Amendment 5 WOSB Clarification_0005.docx

REHABILITATE MORAN WATER TRANSMISSION LINES & REPLACE MORAN WELLS, PMIS 198970 & 249646 Amendment 2, 140P1420R0006, 11/13/2020 Q&A stated:

Does the WOSB set aside for the GRTE Rehabilitate Moran Water System SOL accept self-certified and certified WOSB in SAM? Contractors must be registered as a WOSB in SAM when the CO receives their proposal. Follow the process on the SBA site and be sure your records are transmitted to SAM.

Amendment 5, 140P1420R0006, 1/11/2021: The above answer from amendment 2 requires the following clarification:

An offer can only be made by an SBA-certified WOSB, or by a concern that represents it has submitted a complete application to SBA or a third-party certifier and has not received a negative determination regarding that application from SBA or the third-party certifier. Because the acquisition is a WOSB set aside, the CO can award only to a WOSB whose status is certified or determined by SBA. Recent SBA regulations and procedures removed the self-certification option for WOSBs.

In order for a WOSB to submit an offer for this WOSB set-aside requirement, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract, and either be a certified WOSB, or represent that it has submitted a complete application for WOSB certification to SBA or a third-party certifier and has not received a negative determination regarding that application from SBA or the third party certifier.

If a WOSB concern that has provided the representation described above (that it has submitted a complete application and has not received a negative determination), and then, after evaluation, becomes the apparent successful offeror, the CO should follow this process.

(1) If a concern becomes the apparent successful offeror while its application for WOSB certification is pending, the contracting officer must immediately inform SBA’s Director of Government Contracting. SBA will then prioritize the concern’s WOSB application and make a determination regarding the firm’s status as a WOSB within 15 calendar days from the date that SBA received the contracting officer’s notification.

(2) If the contracting officer does not receive an SBA determination within 15 calendar days after the SBA’s receipt of the notification, the contracting officer may presume that the apparently successful offeror is not an eligible WOSB and may make award accordingly, unless the contracting officer grants an extension to the 15-day response period.

Action required by concerns providing a proposal for this RFP:

A. If your previously submitted a proposal and it is otherwise unchanged, submit the signed amendment and one of the following:

1. Evidence that your firm is an SBA-certified WOSB; or

2. Evidence that your firm has submitted a complete application to SBA or a third-party certifier and has not received a negative determination regarding that application from SBA or the third-party certifier.

B. Otherwise, submit a new, complete proposal per the instructions to offerors and one of the following:

1. Evidence that your firm is an SBA-certified WOSB; or

2. Evidence that your firm has submitted a complete application to SBA or a third-party certifier and has not received a negative determination regarding that application from SBA or the third-party certifier.

Please note that the following applies to all proposals submitted in response to this RFP: The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within 60 calendar days after the date offers are due.