What is the Women Owned Small Business Certification?
The Women Owned Small Business Certification (WOSB) and the Economically Disadvantaged Women Owned Business (EDWOSB) certifications are programs newly created by the Small Business Administration (SBA). The new programs are intended to provide greater access to federal contracting opportunities for WOSBs and EDWOSBs. The Program allows contracting officers, for the first time, to set aside specific contracts for certified WOSBs and EDWOSBs and will help federal agencies achieve the existing statutory goal of five percent of federal contracting dollars being awarded to WOSBs.
What are the requirements to be certified as a Women-Owned Small Business?
To be certified as a WOSB, a firm must be 51 percent owned and controlled by one or more women, and primarily managed by one or more women. The women owners must be U.S. citizens. The firm must be “small” in its primary industry in accordance with SBA’s size standards for that industry.
In order for a WOSB to be deemed “economically disadvantaged,” its owners must demonstrate economic disadvantage in accordance with the requirements set forth in the final rule.
The WOSB must be engaged in business in one of the 83 industries (identified by “NAICS” codes) in which women-owned small businesses are under-represented or substantially under-represented in federal procurements. The 83 NAICS codes can be found at the following link:
http://www.sba.gov/sites/default/files/files/gc_wosb_naics_grids.pdf
How do I obtain the WOSB and/or EDWOSB certifications?
Eligible firms may self certify as WOSB and/or EDWOSB or be certified by third-party certifiers, including government entities (such as the SBA or Department of Transportation DOT) and private certification groups. WOSBs which self-certify will be required to submit to a robust certification verification.
What steps must firms take to obtain certification?
- WOSBs must register with the CCR (Central Contractor Registration) at www.ccr.gov. Firms may enter their small business profile information on the Dynamic Small Business Search page. Creating a profile in CCR and the Dynamic Small Business Search, and keeping it current, helps provide access to Federal contracting opportunities.
- WOSBs must complete the certifications at the federal Online Representation and Certification Application (ORCA) Web site, and also to submit a core set of eligibility-related documents to an online “document repository” to be maintained by the SBA. Each agency’s contracting officers will have full access to this repository.
- The SBA intends to engage in a significant number of program examinations to confirm eligibility of individual WOSBs.
- In the event of a contract protest or program review, the SBA has the authority to request substantial additional documentation from the WOSB to establish eligibility.
- SBA intends to pursue vigorously punitive action against ineligible firms which seek to take advantage of this program and in so doing to deny its benefits to the intended legitimate WOSBs.
If my firm is already DBE certified must I recertify as a WOSB and/or EDWOSB?
The quick answer is yes. There are enough dissimilarities between the DOT’s DBE program and the WOSB that its pretty clear that SBA’s requirements will not be met with a DBE certification alone. Accordingly, every WOSB or EDWOSB must satisfy the regulatory requirements wether they are certified through private third party certification, 8(a) certification, DOT DBE certification, or any other certification. SBA has determined that it will evaluate each DOT DBE certifier on an individual basis. SBA will review the state and local entity’s Uniform Certification Program (UCP) to determine if the WOSB Program requirements can be met with the UCP.
Once SBA approves a DOT DBE Program certifier, SBA will maintain a list of approved state and local entities from which it will accept DOT DBE certifications on SBA’s Internet Web site at http://www.sba.gov. Any interested person may also obtain a copy of the list from the local SBA district office or SBA Area Office for Government Contracting.
At Kleiner & Cazeau we are prepared to assist eligible firms in obtaining EDWOSB certification, appealing certification denials, defending eligible firms in bid protests or initiating bid protests against firms not eligible to participate in the program. If you are interested in obtaining EDWOSB certification or have questions or concerns about the program please call us at (305) 517-1392 ext 102.
