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SBA Issues Final Rule On WOSB Contracting Program But Has Yet To Identify Eligible Industries


On October 1, 2008, the Small Business Administration issued both a proposed ( and a final rule ( regarding the Women-Owned Small Business (WOSB) contracting program. While the long-awaited final rule makes a few changes to the December 27, 2007, proposed rule, including clarifying that a contracting officer may award a contract or begin performance after receipt of a protest after determining that an award is necessary to protect the public interest, the final rule dodges the key issue and fails to identify those industries where set-aside acquisitions are authorized based on WOSB underrepresentation, and, instead, in the proposed rule, the SBA seeks comments on or before October 31, 2008, on the underlying data used to determine WOSB underrepresentation, including data identifying 31 NAICS codes in which WOSBs were either underrepresented or substantially underrepresented.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Marc F. Efron
Retired Partner – Washington, D.C.

Amy Laderberg O'Sullivan
Partner – Washington, D.C.
Phone: +1 202.624.2563

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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