Legal Blog

The Federal Government Confirms That Women-Owned Small Businesses are Eligible to Compete for Large Value Contracts

By: REVÉE M. WALTERS, ESQ AND EDWARD J. TOLCHIN, ESQ.

Economically disadvantaged women-owned small business (EDWOSB) concerns, and eligible women-owned small business (WOSB) concerns are now eligible to compete for set-aside contracts of any dollar amount. Effective June 24, 2014, the government adopted as final, without change, its June 2013 interim rule, which removes the dollar limitations for set-asides to EDWOSBs and eligible WOSBs. Prior to the interim rule, which is now final, contracting officers could set aside contracts for EDWOSBs and eligible WOSBs only if the anticipated award price of the contract did not exceed $6.5 million for manufacturing contracts or $4 million for all other contracts. Now, contracting officers may set aside acquisitions for competition restricted to EDWOSBs and eligible WOSBs at any dollar level provided that the other requirements for a set-aside program are met. The previous dollar limitation was disadvantageous to EDWOSBs and eligible WOSBs because it substantially limited their access to federal contracting opportunities. It also, however, was disadvantageous to the government because the limitation made it more challenging for some federal agencies to comply with the mandate to award 5 percent of its prime and subcontract dollars to EDWOSBs and eligible WOSBs. This final rule will be seen as welcome confirmation for EDWOSBs and eligible WOSBs who can continue to compete for larger value federal contracts in industries with an underrepresentation of these businesses. Even more, the removal of the dollar amount limitation provides greater opportunities for these businesses to collaborate and partner with larger federal contractors to obtain larger value contracts. You can find a copy of the Federal Register announcement here. If you have any questions regarding EDWOSB or WOSB, contact Offit Kurman attorneys Revée Walters or Edward Tolchin at : Offit Kurman Women’s Connect Grouprwalters@offitkurman.com | 240.507.1768 Revée Walters is an associate in the areas of business litigation, landlord tenant law, and family law. She represents a wide variety of clients in mediations, agency proceedings, and state and federal court litigation. In her representation of clients in diverse and complex commercial and housing matters, her work involves public accommodation and fair housing litigation, breach of lease, breach of contract, securities fraud, shareholder disputes, and employment discrimination law. When working on family law matters, she dedicates her time to representing clients in matters including divorce, child custody and visitation, spousal and child support, property division and division of retirement benefits. She also handles prenuptial and post nuptial agreements, negotiating and drafting separation agreements, and post-judgment proceedings. Social Media Policyetolchin@offitkurman.com | 240-507-1769 Mr. Tolchin’s practice is focused on government contracting, cybersecurity, business litigation, and technology matters. In government contracting issues, Mr. Tolchin represents prime and subcontractors in contract negotiation and formation matters and in disputes involving both government and commercial business issues. He has been involved in procurement cases before many of the federal and state boards of contract appeal, Government Accountability Office, Small Business Administration, United States Court of Federal Claims, Court of Appeals for the Federal Circuit and other federal and state courts across the United States. His Business litigation practice involves large and small matters in federal and state courts and before numerous arbitration panels. In the technology arena, Mr. Tolchin has assisted in disputes, licensing, and business development matters for clients ranging from startups to Fortune 500 companies. You can also connect with Offit Kurman via FacebookTwitterGoogle+YouTube, and LinkedIn