Although the authors strive to present accurate information, the information provided on this blog is not guaranteed to be complete, correct or up-to-date. Companies that decide to pursue SBA certification should look at the WOSB and EDWOSB checklists for required actions and begin organizing the specified documentation. If you fall under this category and haven’t been protested or examined by the SBA in the two years prior to the effective date of the new rules, get ready to start preparing your application– you will need SBA or third-party certification before you are considered an eligible WOSB/EDWOSB. Nothing posted on this blog constitutes or substitutes for legal advice, which can only be obtained from a personal consultation with a qualified attorney. 85 FR 27650 (May 11, 2020). New applicants will be able to start from scratch and certify through the SBA directly when the rule becomes effective, or will still have the option to certify through third-party certifiers. The 2015 NDAA required the SBA to remove the option for businesses to self-certify as small businesses owned and controlled by women and replace it with a more robust certification process operated directly by the SBA. Certification is not required when the procurement is not either a WOSB or EDWOSB set-aside or a sole source contract. See, 13 CFR Part 137. �b=��f�Өg /&�;�ܝ(�La�u#�M�}���>���U,��d:*��t�����0R�w��Wb��x�,�_��|9��7ne��g��"n�=��I�C�լHp���ls�?�k endobj This website uses cookies to improve your experience. %PDF-1.7 The SBA has provided an FAQ and plans to provide more updates on its webpage here. SBA has posted video tutorials to assist contractors with the certification process and preparation checklists to assist companies with identifying the documents they will need to submit as part of the certification process, both of which you can view here. |, Implications for the Construction Industry. As of October 15, 2020, WOSBs and EDWOSBs will need to be certified and can no longer self-certify when they are bidding on WOSB or EDWOSB set-aside procurements or sole source contracts. In addition, women-owned businesses already certified through the Department of Transportation’s Disadvantaged Business Enterprise program (DBE), or the Department of Veteran Affairs’ Center for Verification and Evaluation (CVE) are at an advantage: these kinds of certification will be considered equivalent to SBA certification. COVID-19 TASK FORCE | Implications for the Construction Industry. ���xIG����� � %���]�E�4�. The SBA indicates that we can expect “that the regulations enacting the statutory requirement will be published on June 30, 2020, and will be effective 30 days later.” But what will this mean for currently certified businesses? <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> For WOSBs and EDWOSBs who are currently self-certified with active WOSB or EDWOSB set-aside contracts, SBA clarifies that “[a] firm that was eligible as a WOSB or EDWOSB at the time of offer for the contract is considered a WOSB or EDWOSB throughout the life of the contract.” Even so, where a contract has a duration of more than five years, including options, businesses must be recertified “by SBA or an approved third-party certifier prior to the end of the fifth year of the contract.” For those familiar with SBA’s size status rules, this requirement is similar to the rule for maintaining size status on long-term contracts. WOSBs and EDWOSBs have three options to get certified: Regardless of who issues the certification, the WOSB or EDWOSB must meet the same standards set forth in SBA’s eligibility regulations. We will also continue to cover the changes as they develop, so keep an eye on the blog, or follow along on Twitter, LinkedIn, Facebook, and YouTube! Peckar & Abramson. %���� Contracts, Project Documentation and Risk Management, International Construction and Infrastructure, Commercial Litigation & Dispute Resolution, Securities Regulatory Litigation & Compliance, Syracuse University Infrastructure Institute, Submit evidence of certification by the Department of Veterans Administration Center of Verification and Evaluations as a service-disabled veteran-owned small business (“SDVOSB”) or veteran-owned small business (“VOSB”); or. These four entities are currently the only ones approved by the SBA for third-party WOSB/EDWOB certification. 1 0 obj Qualifying individual(s) include all women claiming 51% ownership. Submit evidence of certification from an approved third-party certifier. These checklists will also be useful in the event of an SBA program examination, the process that will be used by SBA to verify the accuracy of certification documentation. Regardless of who issues the certification, the WOSB or EDWOSB must meet the same standards set forth in SBA’s eligibility regulations. WOSB Program Changes •Self certification will continue until October 15. We'll assume you're ok with this, but you can opt-out if you wish. endobj In contrast, if you have been protested or examined in the two years prior to the effective date and received a positive final decision, you “must re-certify within 30 days of [your] certification anniversary if there have been no material changes since [your] last certification.” From there, you will have to “undergo a full document review and re-certification” at the end of year 3. All rights reserved. stream Back on May 11, 2020, the Small Business Administration (SBA) issued its final rule on the requirement for Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged Women-Owned Small Businesses (“EDWOSBs”) to be certified in order to compete for certain set-aside or sole source contracts. beta.Certify.sba.gov is the IT application for processing applications to the new SBA certification program for Woman Owned Small Businesses. 3 0 obj Service-Disabled Veteran-Owned Small Business Programs, Women-Owned Small Business Program Attorney Services, Joint Venture Agreements and Teaming Agreements, Organizational Conflict of Interest Training, Special Operations or Paint Ball? <> Proposes Regulation Extinguishing WOSB Self-Certification, Service-Disabled Veteran-Owned Small Businesses. <> Protester Argues Solicitation is Ambiguous, proposed changes to the SBA’s Women Owned Small Business Program Certification Process, GAO to SBA: Please Address "Ongoing Oversight Issues" for the WOSB Program, GAO Highlights SBA Oversight Issues with WOSB Certification and Lack of Use of WOSB Set-Asides, Breaking News: SBA (Finally!) ��Ø However, firms For current third-party certified WOSBs and EDWOSBs, SBA will require re-certification “three years after the date of their most recent re-certification as a third-party certified firm.” Re-certification may be completed through the SBA’s new certification process or again through a third-party certifier. As you may recall, in 2019, the SBA (at long last) proposed updates to its WOSB/EDWOSB Program in response to Congress’ 2015 NDAA. Companies can apply for certification through the website now and SBA will start issuing certification decisions on October 15, 2020. The proposed updates intend to do just that. As you may recall, in 2019, the SBA (at long last) proposed updates to its WOSB/EDWOSB Program in response to Congress’ 2015 NDAA. And, as always, if the new rules have you scratching your head, you can call or email us! Copyright © 2018. <>/Metadata 645 0 R/ViewerPreferences 646 0 R>> SBA will still accept TPC valid certificates will continue to demonstrate as evidence for self-certification. This blog is for educational purposes only. WOSBs and EDWOSBs seeking certifications from SBA can submit their applications through beta.certify.sba.gov. Last May, we reported on proposed changes to the SBA’s Women Owned Small Business Program Certification Process. .��_��M�g���Ї]�F��� ^`W7��0���ִioZ=��Άz���O8E�.����m�]ΗYY���.x�|9/����� ��S.�Y9��4�>$��H4!P�o�(���:�1s� While the SBA remains adamant that third-party certification remains viable indefinitely, women-owned businesses should decide for themselves whether they are comfortable with the SBA’s position.
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