FAR 52.219-30—Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.
Plain-English Summary
FAR 52.219-30 is the notice clause used when a procurement is reserved for, or awarded on a sole-source basis to, Women-Owned Small Business (WOSB) concerns eligible under the WOSB Program. It explains the key definitions that control eligibility, including what counts as a WOSB concern, the role of SBA certification, and the meaning of the WOSB Program Repository. It also states when the clause applies, including set-aside contracts, sole-source awards, portions of multiple-award contracts, and certain set-aside or direct orders under multiple-award contracts. The clause tells offerors who may compete, distinguishes between set-aside and sole-source competition rules, and makes clear that offers from ineligible concerns will not be considered. It also addresses joint ventures, including when a joint venture may qualify as a WOSB concern, the size-status requirements for the joint venture parties, and the minimum 40 percent performance requirement for the WOSB party or parties. In practice, this clause is a gatekeeping provision: it protects the integrity of the WOSB Program by limiting competition to eligible firms and by ensuring that the work is actually performed in a way that advances the program’s small-business and women-owned participation goals.
Key Rules
Eligibility depends on certification
A WOSB concern eligible under the WOSB Program must be a small business at least 51 percent directly and unconditionally owned and controlled by one or more women who are U.S. citizens, and it must be certified by SBA or an approved third-party certifier. A certified EDWOSB is automatically eligible as a certified WOSB.
Clause applies only to specific procurements
This clause is used only for WOSB set-asides, WOSB sole-source awards, set-aside portions of multiple-award contracts, and certain orders set aside for or issued directly to WOSB concerns under multiple-award contracts. It is not a general-purpose clause for all small-business actions.
Competition is limited to eligible firms
For WOSB set-asides, only certified WOSB concerns eligible under the program, or WOSB concerns with a pending certification application shown in DSBS, may be solicited. For WOSB sole-source awards, only certified WOSB concerns may be solicited, and offers from other concerns must not be considered.
Award must go to an eligible WOSB
Any award resulting from the solicitation must be made to a certified WOSB concern eligible under the WOSB Program. This means eligibility is not just a solicitation requirement; it is also a condition of award.
Joint ventures can qualify
A joint venture may qualify as a WOSB concern if at least one party meets the WOSB eligibility criteria and the joint venture satisfies the applicable SBA rules. Each party must qualify as small under the solicitation size standard, unless the joint venture is a mentor-protégé joint venture where the protégé is small under the solicitation size standard.
WOSB performance share is mandatory
In a qualifying joint venture, the WOSB party or parties must perform at least 40 percent of the work performed by the joint venture. Their work must be substantive and cannot be limited to administrative functions.
Responsibilities
Contracting Officer
Use the clause only when the acquisition is properly set aside for, or awarded sole-source to, WOSB concerns eligible under the WOSB Program. Limit solicitation and award consideration to eligible firms, verify that the awardee meets the clause’s eligibility requirements, and ensure joint venture arrangements satisfy the applicable SBA and performance requirements.
Contractor / Offeror
Confirm and maintain WOSB eligibility, including ownership, control, size status, and certification. For set-asides, ensure the firm is certified or has a pending application reflected in DSBS if permitted; for sole-source awards, ensure the firm is certified. If proposing as a joint venture, ensure the venture meets SBA rules and that the WOSB party performs at least 40 percent of the work.
Women-Owned Small Business Concern
Maintain direct and unconditional 51 percent ownership and control by one or more qualifying women U.S. citizens, keep certification current, and ensure the firm remains eligible throughout the procurement and performance period. If part of a joint venture, perform a meaningful share of the work rather than only administrative tasks.
SBA / Approved Third-Party Certifier
Certify WOSB concerns in accordance with 13 CFR part 127 and maintain the certification framework that contracting officers rely on to determine eligibility. SBA also administers the WOSB Program Repository and related eligibility verification processes.
Joint Venture Parties
Structure the joint venture so that it complies with SBA requirements, including size-status rules and any mentor-protégé requirements where applicable. Ensure the WOSB participant(s) perform at least 40 percent of the joint venture’s work and that the work is more than administrative in nature.
Practical Implications
This clause is an eligibility filter, so a proposal from an otherwise capable firm can be rejected if the firm is not properly certified or does not meet the WOSB ownership/control requirements.
Contracting officers should distinguish carefully between set-aside and sole-source actions: set-asides may allow a pending certification application in DSBS, but sole-source awards require a certified WOSB.
Joint ventures are allowed, but they are heavily regulated; the most common mistakes are failing the size-status test, failing to document compliance with SBA rules, or not meeting the 40 percent WOSB performance requirement.
Because offers from non-eligible concerns are not to be considered, offerors should verify their DSBS and certification status before submitting a proposal or quote.
The clause’s practical effect is to protect the integrity of the WOSB Program, so both sides should expect scrutiny of ownership, control, certification, and performance structure rather than relying on self-identification alone.
Official Regulatory Text
As prescribed in 19.1508 (b), insert the following clause: Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (a) Definitions. As used in this clause— Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127 ), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB. 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, WOSB concerns eligible under the WOSB Program; (2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program; (3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505 (b)(2)(i)(F); and (4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504 (c)(1)(ii). (c) General. (1) For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns with a pending application for certification status in the Dynamic Small Business Search (DSBS). (2) For WOSB sole-source awards, offers are solicited only from certified WOSB concerns. (3) Offers received from other concerns shall not be considered. (4) Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program. (d) Joint venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if— (1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and (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 WOSB 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 WOSB party or parties to the joint venture must be more than administrative functions. (End of clause)