SOLE SOURCE AUTHORITYTELECONFERENCE

HOSTED BY:WIPP PROCUREMENT COMMITTEE

www.WIPP.org

Ann Sullivan

WIPP Government Relations

©2014 WIPP All Rights Reserved

SOLE SOURCE AUTHORITY TELECONFERENCE

BIG WOSB VICTORYSOLE SOURCE AUTHORITY

Passed in late December as final legislation of the 113th 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

3

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 1/3rd of industry sectors

Two Barriers:

1. Dollar caps – removed in FY13 NDAA, implemented June 2013

2. Sole Source Authority

4

COMPONENTS OF THE NEW LAW

Changes to the WOSB Procurement Program

Sole Source

Certification Changes

Expedited study by SBA of eligible industries

5

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

6

CERTIFICATION CHANGES

Will replace self certification

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

7

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:

8

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

9

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

10

THANK YOU FOR PARTICIPATING!

For any questions please email Lin Stuart at LStuart@wipp.org

www.wipp.org

©2014 WIPP All Rights Reserved