19.1505  Set-aside procedures.

(a)  The contracting officer may set-aside acquisitions exceeding the micro-purchase threshold for competition restricted to EDWOSB or WOSB concerns eligible under the WOSB Program in those NAICS codes in which SBA has determined that women-owned small business concerns are underrepresented or substantially underrepresented in Federal procurement, as specified on SBA's Web site at http://www.sba.gov/WOSB.

(b)  For requirements in NAICS codes designated by SBA as underrepresented, a contracting officer may restrict competition to EDWOSB concerns if the contracting officer has a reasonable expectation based on market research that--

(1)  Two or more EDWOSB concerns will submit offers for the contract;

(2)  The anticipated award price of the contract (including options) does not exceed $6.5 million, in the case of a contract assigned an NAICS code for manufacturing; or $4 million, for all other contracts; and

(3)  Contract award will be made at a fair and reasonable price.

(c)  A contracting officer may restrict competition to WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), for requirements in NAICS codes designated by SBA as substantially underrepresented if there is a reasonable expectation based on market research that--

(1)  Two or more WOSB concerns (including EDWOSB concerns), will submit offers;

(2)  The anticipated award price of the contract (including options) will not exceed $6.5 million, in the case of a contract assigned an NAICS code for manufacturing, or $4 million for all other contracts; and

(3)  Contract award may be made at a fair and reasonable price.

(d)  The contracting officer may make an award, if only one acceptable offer is received from a qualified EDWOSB or WOSB concern.

(e)  The contracting officer must check whether the apparently successful offeror filed all the required eligibility documents, and file a status protest if any documents are missing. See 19.1503(d)(2).

(f)  If no acceptable offers are received from an EDWOSB or WOSB concern, the set-aside shall be withdrawn and the requirement, if still valid, must be considered for set aside in accordance with 19.203 and subpart 19.5.

(g)  If the contracting officer rejects a recommendation by SBA's Procurement Center Representative--

(1)  The contracting officer shall notify the procurement center representative as soon as practicable;

(2)  SBA shall notify the contracting officer of its intent to appeal the contracting officer's decision no later than five business days after receiving notice of the contracting officer's decision;

(3)  The contracting officer shall suspend further action regarding the procurement until the head of the agency issues a written decision on the appeal, that there are urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract;

(4)  Within 15 business days of SBA's notification to the head of the contracting activity, SBA shall file a formal appeal to the head of the agency, or the appeal will be determined withdrawn; and

(5)  The head of the agency, or designee, shall specify in writing the reasons for a denial of an appeal brought under this section.