8(m) Woman-owned Small Business Procurement Program Federal Contracting Program Overview and Ethics Lourdes Martin-Rosa, President, 8(a) EDWOSB, WBE, SBE, W/MBE Certified
Women’s Procurement Program 8(m) 2 The M in the 8(m) Women’s Procurement Program = “MONEY” for Women-owned small businesses. On February 4 th, the U.S. Small Business Administration (SBA) published a final rule aimed at expanding federal contracting opportunities for women-owned small businesses (WOSBs) and Economically-disadvantaged woman-owned small businesses (EDWOSB). This is a set aside program. There are 83 qualifying NAICS codes for this program with over 300 sub-NAICS. Learn how you can position your firm to obtain a piece of the $30 Billion set aside for this valuable program. If you’re not a woman, now’s the time to team with one.
Eligible Industry Categories Allows contracting officers to restrict competition to WOSBs in 83 industry categories, identified in the SBA commissioned RAND study. Based on four digit NAICS codes “Substantially Underrepresented” includes thirty‐eight (38) industries If the industry was classified as “substantially underrepresented,” all small women ‐owned businesses can participate. “Underrepresented” includes forty‐five (45) industries If the industry was classified as “underrepresented,” the business must show that i t is “economically disadvantaged.” 3
WOSB Requirements Must be a small business; SBA size standards apply. Women‐owned and controlled firm: 51% or more owned by one or more women, where the day‐to‐day and long‐term decisio ns are made by one or more women. Must be certified as a woman owned business by either a third part y approved by the SBA or self-certify by submitting relevant documents required by the program. 4
Economic Disadvantage Definition Industries in the “underrepresented” category require that the WOSB sho w that it is “economically disadvantaged.” To qualify as “economically disadvantaged,” a business owner must show t hat: Personal Net Worth does not exceed $750,000. Personal Income does not exceed $350,000 averaged over the preceding three y ears. Fair Market Value of All Assets does not exceed $6 million. Spousal Financial Condition is considered where a spouse has a role in t he business (e.g. officer or employee) and/or has a financial interest in the business. 5
Contract Qualifications Size of the contracts eligible for restricted competition: (under review) $5 million for manufacturing contracts $3 million for other goods and services Contracting officer must determine that there is a reasonable expectation that two or more WOSBs will submit offers for the contract. The price of the contract that is awarded must be fair and reasonable. Joint ventures are possible, so long as the WOSB manages the contract and 51% of t he profits go to the WOSB. Contracts currently being performed by an 8(a) are not eligible. Sole‐source contracts are not a part of this program. (under review) 6
Steps to Follow 7 1. Learn the rules and whether you qualify first: Read SBA's WOSB Program Compliance Guide and supporting documents for the 8(m) Program. THEN you'll know whether you qualify, and, if so, what documents you'll need to have ready for the next step. 2. If you qualify, get your documents & required licenses, WOSB certifications together. You'll be uploading these documents soon in The SBA GLS Repository System 3. Set up your GLS account on SBA's web site: Go to Click on "Instructions for GLS" to find out what to do next Select "Request SBA User ID" and create your account. 4. Log into your GLS account, enter the WOSB Program Area, and upload your documents. 5. If you're already in CCR & ORCA update your records to reflect your certification. If you have not yet registered to do business with the federal government, register and complete your CCR profile in
Enforcement Any business that falsely certifies or misrepresents the status of the business to procure contracts under the women’s procurement program will be disba rred. A “status protest” may be filed with the SBA’s Office of Hearing and Appeals i f the contracting officer or other third parties dispute the eligibility of a business or a contract that was awarded to a small business. SBA can conduct site visits without notification. 8
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Questions??? Lourdes Martin-Rosa President, Government Business Solutions and American Express OPEN VIP Advisor in Government Contracting