Proposed Changes to the EDWOSB and WOSB Certifications

By: Danielle Dietrich

If you are a woman-owned business, you may be eligible for federal contracting opportunities under the WOSB (woman-owned small business) and/or EDWOSB (economically disadvantaged woman-owned small business) programs. These programs authorize contracting officers to restrict competition or award sole source contracts to eligible WOSBs or EDWOSBs in certain industries where SBA determines that WOSBs are underrepresented or substantially underrepresented in federal procurement.

Recently, the Small Business Administration (SBA) proposed changes and updates to the WOSB and EDWOSB programs. Review a summary of those changes and the proposed revised rule.

Most of the proposed changes are for the purpose of creating consistency among the various federal contracting programs, including updating definitions and clarifying several regulations.

One of the more substantive updates is that there is a general rule that the qualifying woman owner may not engage in outside employment. If a WOSB or EDWOSB owner holds any other employment, they can expect to receive significant additional scrutiny of whether they are able to control their business. Further, if a WOSB or EDWOSB owner needs to take on other employment after receiving certification, they must notify the SBA and show that the employment will not interfere with their control over their business.

Another proposed update is to revise the definition of “Interested Party” to be limited to certified WOSB/EDWOSB or concerns with pending applications. The SBA believes that only certified WOSB/EDWOSB should be permitted to submit a bid protest against an apparent successful offeror WOSB/EDWOSB.

The proposed revisions are open for public comment until July 15, 2024: submit a comment. Any member of the public can comment – and it is a simple online form where you can offer your thoughts.

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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