FAR 6.207—Set-asides for economically disadvantaged women-owned small business (EDWOSB) concerns or women-owned small business (WOSB) concerns eligible under the WOSB Program.
Plain-English Summary
FAR 6.207 addresses when contracting officers may use a set-aside specifically for economically disadvantaged women-owned small business (EDWOSB) concerns or women-owned small business (WOSB) concerns that are eligible under the WOSB Program. It ties the set-aside authority to the statutory requirements in 15 U.S.C. 637(m) and points the reader to the program eligibility rules in FAR 19.1505. The section also clarifies that, unlike many other set-aside or sole-source actions, no separate justification and determination and findings (J&A) is required under Part 6 to use this authority. In practice, this means the WOSB Program itself supplies the legal basis for the set-aside, so contracting officers should focus on whether the requirement fits the program and whether the offerors are properly eligible. The section is short, but it is important because it confirms both the availability of the set-aside tool and the streamlined documentation approach for these acquisitions.
Key Rules
WOSB and EDWOSB set-asides allowed
Contracting officers may set aside solicitations for only EDWOSB concerns or WOSB concerns eligible under the WOSB Program. This authority exists to implement the statutory women-owned small business program requirements.
Eligibility must fit the program
The set-aside is limited to concerns that are eligible under the WOSB Program, with the detailed eligibility rules found in FAR 19.1505. A contracting officer must ensure the acquisition and the offerors meet the program’s requirements before using the set-aside.
No Part 6 J&A required
A separate justification and determination and findings is not required under FAR Part 6 to set aside a contract action for EDWOSB or eligible WOSB concerns. The program authority itself serves as the basis for the set-aside.
Responsibilities
Contracting Officer
Determine whether the acquisition may be set aside for EDWOSB or eligible WOSB concerns, verify that the requirement and prospective offerors satisfy the WOSB Program eligibility rules, and document the set-aside decision without preparing a separate Part 6 J&A.
Agency
Support implementation of the WOSB Program by ensuring acquisition personnel understand the set-aside authority and apply the related eligibility rules consistently.
EDWOSB/WOSB Concern
Demonstrate and maintain eligibility under the WOSB Program in order to compete for the set-aside and comply with the program’s ownership, control, and status requirements.
Practical Implications
This section makes WOSB and EDWOSB set-asides easier to use because the contracting officer does not need a separate Part 6 justification package.
The main risk is assuming a firm qualifies without checking the detailed eligibility rules in FAR 19.1505; an ineligible firm can undermine the set-aside.
Contracting officers should distinguish between EDWOSB-only and broader WOSB eligibility when structuring the solicitation, because the competition pool changes depending on the set-aside type.
Even though no Part 6 J&A is needed, the file should still show the basis for the set-aside decision and the eligibility determination.
This provision is practical for market research and acquisition planning: if the requirement can be met by eligible WOSB/EDWOSB firms, the set-aside can be used as a straightforward competition strategy.
Official Regulatory Text
(a) To fulfill the statutory requirements relating to 15 U.S.C. 637(m) , contracting officers may set aside solicitations for only EDWOSB concerns or WOSB concerns eligible under the WOSB Program (see 19.1505 ). (b) No separate justification or determination and findings is required under this part to set aside a contract action for EDWOSB concerns or WOSB concerns eligible under the WOSB Program.