If you are a woman-owned small business (WOSB) or an economically disadvantaged woman-owned small business (EDWOSB) that has been certified by the Small Business Administration (SBA) or an approved third-party certifier to participate in the WOSB Federal Contract Program, you should be aware of your ongoing obligations to SBA. Failing to meet these obligations could result in losing your certification or facing penalties for misrepresentation.
One of your main obligations is to recertify your eligibility to SBA every year or every three years, depending on how you obtained your certification. You must recertify within 30 days of the anniversary date of your original certification. If you do not recertify, SBA may propose you for decertification and remove you from the System for Award Management (SAM) and the Dynamic Small Business Search (DSBS) databases, which could affect your ability to compete for WOSB or EDWOSB contracts.
Another obligation is to notify SBA of any material changes that could affect your eligibility within 30 calendar days of such changes. Material changes include, but are not limited to, changes in ownership, business structure, or management. You must notify SBA in writing and upload the notification and supporting documents into your profile with SBA. If you fail to notify SBA of a material change, you could face decertification and penalties for misrepresentation.
You must also comply with the performance of work requirements and the limitations on subcontracting for each WOSB or EDWOSB contract you perform. These requirements ensure that you and any similarly situated entities perform a substantial portion of the work and receive a commensurate share of the profits. If you form a joint venture with another business to perform a WOSB or EDWOSB contract, you must meet additional requirements, such as entering into a written joint venture agreement, submitting a certification of compliance, and reporting on the performance of work.
By fulfilling your ongoing obligations to SBA, you can maintain your certification and continue to benefit from the WOSB Federal Contract Program, which aims to provide equal opportunities for women-owned small businesses in federal contracting.
If you have any questions about WOSB or EDWOSB certification, the application process, or the appeal process, please contact Danielle Dietrich, Esq. at ddietrich@potomaclaw.com or 412-449-9141
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