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Contracting Officers are Granted Authority to Restrict Competition to Eligible Women-Owned Small Businesses!!!

Posted by David Rose | Dec 21, 2015 | 0 Comments

The basic premise of the new rule is the following: 

Sole Source Awards

Under the proposed rule, an agency may make a sole source award to a WOSB or EDWOSB where:

  1. the solicitation's NAICS code is in an industry designated by the SBA as “underrepresented” or “substantially underrepresented” by women;
  2. the contracting officer expects only one WOSB/EDWOSB will submit an offer;
  3. the anticipated value of the contract (including options) will not exceed $6.5M for a manufacturing contract or $4M for any other contract;
  4. the contracting officer believes that the award can be made at a fair and reasonable price; and
  5. the contracting officer finds that the proposed awardee is a responsible contractor.
  6. If the requirement is valued at or below the simplified acquisition threshold, the contracting officer may set aside the requirement or award the requirement on a sole source basis.

See Text and Rule Here

About the Author

David Rose

David A. Rose, Esq., is a senior member of the firm practicing throughout the United States and internationally based in Duluth (Atlanta) Georgia. In addition to Federal Contracts and Procurement law, he assists companies and corporations with business formation issues (LLCs, Domestic Corporations, Joint Ventures, Teaming Arrangements, 8(a) and Small Disadvantaged Applications to SBA, MentorProtégé, Affiliation and Ostensible Subcontractor Issues, etc.) and with the establishment of subsidiary entities in foreign locations from the Caribbean to the Mid and Far East. With more than 20 years of experience, the former Deputy General Counsel (Deputy Staff Judge Advocate) of the Air Force Center for Engineering and Environmental Excellence, oversaw the legal program for execution of over $4 Billion in Federal contracts each year. Dave has served at senior positions in Korea, Japan, Germany, Great Britain and the Pentagon and now brings that breadth of knowledge and experience to the commercial sector. His background is complemented by degrees in chemistry, mathematics, a jurisdoctorate, and post doctoral degrees in environmental law and procurement law from George Washington University. He was most recently selected as the 2011 SAME National Industry Small Business Advocate. He is active in the State Bar of Georgia, US Court of Federal Claims, US Tax Court, Armed Services Board of Contract Appeals, Fulton County Bar Association, the Society of American Military Engineers, the American Society of Civil Engineers, and the Judge Advocates Association. He currently holds the active rank of Lt Col in the United States Air Force Reserves and the position of Deputy Staff Judge Advocate (Cat A) to the Headquarters, United States Air Force Reserves where he is one of the primary legal advisers to the Commanding Officer of the Air Force Reserves, Lt General Jackson.

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