FAR 19.1506

(a) A contracting officer shall consider a contract award to an EDWOSB concern on a sole-source basis (see 6.302-5 (b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5 ) provided none of the exclusions at 19.1504 apply and- (1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement; (2) The contracting officer does not have a reasonable expectation that offers would be received from two or more EDWOSB concerns; and (3) The conditions in paragraph (c) of this section exist. (b) A contracting officer shall consider a contract award to a WOSB concern (including EDWOSB concerns) eligible under the WOSB Program on a sole-source basis (see 6.302-5 (b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5 ) provided none of the exclusions at 19.1504 apply and- (1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement; (2) The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns (including EDWOSB concerns); and (3) The conditions in paragraph (c) of this section exist. (c) (1) The anticipated award price of the contract, including options, will not exceed- (i) $8.5 million for a requirement within the NAICS codes for manufacturing; or (ii) $5.5 million for a requirement within any other NAICS codes. (2) The EDWOSB concern or WOSB concern has been determined to be a responsible contractor with respect to performance. (3) The award can be made at a fair and reasonable price. (d) A contracting officer shall only award a sole-source contract to a concern that has been certified pursuant to 13 CFR 127.300 as an EDWOSB or WOSB eligible under the WOSB program. Contracting officers shall not request a status determination from SBA on pending applications for certification for EDWOSB or WOSB sole-source awards. (e) The SBA has the right to appeal the contracting officer’s decision not to make a sole-source award to either an EDWOSB concern or WOSB concern eligible under the WOSB program.

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