19.1503  Status.

(a)  Status as an economically disadvantaged women-owned small business (EDWOSB) or WOSB concern is determined in accordance with 13 CFR part 127.

(b)  The contracting officer shall verify that the offeror--

(1)  Is registered in Central Contractor Registration (CCR);

(2)  Is self-certified in the Online Representation and Certifications Application (ORCA); and

(3)  Has submitted documents verifying its eligibility at the time of initial offer to the WOSB Program Repository. The contract shall not be awarded until all required documents are received.

(c)

(1)  An EDWOSB or WOSB concern that has been certified by an SBA approved third party certifier, (which includes SBA certification under the 8(a) Program), must provide the following eligibility requirement documents--

(i)  The third-party certification;

(ii)  SBA's WOSB Program Certification form (SBA Form 2413); and

(iii)  The joint venture agreement, if applicable.

(2)  An EDWOSB or WOSB concern that has not been certified by an SBA approved third party certifier or by SBA under the 8(a) Program, must provide the following documents:

(i)  The U.S. birth certificate, naturalization documentation, or unexpired U.S. passport for each woman owner.

(ii)  The joint venture agreement, if applicable.

(iii)  For limited liability companies, Articles of organization (also referred to as certificate of organization or articles of formation) and any amendments, and the operating agreement and any amendments.

(iv)  For corporations, articles of incorporation and any amendments, by-laws and any amendments, all issued stock certificates, including the front and back copies, signed in accord with the by-laws, stock ledger, and voting agreements, if any.

(v)  For partnerships, the partnership agreement and any amendments.

(vi)  For sole proprietorships, corporations, limited liability companies and partnerships if applicable, the assumed/fictitious name certificate(s).

(vii)  SBA's WOSB Program Certification form (SBA Form 2413).

(viii)  For EDWOSB concerns, in addition to the above, the SBA Form 413, Personal Financial Statement, available to the public at http://www.sba.gov/tools/Forms/index.html, for each woman claiming economic disadvantage.

(d)

(1)  A contracting officer may accept a concern's self-certification as accurate for a specific procurement reserved for award under this subpart if--

(i)  The apparent successful WOSB or EDWOSB offeror provided the required documents;

(ii)  There has been no protest or other credible information that calls into question the concern's eligibility as an EDWOSB or WOSB concern; and

(iii)  There has been no decision issued by SBA as a result of a current eligibility examination finding the concern did not qualify as an EDWOSB or WOSB concern at the time it submitted its initial offer for an EDWOSB or WOSB requirement.

(2)  The contracting officer shall file a status protest in accordance with FAR 19.308 if--

(i)  There is information that questions the eligibility of a concern; or

(ii)  The concern fails to provide all of the required documents to verify its eligibility.

(e)  If there is a decision issued by SBA as a result of a current eligibility examination finding the concern did not qualify as an EDWOSB or WOSB concern, the contracting officer may terminate the contract, and shall not exercise any option nor award further task or delivery orders. The contracting officer shall not count or include the award toward the small business accomplishments for an EDWOSB or WOSB concern and must update FPDS from the date of award.

(f)  A joint venture may be considered an EDWOSB concern or WOSB concern if it meets the requirements of 13 CFR 127.506.

(g)  An EDWOSB or WOSB concern that is a non-manufacturer, as defined in 13 CFR 121.406(b), may submit an offer on an EDWOSB or WOSB requirement with a NAICS code for supplies, if it meets the requirements under the non-manufacturer rule set forth in that regulation.