[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12913-12924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4475]


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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.

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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.

[[Page 12914]]

    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 women-owned 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 
Program-specific 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 self-
certification 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-Prot[eacute]g[eacute] Program for WOSB Program
    Comment: One respondent commented that the Councils should consider 
a Mentor-Prot[eacute]g[eacute] Program for the WOSB Program. Such a 
program

[[Page 12915]]

already exists for the section 8(a) program. A Mentor-
Prot[eacute]g[eacute] 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-
prot[eacute]g[eacute] 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-Prot[eacute]g[eacute] 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 veteran-owned 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 ``Women-Owned 
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 women-owned 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

[[Page 12916]]

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 self-certification 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:

0
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]

0
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

0
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]

0
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]

0
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

0
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 set-aside, under subpart 
19.14 as a service-disabled 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]

0
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.

0
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

[[Page 12917]]

an award is anticipated to a small business under the 8(a), HUBZone, 
SDVOSB, or WOSB Programs. * * *
* * * * *

0
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.

0
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, by-laws 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.

0
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

[[Page 12918]]

in accordance with 19.203 and subpart 19.5.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
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 [ballot] is, [ballot] 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: ------------
----.] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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: 
----------------.] Each EDWOSB concern participating in the joint 
venture shall submit a separate signed copy of the EDWOSB 
representation.
* * * * *

0
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) * * *
    -- (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)).
    -- (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)).
* * * * *

0
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 [ballot] is, [ballot] 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: ------------
----.] 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 [ballot] is, [ballot] 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: 
----------------.] Each EDWOSB concern participating in the joint 
venture shall submit a separate signed copy of the EDWOSB 
representation.
* * * * *

0
15. Amend section 52.219-29 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(3) ``EDWOSB concern'' and adding 
``apparent successful offeror'' in its place; and
0
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 Women-
Owned Small Business Concerns.

* * * * *

NOTICE OF SET-ASIDE FOR ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL 
BUSINESS CONCERNS APR 2012

* * * * *

0
16. Amend section 52.219-30 by--
0
a. Revising the date of the clause, paragraph (c), and the introductory 
text of paragraphs (d) and (e);
0
b. Removing from paragraph (e)(2) ``concern;'' and adding ``concern 
eligible under the WOSB Program;'' in its place;
0
c. Removing from paragraph (e)(3)(ii) ``WOSB as'' and adding ``WOSB 
concern eligible under the WOSB Program as'' in its place;
0
d. Revising paragraph (e)(5); and
0
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 Women-Owned Small Business Concerns 
Eligible Under the Women-Owned Small Business Program.

* * * * *

NOTICE OF SET-ASIDE FOR WOMEN-OWNED 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]

0
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]

0
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/

[[Page 12919]]

2010)'' and adding ``SF 1449 (Rev. 2/2012)'' and ``OF 347 (Rev. 2/
2012)'' in their place, respectively.


53.214  [Amended]

0
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]

0
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.

0
21. Revise section 53.301-1447 to read as follows:


53.301-1447   Solicitation/Contract

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[GRAPHIC] [TIFF OMITTED] TR02MR12.000


[[Page 12920]]


[GRAPHIC] [TIFF OMITTED] TR02MR12.001


0
22. Revise section 53.301-1449 to read as follows:


53.301-1449  Solicitation/Contract/Order for Commercial Items.

[[Page 12921]]

[GRAPHIC] [TIFF OMITTED] TR02MR12.002


[[Page 12922]]


[GRAPHIC] [TIFF OMITTED] TR02MR12.003


0
23. Revise section 53.302-347 to read as follows:


53.302-347   Order for Supplies or Services.

[[Page 12923]]

[GRAPHIC] [TIFF OMITTED] TR02MR12.004


[[Page 12924]]


[GRAPHIC] [TIFF OMITTED] TR02MR12.005

[FR Doc. 2012-4475 Filed 3-1-12; 8:45 am]
BILLING CODE 6820-C