Regulations

ATTACHMENT 2 –WOSB/EDWOSB Regulations
A.

13 CFR PART 127 Women-Owned Small Business Federal Contracting Program

Subpart C—Certification of EDWOSB or WOSB Status
§127.300 How is a concern certified as an EDWOSB or WOSB?
(a) General. At the time a concern submits an offer on a specific contract (including a Multiple Award
Contract) or order reserved for competition among EDWOSBs or WOSBs under this Part, it must be
registered in the System for Award Management (SAM) (or any successor system), have a current
representation posted on SAM (or any successor system) that it qualifies as an EDWOSB or WOSB, and
have provided the required documents to the WOSB Program Repository, or if the repository is
unavailable, be prepared to submit the documents to the contracting officer if selected as the apparent
successful offeror.
(b) Form of certification. In conjunction with its required registration in the SAM (or any successor
system), the concern must submit a copy of the Women-Owned Small Business Program Certification
(WOSB or EDWOSB) to the WOSB Program Repository and representations to the electronic annual
representations and certifications at http://orca.bpn.gov, that it is a qualified EDWOSB or WOSB. The
Women-Owned Small Business Program Certification (WOSB or EDWOSB) and representation must
state, subject to penalties for misrepresentation, that:
(1) The concern is an EDWOSB or WOSB or is certified as an EDWOSB or WOSB by a certifying entity
approved by SBA, and there have been no changes in its circumstances affecting its eligibility since
certification;
(2) The concern meets each of the applicable individual eligibility requirements described in subpart B of
this part, including that:
(i) It is a small business concern under the size standard assigned to the particular procurement;
(ii) It is at least 51 percent owned and controlled by one or more women who are United States citizens,
or it is at least 51 percent owned and controlled by one or more women who are United States citizens and
are economically disadvantaged; and
(iii) Neither SBA, in connection with an examination or protest, nor an SBA-approved certifier has issued
a decision currently in effect finding that it does not qualify as an EDWOSB or WOSB.
(c) Documents provided to contracting officer. All of the documents set forth in paragraphs (d) and (e) of
this section must be provided to the contracting officer to verify eligibility at the time of initial offer. The

documents will be provided via the WOSB Program Repository or, if the repository is unavailable,
directly to the contracting officer. The documents must be retained for a minimum of six (6) years.
(d) Third-Party Certification. (1) Prior to certification in SAM (or any successor system), the WOSB or
EDWOSB that has been certified as a WOSB or EDWOSB by a certifying entity approved by SBA,
including those certifiers from which SBA will accept certifications from the U.S. Department of
Transportation's (DOT) Disadvantaged Business Enterprise (DBE) Program, or by SBA as an 8(a) BD
Participant, must provide a copy of the third-party Certification to the WOSB Program Repository. If the
WOSB Program Repository is unavailable, then prior to the award of a WOSB or EDWOSB contract, the
apparent successful offeror WOSB or EDWOSB that has been certified as a EDWOSB or WOSB by a
certifying entity approved by SBA must provide a copy of the third-party Certification to the contracting
officer verifying that it was a WOSB or EDWOSB at the time of initial offer.
(2) The EDWOSB or WOSB must also provide a copy of the joint venture agreement, if applicable.
(3) The EDWOSB or WOSB must also provide a signed copy of the Women-Owned Small Business
Program Certification (WOSB or EDWOSB).
(4) The EDWOSB or WOSB must also provide any additional documents as requested by SBA in writing
that are necessary to satisfy the WOSB Program requirements.
(5) Within thirty (30) days of the WOSB Program Repository becoming available, the WOSB or
EDWOSB must provide the same documents to the repository.
(e) Non-Third Party Certification. A concern that has not been certified as a WOSB or EDWOSB by a
third-party certifier approved by SBA or as a DBE or by SBA as an 8(a) BD Participant must also provide
documents to the WOSB Program Repository. If the WOSB Program Repository is unavailable, then
prior to award of a WOSB or EDWOSB contract, the apparent successful offeror must provide a copy of
the documents to the contracting officer verifying that it was a WOSB or EDWOSB at the time of initial
offer. Within thirty (30) days of the WOSB Program Repository becoming available, the WOSB or
EDWOSB must provide the same documents to the WOSB Program Repository. These documents must
be signed and include the following:
(1) Birth certificates, Naturalization papers, or unexpired passports for owners who are women;
(2) Copy of the joint venture agreement, if applicable;
(3) For limited liability companies:
(i) Articles of organization (also referred to as certificate of organization or articles of formation) and any
amendments; and

(ii) Operating agreement, and any amendments;
(4) For corporations:
(i) Articles of incorporation and any amendments;
(ii) By-laws and any amendments;
(iii) All issued stock certificates, including the front and back copies, signed in accord with the by-laws;
(iv) Stock ledger; and
(v) Voting agreements, if any;
(5) For partnerships, the partnership agreement and any amendments;
(6) For sole proprietorships (and corporations, limited liability companies and partnerships if applicable),
the assumed/fictitious name certificate(s);
(7) A signed copy of the Women-Owned Small Business Program Certification-WOSBs; and
(8) For EDWOSBs, in addition to the above:
(i) SBA Form 413, Personal Financial Statement, available to the public at
http://www.sba.gov/tools/Forms/index.html, for each woman claiming economic disadvantage; and
(ii) A signed copy of the Women-Owned Small Business Program Certification-EDWOSBs.
(f) Update of certification and documents. (1) The concern must update its Women-Owned Small
Business Program Certification (WOSB or EDWOSB) and EDWOSB and WOSB representations and
self-certification in SAM (or any successor system) as necessary, but at least annually, to ensure they are
kept current, accurate, and complete. The certification and representations are effective for a period of one
year from the date of submission or update.
(2) The WOSB or EDWOSB must update the documents submitted to the contracting officer via the
WOSB Program Repository as necessary to ensure they are kept current, accurate and complete. If the
WOSB Program Repository is not available, the WOSB or EDWOSB must provide current, accurate and
complete documents to the contracting officer for each contract award. Within thirty (30) days of the
WOSB Program Repository becoming available, the WOSB or EDWOSB must provide the same
documents to the WOSB Program Repository.

B.

FAR -- Part 19 Small Business Programs

Subpart 19.15—Women-Owned Small Business Program.
19.1503 Status.
(a) Status as an EDWOSB concern or WOSB concern eligible under the WOSB Program is determined
in accordance with 13 CFR part 127.
(b) The contracting officer shall verify that the offeror—
(1) Is registered in the System for Award Management (SAM);
(2) Is self-certified as an EDWOSB or WOSB concern in SAM; and
(3) Has submitted documents verifying its eligibility at the time of initial offer to the WOSB
Program Repository. The contract shall not be awarded until all required documents are received.
(c)(1) An EDWOSB concern or WOSB concern eligible under the WOSB Program that has been
certified by a SBA approved third party certifier, (which includes SBA certification under the 8(a)
Program), must provide the following eligibility requirement documents—
(i) The third-party certification;
(ii) SBA’s WOSB Program Certification form (SBA Form 2413 for WOSB concerns eligible
under the WOSB Program and SBA Form 2414 for EDWOSB concerns); and
(iii) The joint venture agreement, if applicable.
(2) An EDWOSB concern or WOSB concern eligible under the WOSB Program that has not been
certified by an SBA approved third party certifier or by SBA under the 8(a) Program, must provide the
following documents:
(i) The U.S. birth certificate, naturalization documentation, or unexpired U.S. passport for each
woman owner.
(ii) The joint venture agreement, if applicable.
(iii) For limited liability companies, articles of organization (also referred to as certificate of
organization or articles of formation) and any amendments, and the operating agreement and any
amendments.
(iv) For corporations, articles of incorporation and any amendments, by-laws and any
amendments, all issued stock certificates, including the front and back copies, signed in accord with the
by-laws, stock ledger, and voting agreements, if any.
(v) For partnerships, the partnership agreement and any amendments.
(vi) For sole proprietorships, corporations, limited liability companies and partnerships if
applicable, the assumed/fictitious name certificate(s).
(vii) SBA’s WOSB Program Certification form (SBA Form 2413 for WOSB concerns eligible
under the WOSB Program and SBA Form 2414 for EDWOSB concerns).
(viii) For EDWOSB concerns, in addition to the above, the SBA Form 413, Personal Financial
Statement, available to the public at http://www.sba.gov/tools/Forms/index.html, for each woman
claiming economic disadvantage.
(d)(1) A contracting officer may accept a concern’s self-certification as accurate for a specific
procurement reserved for award under this subpart if—
(i) The apparent successful WOSB eligible under the WOSB Program or EDWOSB offeror
provided the required documents;
(ii) There has been no protest or other credible information that calls into question the concern’s
eligibility as an EDWOSB concern or WOSB concern eligible under the WOSB Program; and

(iii) There has been no decision issued by SBA as a result of a current eligibility examination
finding the concern did not qualify as an EDWOSB concern or WOSB concern eligible under the WOSB
Program at the time it submitted its initial offer.
(2) The contracting officer shall file a status protest in accordance with 19.308 if—
(i) There is information that questions the eligibility of a concern; or
(ii) The concern fails to provide all of the required documents to verify its eligibility.
(e) If there is a decision issued by SBA as a result of a current eligibility examination finding that the
concern did not qualify as an EDWOSB concern or WOSB concern eligible under the WOSB Program,
the contracting officer may terminate the contract, and shall not exercise any option nor award further
task or delivery orders. The contracting officer shall not count or include the award toward the small
business accomplishments for an EDWOSB concern or WOSB concern eligible under the WOSB
Program and must update FPDS from the date of award.
(f) A joint venture may be considered an EDWOSB concern or WOSB concern eligible under the
WOSB Program if it meets the requirements of 13 CFR 127.506.
(g) An EDWOSB concern or WOSB concern eligible under the WOSB Program that is a nonmanufacturer, as defined in 13 CFR 121.406(b), may submit an offer on a requirement set aside for an
EDWOSB concern or a WOSB concern eligible under the WOSB Program with a NAICS code for
supplies, if it meets the requirements under the non-manufacturer rule set forth in that regulatio

Part 1919.503(b)(3)