

contract dollars to women-owned small 

business concerns, as provided in the Federal 

Acquisition Streamlining Act of 1994. 

There were no significant issues raised by 

the public in response to the Initial 

Regulatory Flexibility Analysis. No public 

comments were filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration in response to this rule. 

The Central Contractor Registration (CCR) 

database currently lists approximately 3,800 

Small Disadvantaged Businesses (SDBs) 

owned and controlled by one or more 

women. While DoD, GSA, and NASA 

acknowledge that there may be other womenowned small business concerns in existence 

other than those listed in the CCR as being 

certified by SBA as SDBs, it is difficult to 

envision more than 6,000 women-owned 

small business concerns that could meet 

SBA’s eligibility criteria and that are also 

ready, willing, and able to bid on 

Government contracts. 

In addition, not all areas of Federal 

procurement have been designated as 

underrepresented or substantially 

underrepresented, and opportunities in some 

of the qualified industries may be limited. 

Consequently, many otherwise-qualified 

EDWOSB and WOSB concerns eligible under 

the WOSB Program may not find it 

advantageous to pursue contract 

opportunities under these procedures. 

Contracting opportunities identified by 

Federal agencies as candidates to be set aside 

for WOSB concerns eligible under the WOSB 

Program (including EDWOSB concerns) will 

come from new contracting requirements and 

contracts currently performed by small and 

large business concerns. At this time, DoD, 

GSA, and NASA cannot accurately predict 

how the existing distribution of contracts by 

business type may change with this rule. 

DoD, GSA, and NASA determined that this 

rule imposes new reporting and 

recordkeeping requirements. The 

certification process described in 13 CFR 

Subpart C, 127.300 to 127.302, is an 

information collection. The certification 

process requires a concern seeking to benefit 

from Federal contracting opportunities 

designated for WOSB concerns eligible under 

the WOSB Program or EDWOSB concerns to 

verify its status by providing documents to 

the WOSB Program Repository, submitting a 

certification to the WOSB Program 

Repository, and representing its status in an 

existing electronic contracting system (i.e., 

Online Representations and Certifications 

Application (ORCA)). The WOSB concern 

eligible under the WOSB Program or 

EDWOSB concern will have to represent in 

ORCA that it meets each eligibility 

requirement of the program. Specifically, the 

WOSB concern eligible under the WOSB 

Program or EDWOSB concern will be 

required to submit certain documents 

verifying eligibility at the time of certification 

in ORCA (and every year thereafter). These 

documents will be submitted to a document 

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12916 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 

repository established by SBA. Further, the 

protest and eligibility examination 

procedures will require the submission of 

documents from those parties subject to a 

protest and eligibility examination. To 

reduce the burden on the WOSB concerns 

eligible under the WOSB Program or 

EDWOSB concerns, the same documents 

submitted at the time of certification will be 

used for the protests and eligibility 

examinations, except that for protests and 

eligibility examinations, SBA will also 

request copies of proposals submitted in 

response to a solicitation set-aside for WOSB 

concerns eligible under the WOSB Program 

or EDWOSB concerns and certain other 

documents and information to verify the 

status of an EDWOSB concern. Finally, this 

rule also requires the WOSB concerns 

eligible under the WOSB Program or 

EDWOSB concerns to retain copies of the 

documents submitted for a period of six (6) 

years. DoD, GSA, and NASA believe that any 

additional burden imposed by this 

recordkeeping requirement would be 

minimal since the firms would maintain the 

information in their general course of 

business. 

This final rule minimizes the significant 

economic impact on small entities by 

allowing WOSB concerns eligible under the 

WOSB Program, including EDWOSB 

concerns, to be certified by a Federal agency, 

a State government, or a national certifying 

entity approved by the SBA. WOSB concerns 

eligible under the WOSB Program, including 

EDWOSB concerns, may also self-certify 

eligibility status to the contracting officer 

through submission of the required 

documentation in accordance with standards 

established by SBA. An alternative approach 

would have been to require EDWOSB 

concerns and WOSB concerns eligible under 

the WOSB Program to apply for formal 

certification. This alternative approach was 

ruled out as unnecessary, not required by 

statute, and too costly. DoD, GSA, and NASA 

believe that eligibility examinations and 

protest procedures incorporated into this 

final rule will minimize the likelihood of 

fraud and misrepresentation of status as a 

WOSB concern eligible under the WOSB 

Program or an EDWOSB concern. DoD, GSA, 

and NASA have decided that allowing selfcertification and the option for firms to apply 

for certification from SBA-approved 

certifiers, when combined with random 

eligibility examinations and a formal protest 

procedure is a more viable approach than 

formal certification and greatly reduces the 

burden on small entities. 

Interested parties may obtain a copy 

of the FRFA from the Regulatory 

Secretariat. The Regulatory Secretariat 

has submitted a copy of the FRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies. The rule 

contains information collection 

requirements. The Office of 

Management and Budget (OMB) has 

cleared this information collection 

requirement under OMB Control 

Number 3245–0374, titled: 

‘‘Certification for the Women-Owned 

Small Business Federal Contract 

Program.’’ SBA’s request is discussed in 

detail in its proposed rule that 

published in the Federal Register at 75 

FR 10030 on March 4, 2010, and the 

final rule that published in the Federal 

Register at 75 FR 62258 on October 7, 

2010. 

List of Subjects in 48 CFR Parts 1, 2, 4, 

6, 13, 14, 15, 18, 19, 26, 33, 36, 42, 52, 

and 53 

Government procurement. 

Dated: February 21, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Interim Rule Adopted as Final With 

Changes 

Accordingly, the interim rule 

amending 48 CFR parts 2, 4, 6, 13, 14, 

15, 18, 19, 26, 33, 36, 42, 52, and 53, 

which was published in the Federal 

Register at 76 FR 18304 on April 1, 

2011, is adopted as final with the 

following changes: 

■ 1. The authority citation for 48 CFR 

parts 1, 2, 4, 18, 19, 52, and 53 

continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106, in the table 

following the introductory text, by 

adding in numerical sequence, FAR 

segment ‘‘52.219–29’’ and its 

corresponding OMB Control Number 

‘‘3245–0374’’, and FAR segment 

‘‘52.219–30’’ and its corresponding 

OMB Control Number ‘‘3245–0374’’. 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 3. Amend section 2.101, in paragraph 

(b)(2), in the definition ‘‘Women-Owned 

Small Business (WOSB) Program’’ by 

revising paragraph (3) to read as follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 

Women-Owned Small Business 

(WOSB) Program. * * * 

(3) Women-owned small business 

(WOSB) concern eligible under the 

WOSB Program means a small business 

concern that is at least 51 percent 

directly and unconditionally owned by, 

and the management and daily business 

operations of which are controlled by, 

one or more women who are citizens of 

the United States (13 CFR part 127). 

* * * * * 

PART 4—ADMINISTRATIVE MATTERS 

4.803 [Amended] 

■ 4. Amend section 4.803 by removing 

from the introductory text of paragraph 

(a)(42) ‘‘concerns or’’ and adding 

‘‘concerns eligible under the WOSB 

Program or’’ in its place. 

PART 18—EMERGENCY 

ACQUISITIONS 

18.117 [Amended] 

■ 5. Amend section 18.117 by removing 

‘‘concerns on’’ and adding ‘‘concerns 

eligible under the WOSB Program on’’ 

in its place. 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 6. Amend section 19.201 by revising 

paragraph (d)(10) to read as follows: 

19.201 General policy. 

* * * * * 

(d) * * * 

(10) Make recommendations in 

accordance with agency procedures as 

to whether a particular acquisition 

should be awarded under subpart 19.5 

as a small business set-aside, under 

subpart 19.8 as a section 8(a) award, 

under subpart 19.13 as a HUBZone setaside, under subpart 19.14 as a servicedisabled veteran-owned small business 

set-aside, or under subpart 19.15 as a 

set-aside for economically 

disadvantaged women-owned small 

business (EDWOSB) concerns or 

women-owned small business (WOSB) 

concerns eligible under the WOSB 

Program. 

* * * * * 

19.308 [Amended] 

■ 7. Amend section 19.308 by removing 

from paragraphs (h)(2)(i) and (h)(3)(iv) 

‘‘concern, and’’ and adding ‘‘concern 

eligible under the WOSB Program, and’’ 

in its place. 

■ 8. Amend section 19.501 by revising 

the second sentence of paragraph (c) to 

read as follows: 

19.501 General. 

* * * * * 

(c) * * * The contracting officer shall 

perform market research and document 

why a small business set-aside is 

inappropriate when an acquisition is 

not set aside for small business, unless 

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an award is anticipated to a small 

business under the 8(a), HUBZone, 

SDVOSB, or WOSB Programs. * * * 

* * * * * 

■ 9. Amend section 19.1500 by revising 

paragraph (b) and adding paragraph (c) 

to read as follows: 

19.1500 General. 

* * * * * 

(b) The purpose of the WOSB Program 

is to ensure women-owned small 

business concerns have an equal 

opportunity to participate in Federal 

contracting and to assist agencies in 

achieving their women-owned small 

business participation goals (see 13 part 

CFR 127). 

(c) An economically disadvantaged 

women-owned small business 

(EDWOSB) concern or WOSB concern 

eligible under the WOSB Program is a 

subcategory of ‘‘women-owned small 

business concern’’ as defined in 2.101. 

■ 10. Revise section 19.1503 to read as 

follows: 

19.1503 Status. 

(a) Status as an EDWOSB concern or 

WOSB concern eligible under the 

WOSB Program is determined in 

accordance with 13 CFR part 127. 

(b) The contracting officer shall verify 

that the offeror— 

(1) Is registered in Central Contractor 

Registration (CCR); 

(2) Is self-certified in the Online 

Representations and Certifications 

Application (ORCA); and 

(3) Has submitted documents 

verifying its eligibility at the time of 

initial offer to the WOSB Program 

Repository. The contract shall not be 

awarded until all required documents 

are received. 

(c)(1) An EDWOSB concern or WOSB 

concern eligible under the WOSB 

Program that has been certified by a 

SBA approved third party certifier, 

(which includes SBA certification under 

the 8(a) Program), must provide the 

following eligibility requirement 

documents— 

(i) The third-party certification; 

(ii) SBA’s WOSB Program 

Certification form (SBA Form 2413 for 

WOSB concerns eligible under the 

WOSB Program and SBA Form 2414 for 

EDWOSB concerns); and 

(iii) The joint venture agreement, if 

applicable. 

(2) An EDWOSB concern or WOSB 

concern eligible under the WOSB 

Program that has not been certified by 

an SBA approved third party certifier or 

by SBA under the 8(a) Program, must 

provide the following documents: 

(i) The U.S. birth certificate, 

naturalization documentation, or 

unexpired U.S. passport for each 

woman owner. 

(ii) The joint venture agreement, if 

applicable. 

(iii) For limited liability companies, 

Articles of organization (also referred to 

as certificate of organization or articles 

of formation) and any amendments, and 

the operating agreement and any 

amendments. 

(iv) For corporations, articles of 

incorporation and any amendments, bylaws and any amendments, all issued 

stock certificates, including the front 

and back copies, signed in accord with 

the by-laws, stock ledger, and voting 

agreements, if any. 

(v) For partnerships, the partnership 

agreement and any amendments. 

(vi) For sole proprietorships, 

corporations, limited liability 

companies and partnerships if 

applicable, the assumed/fictitious name 

certificate(s). 

(vii) SBA’s WOSB Program 

Certification form (SBA Form 2413 for 

WOSB concerns eligible under the 

WOSB Program and SBA Form 2414 for 

EDWOSB concerns). 

(viii) For EDWOSB concerns, in 

addition to the above, the SBA Form 

413, Personal Financial Statement, 

available to the public at http:// 

www.sba.gov/tools/Forms/index.html, 

for each woman claiming economic 

disadvantage. 

(d)(1) A contracting officer may accept 

a concern’s self-certification as accurate 

for a specific procurement reserved for 

award under this subpart if— 

(i) The apparent successful WOSB 

eligible under the WOSB Program or 

EDWOSB offeror provided the required 

documents; 

(ii) There has been no protest or other 

credible information that calls into 

question the concern’s eligibility as an 

EDWOSB concern or WOSB concern 

eligible under the WOSB Program; and 

(iii) There has been no decision 

issued by SBA as a result of a current 

eligibility examination finding the 

concern did not qualify as an EDWOSB 

concern or WOSB concern eligible 

under the WOSB Program at the time it 

submitted its initial offer. 

(2) The contracting officer shall file a 

status protest in accordance with 19.308 

if— 

(i) There is information that questions 

the eligibility of a concern; or 

(ii) The concern fails to provide all of 

the required documents to verify its 

eligibility. 

(e) If there is a decision issued by SBA 

as a result of a current eligibility 

examination finding that the concern 

did not qualify as an EDWOSB concern 

or WOSB concern eligible under the 

WOSB Program, the contracting officer 

may terminate the contract, and shall 

not exercise any option nor award 

further task or delivery orders. The 

contracting officer shall not count or 

include the award toward the small 

business accomplishments for an 

EDWOSB concern or WOSB concern 

eligible under the WOSB Program and 

must update FPDS from the date of 

award. 

(f) A joint venture may be considered 

an EDWOSB concern or WOSB concern 

eligible under the WOSB Program if it 

meets the requirements of 13 CFR 

127.506. 

(g) An EDWOSB concern or WOSB 

concern eligible under the WOSB 

Program that is a non-manufacturer, as 

defined in 13 CFR 121.406(b), may 

submit an offer on a requirement set 

aside for an EDWOSB concern or a 

WOSB concern eligible under the 

WOSB Program with a NAICS code for 

supplies, if it meets the requirements 

under the non-manufacturer rule set 

forth in that regulation. 

■ 11. Amend section 19.1505 by 

revising paragraphs (a), (c)(1), (d), and 

(f) to read as follows: 

19.1505 Set-aside procedures. 

(a) The contracting officer— 

(1) Shall comply with 19.203 before 

deciding to set aside an acquisition 

under the WOSB Program. 

(2) May set aside acquisitions 

exceeding the micro-purchase threshold 

for competition restricted to EDWOSB 

concerns or WOSB concerns eligible 

under the WOSB Program in those 

NAICS codes in which SBA has 

determined that WOSB concerns 

eligible under the WOSB program are 

underrepresented or substantially 

underrepresented in Federal 

procurement, as specified on SBA’s Web 

site at http://www.sba.gov/WOSB. 

* * * * * 

(c) * * * 

(1) Two or more WOSB concerns 

eligible under the WOSB Program 

(including EDWOSB concerns), will 

submit offers; 

* * * * * 

(d) The contracting officer may make 

an award, if only one acceptable offer is 

received from a qualified EDWOSB 

concern or WOSB concern eligible 

under the WOSB Program. 

* * * * * 

(f) If no acceptable offers are received 

from an EDWOSB concern or WOSB 

concern eligible under the WOSB 

Program, the set-aside shall be 

withdrawn and the requirement, if still 

valid, must be considered for set aside 

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in accordance with 19.203 and subpart 

19.5. 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 12. Amend section 52.212–3 by 

revising the date of the provision and 

paragraphs (c)(6)(ii), (c)(7)(i), and 

(c)(7)(ii) to read as follows: 

52.212–3 Offeror Representations and 

Certifications—Commercial Items. 

* * * * * 

OFFEROR REPRESENTATIONS AND 

CERTIFICATIONS—COMMERCIAL ITEMS 

APR 2012 

* * * * * 

(c) * * * 

(6) * * * 

(ii) It b is, b is not a joint venture that 

complies with the requirements of 13 CFR 

part 127, and the representation in paragraph 

(c)(6)(i) of this provision is accurate for each 

WOSB concern eligible under the WOSB 

Program participating in the joint venture. 

[The offeror shall enter the name or names 

of the WOSB concern eligible under the 

WOSB Program and other small businesses 

that are participating in the joint venture: 

llllllll.] Each WOSB concern 

eligible under the WOSB Program 

participating in the joint venture shall submit 

a separate signed copy of the WOSB 

representation. 

(7) * * * 

(i) It b is, b is not an EDWOSB concern, 

has provided all the required documents to 

the WOSB Repository, and no change in 

circumstances or adverse decisions have 

been issued that affects its eligibility; and 

(ii) It b is, b is not a joint venture that 

complies with the requirements of 13 CFR 

part 127, and the representation in paragraph 

(c)(7)(i) of this provision is accurate for each 

EDWOSB concern participating in the joint 

venture. [The offeror shall enter the name or 

names of the EDWOSB concern and other 

small businesses that are participating in the 

joint venture: llllllll.] Each 

EDWOSB concern participating in the joint 

venture shall submit a separate signed copy 

of the EDWOSB representation. 

* * * * * 

■ 13. Amend section 52.212–5 by 

revising the date of the clause and 

paragraphs (b)(24) and (b)(25) to read as 

follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

CONTRACT TERMS AND CONDITIONS 

REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS APR 2012 

* * * * * 

(b) * * * 

l (24) 52.219–29, Notice of Set-Aside for 

Economically Disadvantaged Women-Owned 

Small Business (EDWOSB) Concerns (4/2/12) 

(15 U.S.C. 637(m)). 

l (25) 52.219–30, Notice of Set-Aside for 

Women-Owned Small Business (WOSB) 

Concerns Eligible Under the WOSB Program 

(4/2/12) (15 U.S.C. 637(m)). 

* * * * * 

■ 14. Amend section 52.219–1 by 

revising the date of the provision and 

paragraphs (b)(4)(ii) and (b)(5)(ii) to read 

as follows: 

52.219–1 Small Business Program 

Representations. 

* * * * * 

SMALL BUSINESS PROGRAM 

REPRESENTATIONS APR 2012 

* * * * * 

(b) * * * 

(4) * * * 

(ii) It b is, b is not a joint venture that 

complies with the requirements of 13 CFR 

part 127, and the representation in paragraph 

(b)(4)(i) of this provision is accurate for each 

WOSB concern eligible under the WOSB 

Program participating in the joint venture. 

[The offeror shall enter the name or names 

of the WOSB concern eligible under the 

WOSB Program and other small businesses 

that are participating in the joint venture: 

llllllll.] Each WOSB concern 

eligible under the WOSB Program 

participating in the joint venture shall submit 

a separate signed copy of the WOSB 

representation. 

(5) * * * 

(ii) It b is, b is not a joint venture that 

complies with the requirements of 13 CFR 

part 127, and the representation in paragraph 

(b)(5)(i) of this provision is accurate for each 

EDWOSB concern participating in the joint 

venture. [The offeror shall enter the name or 

names of the EDWOSB concern and other 

small businesses that are participating in the 

joint venture: llllllll.] Each 

EDWOSB concern participating in the joint 

venture shall submit a separate signed copy 

of the EDWOSB representation. 

* * * * * 

■ 15. Amend section 52.219–29 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (c)(3) 

‘‘EDWOSB concern’’ and adding 

‘‘apparent successful offeror’’ in its 

place; and 

■ c. Removing from paragraph (f) ‘‘An 

EDWOSB that’’ and adding ‘‘An 

EDWOSB concern that’’ in its place. 

The revised text reads as follows: 

52.219–29 Notice of Set-Aside for 

Economically Disadvantaged WomenOwned Small Business Concerns. 

* * * * * 

NOTICE OF SET-ASIDE FOR 

ECONOMICALLY DISADVANTAGED 

WOMEN-OWNED SMALL BUSINESS 

CONCERNS APR 2012 

* * * * * 

■ 16. Amend section 52.219–30 by— 

■ a. Revising the date of the clause, 

paragraph (c), and the introductory text 

of paragraphs (d) and (e); 

■ b. Removing from paragraph (e)(2) 

‘‘concern;’’ and adding ‘‘concern eligible 

under the WOSB Program;’’ in its place; 

■ c. Removing from paragraph (e)(3)(ii) 

‘‘WOSB as’’ and adding ‘‘WOSB concern 

eligible under the WOSB Program as’’ in 

its place; 

■ d. Revising paragraph (e)(5); and 

■ e. Removing from paragraph (f) 

‘‘WOSB that’’ and adding ‘‘WOSB 

concern eligible under the WOSB 

Program that’’ in its place. 

The revised text reads as follows: 

52.219–30 Notice of Set-Aside for WomenOwned Small Business Concerns Eligible 

Under the Women-Owned Small Business 

Program. 

* * * * * 

NOTICE OF SET-ASIDE FOR WOMENOWNED SMALL BUSINESS CONCERNS 

ELIGIBLE UNDER THE WOMEN-OWNED 

SMALL BUSINESS PROGRAM APR 2012 

* * * * * 

(c) General. (1) Offers are solicited only 

from WOSB concerns eligible under the 

WOSB Program. Offers received from 

concerns that are not WOSB concerns eligible 

under the WOSB program shall not be 

considered. 

(2) Any award resulting from this 

solicitation will be made to a WOSB concern 

eligible under the WOSB Program. 

(3) The Contracting Officer will ensure that 

the apparent successful offeror has provided 

the required documents to the WOSB 

Program Repository. The contract shall not be 

awarded until all required documents are 

received. 

(d) Agreement. A WOSB concern eligible 

under the WOSB Program agrees that in the 

performance of the contract for— * * * 

* * * * * 

(e) Joint Venture. A joint venture may be 

considered a WOSB concern eligible under 

the WOSB Program if— 

* * * * * 

(5) The procuring activity executes the 

contract in the name of the WOSB concern 

eligible under the WOSB Program or joint 

venture. 

* * * * * 

PART 53—FORMS 

53.212 [Amended] 

■ 17. Amend section 53.212 by 

removing ‘‘SF 1449, (Rev. 10/2010)’’ and 

adding ‘‘SF 1449 (Rev. 2/2012)’’ in its 

place. 

53.213 [Amended] 

■ 18. Amend section 53.213 by 

removing from paragraph (a) ‘‘SF 1449, 

(Rev. 10/2010)’’ and adding ‘‘SF 1449 

(Rev. 2/2012)’’ in its place; and by 

removing from paragraph (f) ‘‘SF 1449, 

(Rev. 10/2010)’’ and ‘‘OF 347, (Rev. 10/ 

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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 12919 

2010)’’ and adding ‘‘SF 1449 (Rev. 2/ 

2012)’’ and ‘‘OF 347 (Rev. 2/2012)’’ in 

their place, respectively. 

53.214 [Amended] 

■ 19. Amend section 53.214 by 

removing from paragraph (d) ‘‘SF 1447 

(Rev. 11/2010)’’ and adding ‘‘SF 1447 

(Rev. 2/2012)’’ in its place. 

53.236–1 [Amended] 

■ 20. Amend section 53.236–1 by 

removing from paragraph (e) ‘‘OF 347 

(Rev. 10/2010)’’ and adding ‘‘OF 347 

(Rev. 2/2012)’’ in its place. 

■ 21. Revise section 53.301–1447 to 

read as follows: 

53.301–1447 Solicitation/Contract 

BILLING CODE 6820–EP–P 


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■ 22. Revise section 53.301–1449 to 

read as follows: 

53.301–1449 Solicitation/Contract/Order 

for Commercial Items. 


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■ 23. Revise section 53.302–347 to read 

as follows: 

53.302–347 Order for Supplies or Services. 


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[FR Doc. 2012–4475 Filed 3–1–12; 8:45 am] 

BILLING CODE 6820–C 


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