WOMEN-OWNED SMALL BUSINESS (WOSB) FEDERAL CONTRACT PROGRAM 

FREQUENTLY ASKED QUESTIONS

When Does the WOSB Program Start? 

The WOSBFCP will officially start one hundred and twenty days (120) from October 7, 2010. 

Who Administers the WOSB Program? 

The Small Business Administration (SBA) is charged with implementing and administering the 

program. This means that SBA publishes regulations that provide the framework for the program, 

conducts eligibility examinations of WOSB and EDWOSBs, decides protests, conducts studies to 

determine eligible industries, and works with other Federal agencies in assisting WOSBs and 

EDWOSBs. 

What Are the Laws that Govern the WOSB Program? 

On December 21, 2000, Congress enacted the Small Business Reauthorization Act of 2000, Public 

Law 106-554. Section 811 of that Act added a new section 8(m), 15 U.S.C. 637(m), authorizing 

Federal contracting officers to restrict competition to eligible Women-Owned Small Businesses 

(WOSBs) or Economically Disadvantaged Women-Owned Small Business (EDWOSBs) for 

Federal contracts in certain industries. 

What Is the Purpose of the WOSB Program? 

The purpose of the WOSBFCP is to enable contracting officers to identify and establish a sheltered 

market for competition among WOSBs or EDWOSBs for the provision of goods and services to the 

Federal Government. Restricting competition to WOSBs and EDWOSBs increases their success to 

compete for and win federal contracts. The program also ensures a level playing field on which 

such small businesses can compete for Federal contracting opportunities. 

How Does my Firm Qualify as a WOSB or EDWOSB? 

Qualification as a WOSB To qualify as a WOSB, a concern must be: a small business not 

less than 51 percent unconditionally and directly owned and controlled by one or more 

women who are United States citizens. 

Qualification as an EDWOSB An eligible business must be not less than 51 percent owned 

by one or more women who are “economically disadvantaged” (i.e. an EDWOSB). 

However, SBA may waive this requirement of economic disadvantage for industries in 
which WOSBs are “substantially underrepresented.” The ownership of the business must be 

direct as defined in (13 CFR 127.201(b) Requirement for unconditional ownership. 

 

• Ownership of a limited liability company

 

In the case of a concern that is a limited liability company, at least 51 percent of each class 

of member interest must be unconditionally owned by one or more women or in the case of 

an EDWOSB, economically disadvantaged women. 

• Ownership of a corporation

In the case of a concern that is a corporation, at least 51 percent of each class of voting stock 

outstanding and 51 percent of the aggregate of all stock outstanding must be unconditionally 

owned by one or more women, or in the case of an EDWOSB, economically disadvantaged 

women. In determining unconditional ownership of the concern, any unexercised stock 

options or similar agreements held by a woman will be disregarded. However, any 

unexercised stock option or other agreement, including the right to convert non-voting stock 

or debentures into voting stock, held by any other individual or entity will be treated as 

having been exercised. 

• Control of an EDWOSB or WOSB

To qualify as a WOSB, the management and daily business operations of the concern must 

be controlled by one or more women. To qualify as an EDWOSB, the management and 

daily business operations of the concern must be controlled by one or more women who are 

economically disadvantaged. Control by one or more women or economically 

disadvantaged women means that both the long-term decision making and the day-to-day 

management and administration of the business operations must be conducted by one or 

more women or economically disadvantaged women. 

(a) Managerial position and experience. A woman, or in the case of an EDWOSB 

an economically disadvantaged woman, must hold the highest officer position in the 

concern and must have managerial experience of the extent and complexity needed to run 

the concern. The woman or economically disadvantaged woman manager need not have 

the technical expertise or possess the required license to be found to control the concern 

if she can demonstrate that she has ultimate managerial and supervisory control over 

those who possess the required licenses or technical expertise. However, if a man 

possesses the required license and has an equity interest in the concern, he may be found 

to control the concern. 

(b) Limitation on outside employment. The woman or economically 

disadvantaged woman who holds the highest officer position of the concern must manage 

it on a full-time basis and devote full-time to the business concern during the normal 

working hours of business concerns in the same or similar line of business. The woman 

or economically disadvantaged woman who holds the highest officer position may not 
engage in outside employment that prevents her from devoting sufficient time and 

attention to the daily affairs of the concern to control its management and daily business 

operations. 

• Control over a partnership 

In the case of a partnership, one or more women, or in the case of an EDWOSB, 

economically disadvantaged women, must serve as general partners, with control over all 

partnership decisions. 

• Control over a limited liability company

In the case of a limited liability company, one or more women, or in the case of an 

EDWOSB, economically disadvantaged women, must serve as management members, with 

control over all decisions of the limited liability company. 

• Control over a corporation

 One or more women, or in the case of an EDWOSB, economically disadvantaged women, 

must control the Board of Directors of the concern. Women or economically disadvantaged 

women are considered to control the Board of Directors when either: 

(1) One or more women or economically disadvantaged women own at least 51 

percent of all voting stock of the concern, are on the Board of Directors and have the 

percentage of voting stock necessary to overcome any super majority voting 

requirements; or 

(2) Women or economically disadvantaged women comprise the majority of 

voting directors through actual numbers or, where permitted by state law, through 

weighted voting. 

Involvement in the concern by other individuals or entities. Men or other 

entities may be involved in the management of the concern and may be stockholders, 

partners or limited liability members of the concern. However, no males or other entity 

may exercise actual control or have the power to control the concern. 

What Does It Mean To Be Economically Disadvantaged? 

An Economically Disadvantaged Women-Owned Small Business (EDWOSB) is a small business 

concern that is at least 51 percent directly and unconditionally owned and controlled by one or more 

women who are citizens (born or naturalized) of the United States and who are economically 

disadvantaged. The EDWOSB automatically qualifies as a women-owned small business eligible 

for the WOSB Program.A woman is presumed economically disadvantaged if she has a personal net 

worth of less than $750,000, her adjusted gross yearly income averaged over the three years 

preceding the certification does not exceed $350,000, and the fair market value of all her assets 

(including her primary residence and the value of the business concern) does not exceed $6 million. 
What Criteria Enables Contracting Officers to Restrict or Set-Aside Contracts for 

WOSBs? 

In order to restrict or set-aside contracts for WOSBs or EDWOSBs, the contracting officer 

must: 

• A contracting officer may restrict competition in industries where SBA has 

determined that WOSBs or EDWOSBs are underrepresented or substantially 

underrepresented in Federal procurement, as specified in §127.501. Based upon 

analysis, SBA will designate by NAICS Industry Subsector Code industries where 

WOSBs are underrepresented and substantially underrepresented. 

• Have a reasonable expectation that two or more EDWOSBs or WOSBs will submit 

offers for the contract; 

• The contract award price must not exceed $5 million in the case of manufacturing 

contracts and $3 million in the case of all other contracts; 

• The contract can be awarded at a fair and reasonable price; and 

Where Can I Find the List of Eligible Industry Codes? 

A complete listing of the Eligible Industry Codes for the WOSBFCP can be found on the SBA’s 

WOSBFCP web page http://www.sba.gov/wosb. You may also contact the SBA’s Office of 

Government Contracting Area Offices or the District Offices to obtain a list of eligible Industry 

Codes. 

Am I Required to Self-Certify As a WOSB? 

WOSBs and EDWOSBs must self-certify their status in the Central Contractor Registration (CCR)

and the On-Line Representations and Certifications Application (ORCA) as other small businesses 

do. WOSBs and EDWOSBs must also submit documents to the WOSB Program Repository. If 

the Repository is unavailable, documents must be submitted to the Contracting Officer if the WOSB 

or EDWOSB is selected as the apparent successful offeror. If someone falsely self certifies, 

misrepresents its status as an WOSB or EDWOSB or provides false information to the Government, 

the SBA or another Federal agency may propose to suspend and debar you pursuant to the 

procedures set forth in the FAR, 48 CFR 9.4. In addition, other penalties for criminal activities may 

be imposed. 

What is the WOSB Program Repository? 

The WOSB Program Repository is a document repository maintained by SBA to house the 

documents submitted by EDWOSBs and WOSBs that would verify the concern’s eligibility, to 

include copies of Third Party Certifications. The WOSB Repository is a secure, web-based 

environment that is accessible to the WOSB and EDWOSB, the contracting officer community and 
SBA. The contracting officer will be able to access the documents prior to contract award to review 

the submitted documents. 

What Are Eligibility Examinations? 

An eligibility examination is the formal process through which SBA verifies the accuracy of any 

certification made or information provided as part of the certification process or in connection with 

an EDWOSB or WOSB contract. An eligibility examination can be conducted at any time and is 

not tied to a particular solicitation or contract award. The statute also gives SBA the authority to 

conduct random eligibility examinations of WOSBs and EDWOSBs to minimize fraud and abuse. 

How will I know when I am subject to an eligibility examination? 

SBA will notify you within 5 business days before commencing an examination. However, SBA 

may conduct a site visit without prior notification. 

How long can my company participate in the WOSB Program? 

There is no term limit on program participation like there is in the 8(a) BD Program. You can 

receive WOSB Program contracts as long as you are eligible for the program and have met all of the 

requirements set forth in the regulations. 

What is a protest? 

An EDWOSB or WOSB status protest is a challenge to eligibility status of the EDWOSB or WOSB 

concern in connection with a specific EDWOSB or WOSB requirement or contract. 

Where do I file a protest? 

You can file a protest with the contracting officer in person, by facsimile, by express delivery 

service, email, or by U.S. mail (received by the applicable date). The contracting officer or SBA 

must file the protest directly with the Director, Office of Government Contracting. 

Who Do I Contact For Assistance With the WOSB Program? 

For assistance with the WOSBFCP, you may contact the SBA Answer Desk at: 

 1-800-U-ASK-SBA (1-800-827-5722) 

 Answer Desk TTY: (704) 344-6640 

 [Spanish] 

For specific questions about WOSB set aside contracts, you may contact the Federal agency 

contracting officer that is responsible for the contract and/or named in the contract documents. 

You may also visit SBA’s WOSB Federal Contract Program web page at http://www.sba.gov/wosb

for more information about the program.