FAR 52.219-29—Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns.
Plain-English Summary
FAR 52.219-29 is the contract clause used when the Government is conducting an Economically Disadvantaged Women-Owned Small Business (EDWOSB) set-aside or sole-source procurement, including certain set-aside portions of multiple-award contracts and certain orders placed under multiple-award contracts. It defines what an EDWOSB is, points to the SBA certification and eligibility framework in 13 CFR part 127, and explains the role of the WOSB Program Repository and DSBS in verifying eligibility. The clause also limits who may compete, distinguishes between set-aside and sole-source eligibility, and states that offers from ineligible concerns will not be considered. In addition, it addresses joint ventures, including when a joint venture may qualify as an EDWOSB concern, the size-status requirements for the venturers, and the minimum 40 percent performance requirement for the EDWOSB party or parties. In practice, this clause is both a competition notice and an eligibility gatekeeper: it tells offerors whether they may compete and tells contracting officers what to verify before award. It matters because a failure to meet the certification, ownership/control, or joint-venture performance rules can make an offer nonresponsive or ineligible for award.
Key Rules
Applies only to specific procurements
This clause applies only to EDWOSB set-asides, EDWOSB sole-source awards, set-aside portions of multiple-award contracts, and certain orders issued under multiple-award contracts. If the procurement is not one of those categories, the clause does not govern the competition.
EDWOSB definition is certification-based
An EDWOSB must be a small business that is at least 51 percent directly and unconditionally owned and controlled by one or more economically disadvantaged women who are U.S. citizens, and it must be certified as an EDWOSB under 13 CFR part 127. The clause also states that an EDWOSB automatically qualifies as a WOSB under the WOSB Program.
Set-asides and sole-source have different eligibility
For EDWOSB set-asides, offers may be solicited from certified EDWOSBs and, as stated in the clause, EDWOSBs with a pending certification application in DSBS. For EDWOSB sole-source awards, only certified EDWOSBs may be solicited.
Non-qualifying offers are excluded
Offers from concerns that do not meet the clause’s eligibility requirements will not be considered. The clause also states that any award under the solicitation will be made to a certified EDWOSB concern.
Joint ventures can qualify if rules are met
A joint venture may be treated as an EDWOSB concern if at least one venturer satisfies the EDWOSB criteria and the applicable SBA requirements, and each venturer is small under the solicitation’s size standard, or the protégé is small in an approved mentor-protégé joint venture.
EDWOSB must perform meaningful work
In a qualifying joint venture, the EDWOSB party or parties must perform at least 40 percent of the work performed by the joint venture. Their contribution must be substantive and cannot be limited to administrative functions.
Repository and DSBS support verification
The clause references the WOSB Program Repository as the secure system used to collect and share documents that verify eligibility, and DSBS as the place where a pending application may be reflected for set-aside eligibility. These systems support the contracting officer’s responsibility to confirm status.
Responsibilities
Contracting Officer
Use the clause only in the procurements covered by the rule, limit competition to eligible EDWOSB concerns as required, and verify that the apparent successful offeror is properly certified and otherwise eligible before award. For joint ventures, confirm that the venture structure and performance commitments satisfy the clause and the incorporated SBA requirements.
EDWOSB Offeror
Maintain the required ownership, control, and economic disadvantage status; obtain and keep the required SBA certification; and ensure its proposal accurately reflects eligibility. If proposing as a joint venture, ensure the venture meets the size, certification, and performance requirements and that the EDWOSB party will perform the required share of the work.
Joint Venture Members
Structure the joint venture so that at least one member qualifies as an EDWOSB and all members meet the applicable size-status rules. Ensure the joint venture agreement and performance plan support the required 40 percent EDWOSB workshare and that the EDWOSB contribution is more than administrative.
SBA
Administer the EDWOSB certification framework under 13 CFR part 127 and maintain the systems and rules used to verify eligibility. SBA’s certification and repository processes are central to determining whether a concern may compete or receive award.
Other Offerors
Refrain from submitting offers unless they meet the solicitation’s EDWOSB eligibility requirements. If not certified or otherwise eligible under the clause, they are not entitled to consideration in the covered competition.
Practical Implications
This clause is an eligibility filter, not just a notice. Contractors should confirm certification status early, because an ineligible offer will not be considered even if the price or technical proposal is strong.
The distinction between set-aside and sole-source matters. A firm that may be allowed to compete in a set-aside because of a pending application is not necessarily eligible for a sole-source award, which requires certification.
Joint ventures are a common compliance risk area. The parties must satisfy both the EDWOSB eligibility rules and the joint-venture performance rules, including the 40 percent work requirement and the prohibition on purely administrative participation.
Contracting officers should verify status in the relevant SBA systems and not rely solely on self-certification where the clause requires certification. Documentation in the WOSB Program Repository and DSBS can be critical to award defensibility.
Because the clause ties directly to 13 CFR part 127, users must read the FAR clause together with the SBA regulations. The FAR text gives the procurement rule, but the detailed ownership, control, certification, and joint-venture requirements come from SBA rules.
Official Regulatory Text
As prescribed in 19.1508 , insert the following clause: Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (a) Definitions. Economically disadvantaged women-owned small business (EDWOSB) concern as used in this clause, 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 and who are economically disadvantaged in accordance with 13 CFR part 127 , and is certified pursuant to 13 CFR 127.300 as an EDWOSB. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program. WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program. (b) Applicability . This clause applies only to— (1) Contracts that have been set aside for, or awarded on a sole-source basis to, EDWOSB concerns; (2) Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns; (3) Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505 (b)(2)(i)(F); and (4) Orders issued directly to EDWOSB concerns under multiple-award contracts as described in 19.504 (c)(1)(ii). (c) General. (1) For EDWOSB set-aside procurements, offers are solicited only from certified EDWOSB concerns or EDWOSB concerns with a pending application for certification in the Dynamic Small Business Search (DSBS). (2) For EDWOSB sole-source awards, offers are solicited only from certified EDWOSB concerns. (3) Offers received from other concerns will not be considered. (4) Any award resulting from this solicitation will be made to a certified EDWOSB concern. (d) Joint venture. A joint venture may be considered an EDWOSB concern if— (1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and paragraph (c)(3) of this clause, and 13 CFR 127.506(c) ; and (2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program. (e) In a joint venture that complies with paragraph (d) of this clause, the EDWOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the EDWOSB party or parties to the joint venture must be more than administrative functions. (End of clause)