New rules around the corner for WOSBs and EDWOSBs

On May 11, 2020, SBA finally published its regulations to implement a statutory requirement to certify Women- Owned Small Business Concerns (WOSBs) and Economically Disadvantaged Women-Owned Small Business Concerns (EDWOSBs) participating in the Procurement Program for Women-Owned Small Business Concerns (the Program). The current self-certification process remains available until October 15, 2020. Beginning on July 15, 2020 (the effective date of this rule), contracts currently awarded to WOSBs/EDWOSBs who are self-certified may continue but, if a recertification requirement is triggered (e.g., within 120 days of the end of a 5-year contract), the company must represent that it is a certified WOSB or EDWOSB in order for the award to continue to count towards an agency’s WOSB goal. For new WOSB/EDWOSB set-aside contracts, a concern must be able to demonstrate that it has applied for certification before the date it submitted a bid, and that it has not previously sought and been denied certification. For new WOSB/EDWOSB sole-source contracts, a concern must already be certified at the time it seeks to obtain the sole-source contract. In both situations, the concern must be certified prior to award. There are several ways that a business may become certified, including through a no-cost application submitted to SBA. Companies may begin submitting applications for certification beginning July 15. Between now and July 15th, certified WOSBs must download their documentation that is currently in the WOSB Program Repository. In addition, concerns that are owned and controlled by women certified through the 8(a) BD Program, concerns that are third-party certified, and concerns that were subject to a program examination or status protest and received a positive decision in the three years prior July 15th will all be considered certified. If you would like more information on this program, or any other Federal Government contracting questions, we are here to help. Just contact us through our website, or call 732-380-7739.