SOLE SOURCE AUTHORITY

TELECONFERENCE

HOSTED BY:

WIPP PROCUREMENT COMMITTEE

www.WIPP.org

SOLE SOURCE AUTHORITY TELECONFERENCE

Ann Sullivan

WIPP Government Relations

©2014 WIPP All

Rights Reserved

BIG WOSB VICTORY

SOLE SOURCE AUTHORITY

 Passed in late December as final legislation of the 113 th

Congress

 Signed into law (P.L. 113-291) on Dec. 19th

 Regulatory process – SBA

 To see the legislation text and more information visit

WIPP’s Procurement Page

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BASICS OF THE WOSB PROGRAM

 2000: established to help achieve government’s 5% goal

 2007: was unacceptable: only 4 industry sectors, agency discrimination requirement

 2011: Became effective in for 1/3 rd of industry sectors

 Two Barriers:

1.

Dollar caps – removed in FY13 NDAA, implemented

June 2013

2.

Sole Source Authority

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COMPONENTS OF THE NEW LAW

 Changes to the WOSB Procurement Program

 Sole Source

 Certification Changes

 Expedited study by SBA of eligible industries

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SOLE SOURCE EXPLAINED

 Contracts up to $4 million for most industry codes and

$6.5 million for manufacturing can be sole sourced

 Contracting officer does not have a reasonable expectation that 2 or more WOSBs will submit offers

 Limited to any small business concern owned and controlled by women

 Applies to economically disadvantaged WOSBs as well as substantially underrepresented industries

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CERTIFICATION CHANGES

 Will replace self certification

 Entities that can certify: federal agency, a state government, the SBA or national certifying entity approved by SBA

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REGULATORY ACTIONS REQUIRED

 SBA generates proposed rule to implement statute

 Internal federal agency review

 SBA proposes rule for public comment

 Comments reviewed by SBA

 Final rule proposed –additional comment period

 FAR Council adopts

 Process includes:

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IMPLEMENTATION STRATEGY

 Expedite sole source implementation

 No new rulemaking language required

 Identical to 2 other statutes

 Put certification changes through standard regulatory process

 Not identical to any other program

 Given number of entities included in certification, and potentially new SBA certification, require extensive comment

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WHO SUPPORTS THIS STRATEGY

 WIPP letter to the SBA

 24 organizations

 A copy of the letter is available on WIPP’s website

 SBA

 Capitol Hill

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THANK YOU FOR PARTICIPATING!

For any questions please email Lin Stuart at

LStuart@wipp.org

www.wipp.org

©2014 WIPP All

Rights Reserved