How to Challenge a Woman-Owned Business (WBE) Certification

By: Danielle Dietrich

Women’s Business Enterprise (WBE) Certification is a crucial tool for women-owned businesses to access additional contracts and opportunities. However, in cases where there are suspicions about the legitimacy of a WBE certification, there are procedures in place to challenge it while maintaining confidentiality.

To initiate a challenge to a WBE certification issued by WBENC, the challenge must meet specific criteria:

1. It must be submitted in writing.
2. It must be addressed to the Executive Director or President of the Regional Partner Organization (RPO) that certified the company.
3. It must include evidence that challenges the WBE's eligibility.

Upon receiving the challenge, the Executive Director or President of the RPO will assess its credibility based on the submitted evidence. If the challenge is deemed credible, the following steps typically occur:

1. The RPO notifies the WBE about the challenge and provides a summary of the reasons for the challenge.
2. The WBE is given an opportunity to respond with information and/or documentation to refute the challenge.
3. The Executive Director or President then communicates the preliminary determination to both parties in writing, along with the reasons for the decision.
4. There may be an option for a hearing before a final determination is made.
5. The final decision is communicated in writing to both parties and can be appealed to WBENC if necessary.

It's essential to provide detailed information and supporting evidence in your challenge for better chances of success. Simply suspecting that the woman is not running the business is usually not sufficient. Seeking professional assistance in preparing the challenge materials can be beneficial if this issue is significant to you or your business.

If you have questions about the WBE certification, please contact Danielle Dietrich, Esq. at ddietrich@potomaclaw.com or 412-449-9141.

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