Women-owned business certifications can provide women businessowners special opportunities in typically male-dominated industries. Here at Foster Swift, we are committed to assisting women-owned businesses with obtaining the following certifications: Women’s Business Enterprise National Council (“WBENC”) certification through the WBENC as a Women’s Business Enterprise (“WBE”); Women-Owned Small Business (“WOSB”) certification through the Small Business Administration’s (“SBA”) WOSB Federal Contracting Program; and Economically Disadvantaged WOSB (“EDWOSB”) certification through the SBA’s WOSB Federal Contracting Program. We are also willing to assist you with other certification programs that are available. This page is limited to the WBENC, WOSB, and EDWOSB certifications.

The benefits of obtaining these certifications vary. Through the WBENC, certified women-owned businesses are offered the opportunity to work with diverse suppliers and purchasing executives with hundreds of United States corporations that accept WBENC certification. The WBENC connects certified women businessowners to their community through networking events and mentoring programs, as well. By advertising your business with a “Women Owned” logo and “Women’s Business Enterprise” seal after receiving WBENC certification, your business can prosper in its industry and showcase its commitment to women leadership.

Similarly, the WOSB Federal Contracting Program prides itself on “level[ing the] playing field for women business owners.” The SBA does this by limiting competition for certain federal government contracts to certified WOSBs or EDWOSBs only, in industries where WOSBs are underrepresented. The SBA maintains a list of eligible trades where WOSBs and EDWOSBs can apply for contracting opportunities.

Business and tax attorneys Amanda J. Dernovshek and Lindsey M. Mead can provide guidance regarding whether these certifications make sense for you and your women-owned business. The following Frequently Asked Questions (“FAQs”) have been compiled by us to help you weave through the intricacies of these certifications and highlight where Foster Swift can assist you in applying for or recertifying your business for WBENC, WOSB, and/or EDWOSB certifications.

FAQs

1. How do I know if my business qualifies for WBENC certification?

To qualify for WBENC certification as a WBE, your business must be at least 51% owned, controlled, operated, and managed by a women or multiple women. These requirements are demonstrated by proving a woman or women: (a) have unrestricted control of the business at issue; (b) oversee the day-to-day operations of the business; and (c) have contributed a significant investment of the capital in the business or provided proportionate industry expertise to the business at issue. If all three aforementioned variables are met by you and your business, you may be qualified to apply for WBENC certification.

How we can help: Foster Swift can help assess the ownership, control, operation, and management variables of your business to provide our opinion regarding whether obtaining WBENC certification makes sense for you.

2. How do I know if my business qualifies for WOSB or EDWOSB certification?

In order to be eligible to apply for WOSB or EDWOSB certification, one or more women associated with your business must claim 51% ownership over the business and be deemed “in control” of the business’ management. Additionally, to qualify as an EDWOSB, an applicant for EDWOSB certification must prove their WOSB is owned by one or more women who are “economically disadvantaged.”

How we can help: Foster Swift can assist with analyzing the ownership and control variables of your business to provide our opinion regarding whether obtaining WOSB or EDWOSB certification makes sense for you. We are also prepared to give our advice regarding whether your business qualifies as “economically disadvantaged” for an EDWOSB certification.

3. What is the difference between a WOSB or EDWOSB certification and a WBENC certification?

The difference between these types of certifications relate to whether your business constitutes a small-owned business. The SBA provides that a business is typically a small business if it employs 500 or less employees and generates revenue of under $7.5 million per year. However, these numbers may vary by industry.

How we can help: Foster Swift can give our advice regarding whether your business qualifies as a small business under the SBA’s standards. As such, WOSB and EDWOSB certifications only apply to small businesses. There are no business size requirements for WBENC certification.

4. What are the steps to apply for WBENC certification?

After determining eligibility for WBENC certification application is met, the application is completed online through WBENCLink2.0. A non-refundable processing fee for the application (and for recertification) is required to process the application. The fee amount is based on the annual gross revenue of your business. The fee can range from $350.00 to $1,250.00, depending on your business’ finances.

How we can help: Foster Swift can assist your business in assessing its financial documentation to determine the appropriate fee price for your WBENC application.

5. What are the steps to apply for a WOSB certification?

Before applying at wosb.certify.sba.gov for a WOSB certification, two preliminary steps are required. First, you will need to register in the System for Award Management (“SAM”) at SAM.gov to begin the process of applying for a WOSB certification. Second, you must create an SBA account through Login.gov. From there, you can begin the application process at WOSB.Certify. However, the criteria for the SAM.gov profile and Login.gov account that must be met to begin your WOSB certification application on WOSB.Certify is specific.

How we can help: Foster Swift can provide you with a checklist of what data you need from SAM.gov and Login.gov, and information regarding how to set up these profiles, to move forward with a WOSB certification application.

6. What are the steps to apply for an EDWOSB certification?

The steps to apply for an EDWOSB certification application are almost exactly the same as the WOSB certification application. The only differences are found in the qualification requirements for each application, where a EDWOSB certification requires evidence of economic disadvantage for your business and a WOSB certification does not, and the documentation you may be asked to provide to support your application to demonstrate evidence of economic disadvantaged status for your business.

7. What type of documents will I need to gather to apply for WBENC certification?

Foster Swift has developed a list of the documentation the WBENC is looking for when reviewing WBENC certification applications. Examples of the documents you may be requested to provide to complete this certification application includes: a signed sworn affidavit proving you meet the qualification requirements; a WBENCLink2.0 User Agreement; evidence of the history of your business; documentation of any professional and business licenses you may have; evidence of the ownership and management of your business; proof of citizenship and gender for female owner(s); financial data related to your business; personnel and business management information; and business structure and governance data. Additionally, if you are seeking a WOSB or EDWOSB certification in tandem with WBENC certification, additional documentation is required to complete the WBENC certification application.

8. What type of documents will I need to gather to apply for a WOSB or EDWOSB certification?

Foster Swift has developed a list of the documentation the SBA is looking for when reviewing WOSB and EDWOSB certification applications. Examples of the documents you may be requested to provide to complete these certification applications include: proof of citizenship; evidence of business ownership; evidence of your control over the business; financial data showcasing economic disadvantage (in the case of an EDWOSB certification application), and business management information.

Please note that pursuant to 13 CFR § 127.304(b), the SBA is permitted to request additional data or clarification of information contained in a WOSB or EDWOSB certification application at any time during the application process.

How we can help: Foster Swift is prepared to assist you with gathering any personal or business information that the SBA may request of you and your business.

9. Do I need to reapply for WBENC certification if I am already approved and certified?

Yes. WBENC certification is only valid for one year from its date of issue, and businesses seeking to keep this certification must recertify through WBENCLink2.0. annually. This process is not as detailed as the initial application process, but you must provide additional information about your business to ensure your business still qualifies for the certification.

How we can help: Foster Swift is prepared to assist you with gathering any personal or business information that the WBENC may request of you and your business for recertification of your WBENC certification.

10. Do I need to reapply for my WOSB or EDWOSB certification if I am approved and certified?

Yes. Certified WOSBs and EDWOSBs must recertify their business on the third anniversary of their certification date of issue. Previously certified WOSBs and EDWOSBs are also required to provide evidence that they are maintaining their eligibility status for these certifications. Annual updates must be provided to the SBA accordingly.

How we can help: Foster Swift can help you compile data each year to ensure you maintain your WOSB or EDWOSB certifications for your business.

11. How can Foster Swift help me and my business apply for these women-owned business certifications?

WBENC certification applicants can delegate to attorneys to assist with compiling the necessary information for their application and submitting such application for WBENC certification. We are happy to help out with this process at any step along the way.

Additionally, WOSB and EDWOSB certification applications can be filled out by a “delegate,” and Foster Swift attorneys Amanda J. Dernovshek and Lindsey M. Mead can assist you in applying for either of these certifications. Through delegating the application process to us, we can gather and upload the important documentation that is needed to ensure the WOSB or EDWOSB applications are completed thoroughly.

For each certification application, you would only have to certify the application before we officially file it on your behalf. This makes the WBENC, WOSB, and EDWOSB application processes easier for you, while also ensuring your personal and business documentation is reviewed by qualified, experienced attorneys.

In addition to the above-mentioned ways we have expressed our commitment to assist you and your business with applying for these certifications or recertifying your business, Foster Swift is also dedicated to staying up-to-date regarding how WBENC, WOSB, and EDWOSB certification qualifications or eligibility requirements may change.

Contact

We are prepared to assist you in any way we can through the WBENC, WOSB, and EDWOSB certification application processes. Please contact either Amanda J. Dernovshek and/or Lindsey M. Mead at the contact information listed below for more information regarding how Foster Swift can help with women-owned business certifications:

Amanda J. Dernovshek	Lindsey M. Mead
E: adernovshek@fosterswift.com	E: lmead@fosterswift.com
P: 517.371.8259	P: 517.371.8326