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Trending Thursdays Tips - SBA Final Rule for WOSB/EDWOSB Certifications

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While many businesses are focused on strategies to push through COVID 19, the long-awaited SBA Final Rule for WOSB/EDWOSB Certifications was issued in May and will take effect July 15, 2020. The time is now to take note of these changes and their pros and cons for women-owned businesses interested in or currently pursuing federal government contracts.

The SBA has amended its regulations to implement the statutory requirement that Women-Owned Small Business (WOSB) concerns and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns be formally certified in order to participate in the federal government contracting program. Self-certification is now eliminated. The effective date of this rule is just weekS away and WOSBs and EDWOSBs that are not certified will not be eligible for new contracts under the program.

Michelle Kantor, Esq, Chair of the Government Contracting Group of McDonald Hopkins LLC, will present highlights on the SBA Final Rule for WOSB/EDWOSB Certification and its impact on women-owned businesses pursuing federal government contracts. Michelle will outline eligibility criteria, certification options for WOSBs and EDWOSBs through the SBA or third-party certifiers. Her presentation will briefly review the process for sole sourcing, contracting officers’ set aside procedures and other relevant issues.

Agenda

·        Final Rule for WOSB/EDWOSB Certification highlights.
·        Value of becoming WOSB and EDWOSB certified.
·        Difference between NAICS Codes for WOSB/EDWOSB designations.
·        Eligibility criteria for WOSB and EDWOSB.
·        Applying for WOSB Certification with the WBDC.
·        Obtaining WOSB Certification with the SBA.
·        Restricted competition and sole-source contract awards to WOSB.
·        Certification mandates effective July 15 and procedures contracting officers will be utilizing.
·        Compliance with the WOSB program and risk of non-compliance.

MEET THE SPEAKER:

Michelle Kantor, Esq is a partner of McDonald Hopkins, LLC law firm.    She  leads its  Government Contracting and Procurement practice group Nationwide.   She has more than 33  years of experience practicing in federal and local government contracting, procurement law and business law and disputes.  Michelle  represents clients in SBA small Business program contracting, regulations and compliance federal and local Bid protests, Size protests and NAICS protests, Federal regulatory compliance, contracting claims and payment disputes, and other related disputes. Michelle is general counsel to numerous commercial and government contractors. Michelle represents federal and local  government contractors in SBA 8(a), WOSB, SDVOSB, HUBZone, WBE/MBE/DBE and other certification submissions, appeals, eligibility challenges, and assists clients in SBA Mentor-Protégé submissions, Joint Venture and Teaming agreement preparation  and supplier diversity programs. 

Michelle also acts as general counsel to companies regarding corporate matters, mergers and acquisitions, succession and equity infusion planning and other legal needs.  Her corporate team helps clients prepare and negotiate stock and asset purchase agreements, federal Novation agreements and guides her clients in transitioning ownership.  Michelle was named by Crain’s Business Chicago as Top Most Influential Women Lawyers in Chicago in August 2017.  She was again by Crain’s Business in Chicago's Notable Women Lawyers in August 2018.   In August 2019, Michelle was appointed to the Board of Directors for the Women’s Business Development Center (WBDC). She is also General Counsel to the Federation of Women Contractors.  She is also a national member of Women Impacting Public Policy (WIPP). She is a frequent speaker at seminars, conventions, webinars & conferences nationwide.

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