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The 8(a) Business Development Program - What You Need to Know

Small businesses work to create jobs, drive innovation, increase America’s global competitiveness and grow the U.S. economy. During National Small Business Week (NSBW), September 13-17, GSA is joining the Small Business Administration (SBA) to highlight the impact of outstanding small business owners from across the nation.

One important resource available to small businesses is SBA’s 8(a) Business Development program, which helps provide a level playing field for small businesses owned by socially and economically disadvantaged people or entities. The government limits competition for certain contracts to businesses that participate in the 8(a) Business Development program.

Disadvantaged businesses in the 8(a) program can:

• Compete for set-aside and sole-source contracts
• Get a Business Opportunity Specialist to help navigate federal contracting
• Form joint ventures with established businesses through the SBA’s Mentor-Protégé Program
• Receive management and technical assistance, including business training, counseling, marketing assistance, and high-level executive development

Eligibility

To qualify for the 8(a) program, follow this eligibility checklist:

• Be a small business
• Not have previously participated in the 8(a) program
• Be at least 51 percent owned and controlled by U.S. citizens who are socially and economically disadvantaged
• Have a personal net worth of $750K or less, adjusted gross income of $350K or less and $6 million or less in assets
• Demonstrate good character and potential to perform on contracts

Get a preliminary assessment of whether the 8(a) program is right for you at the SBA’s Certify website .

Before you can participate in the 8(a) Business Development program, you must be certified. Apply for the 8(a) Business Development program, at the certify.SBA.gov website.

Staying connected with the small business community will be key to our success. Outreach, such as workshops and training seminars will continue as we help small businesses navigate the federal procurement process and contribute to our nation’s economic recovery.

Join us September 29th at OSDBU’s National Small Business Training and Matchmaking event. Register now to attend Small Business Works 2021: Level Up & Network Series to learn about upcoming federal contracting opportunities and doing business with GSA, while expanding your network. This event is free and will provide you with the resources your small business needs to thrive in the Federal marketplace!

To learn more about GSA’s commitment to the small business community, follow us on Twitter @GSAOSDBU or visit GSA’s Small Business website .

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Legal news and notes for small government contractors

Published by koprince mccall pottroff llc  |  edited by shane j. mccall, 5 things you should know: sba’s recent 8(a) program updates.

SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. And we have been doing our best here at SmallGovCon to keep you posted. Many of our blog posts focused on SBA’s monumental November 2020 “rule overhaul,” which implemented several 8(a) rule changes. But given the sheer magnitude of information in that final rule, it is pretty easy to lose track of which updates might affect you, as a potential 8(a) applicant or current 8(a) participant. There were also some pretty important changes to the 8(a) Program just prior to and subsequent to SBA’s November 2020 final rule.

Suffice it to say, there is a lot to process! So, we thought a quick summary blog on some of the most significant changes to the 8(a) Program of late might help you in that endeavor. Without further ado, here are five things you should know about SBA’s recent 8(a) Program updates.

As an initial matter, please keep in mind that this blog does not provide an exhaustive list of the rule changes in SBA’s November 2020 final rule that may affect 8(a) Program admission or participation. It is merely a simplified discussion of some of the big picture changes that have already received a lot of attention in the government contracting community.

1. SBA’s economic disadvantage thresholds went up in July 2020 (and retirement accounts are out for everyone ).

On July 15, 2020, the initial eligibility thresholds for net worth, adjusted gross income, and fair market value of all assets went up–and quite a bit too! SBA’s new rules increased: the net worth threshold from $250,000 to $750,000; the threshold for “adjusted gross income averaged over the three preceding years” from $250,000 to $350,000; and the fair market value of all assets threshold from $4 million to $6 million! You can read more about SBA’s economic disadvantage threshold increase here .

This is a significant threshold increase with a potential meteor-sized impact on the 8(a) Program. It will make far more people economically eligible for the 8(a) Program, opening the door to many more applicants. Moreover, it simplifies the initial versus continuing economic disadvantage analyses–as those thresholds are now the same.

Finally, under SBA’s July 2020 economic disadvantage rule changes, “retirement accounts will now be excluded from calculations of an economically disadvantaged individual’s net worth, irrespective of the individual’s age.” This is a big deal too, particularly for older applicants who often had to count those accounts prior to this rule, which you can read more about here .

2. SBA’s 8(a) joint venture approval requirements changed–for the better (or at least for the more convenient).

SBA’s prior requirement that all 8(a) joint venture agreements must be approved by the SBA prior to award of any 8(a) work has been significantly relaxed. Now, SBA only requires that 8(a) joint ventures be approved prior to the award of any 8(a) sole-source awards . That means an 8(a) joint venture can now be awarded competitive 8(a) awards without having to wait (often for quite some time) for SBA to approve their agreement.

This same logic applies to any addendums to the joint venture agreement for the purpose of pursuing additional projects. Only those addendums seeking 8(a) sole-source awards need prior approval (and this is regardless of which type of award the initial joint venture agreement sought). Specifically, SBA’s updated rules for 8(a) joint ventures state the following regarding prior approval:

(1) When a joint venture between one or more 8(a) Participants seeks a sole source 8(a) award, SBA must approve the joint venture prior to the award of the sole source 8(a) contract. SBA will not approve joint ventures in connection with competitive 8(a) awards (but see § 124.501(g) for SBA’s determination of Participant eligibility). (2) Where a joint venture has been established for one 8(a) contract, the joint venture may receive additional 8(a) contracts provided the parties create an addendum to the joint venture agreement setting forth the performance requirements for each additional award (and provided any contract is awarded within two years of the first award as set forth in § 121.103(h)). If an additional 8(a) contract is a sole source award, SBA must also approve the addendum prior to contract award.

While, on its face, this change may not seem too impactful, it will make life much easier–and quicker–for 8(a) joint ventures not focused on any soles-source work. Also, it will certainly lighten the SBA Business Development Office’s load. So we may even see some big picture trickle-down effects of that. For more information on this change, check out our prior blog .

3. Earlier this year, SBA extended the 8(a) Program term for some participants due to the pandemic.

In January 2021, SBA issued its  rule  extending certain 8(a) Program terms by a full year, as  directed  by Congress. That rule became effective immediately (on January 13). SBA gave all 8(a) Program participants that were in the program on March 13, 2020, through September 9, 2020, this COVID-19-hardship-driven-extension. It clarified that participants who were terminated, graduated early, or voluntarily withdrew during that period were not eligible.

This extension was automatic for those participating in the 8(a) Program as of January 13, 2021, unless they declined. It also said: “Firms that were participating in the 8(a) program as of March 13, 2020, but then graduated or otherwise left the program before January 13, 2021 can be readmitted, but notify SBA within 60  days  of January 13, 2021 and meet the 8(a) eligibility requirements.” As to how this would play out for the eligible 8(a) Program participants, SBA said that the extension period would be added to the participant’s transitional stage of the 8(a) Program, and the business activity target for that extension would remain at 50 percent non-8(a) business.

Read more about this change in our prior blog on the topic.

4. SBA has eased up on the 8(a) Program’s “immediate family member” restrictions.

As part of SBA’s November 2020 new rule , SBA finally eased up on its restrictions for participating in the 8(a) Program for those who have immediate family members who have previously received 8(a) benefits. Before this change, SBA’s rule had an outright prohibition that said: “An individual may not use his or her disadvantaged status to qualify a concern if that individual has an immediate family member who is using or has used his or her disadvantaged status to qualify another concern for the 8(a) BD program.” And although it allowed a potential waiver if several additional conditions were met, it was no easy feat (especially for relatives whose companies were in the same or similar line of business ).

Now, the new rule doesn’t make family participation irrelevant. But it does ease up a bit. It now says that an individual “may not use his or her disadvantaged status to qualify a concern if that individual has an immediate family member who is using or has used his or her disadvantaged status to qualify another concern for the 8(a) BD program” and one of four circumstances exist:

(i) The concerns are connected by any common ownership or management, regardless of amount or position; (ii) The concerns have a contractual relationship that was not conducted at arm’s length; (iii) The concerns share common facilities; or (iv) The concerns operate in the same primary NAICS code and the individual seeking to qualify the applicant concern does not have management or technical experience in that primary NAICS code.

Further, SBA acknowledged in its commentary on the new rule that it believes “requiring no connections is a bit extreme.” SBA said:

If two brothers own two totally separate businesses, one as a general construction contractor and one as a specialty trade construction contractor, in normal circumstances it would be completely reasonable for the brother of the general construction firm to hire his brother’s specialty trade construction firm to perform work on contracts that the general construction firm was doing.

So, most would argue that this is a significant step in the right direction. Now, 8(a) applicants and participants won’t have to meet the extremely high bar of showing “no connection” with current or past 8(a) participants controlled by their immediate family members. SBA will instead generally determine whether the two firms appear to be operating too closely , based on some of the bigger picture connections (shared control, owneship, etc.)

We covered many more details of this update to SBA’s rules in a prior blog as well.

5. There is no longer a separate 8(a) Mentor-Protégé Program (but don’t freak out, the consolidated Mentor-Protégé Program has you covered).

Last, but certainly not least, SBA did away with having separate Mentor-Protégé Programs (and governing rules) for 8(a) mentor-protégé relationship and well, everyone else. Specifically, SBA’s 8(a) Mentor-Protégé Program was officially consolidated into SBA’s All-Small Mentor-Protégé Program in order to eliminate regulatory duplications and alleviate confusion between these programs. This change was also implemented through SBA’s November 2020 final rule .

Most also call this a smart move, especially given the fact that 8(a) participants could actually participate in either program anyway. It also allowed SBA to clean up the rules a bit–which were substantively pretty similar to begin with. But what did this landmark consolidation mean for those in the 8(a) Mentor-Protégé Program? Whelp, supposedly not a whole lot. While there are no detailed procedures listed in the new rule or consolidated regulations, SBA’s commentary assured us all that its intent was to grandfather those new relationships in under SBA’s new all-encompassing Mentor-Protege Program.

Read more about the programs’ consolidation here and here .

For a few other recent changes to the 8(a) Program rules that didn’t quite make the cut for this blog, check out our prior blog on SBA’s updated bona fide place of business requirement for 8(a) construction work and keep an eye out for more 8(a) Program blog posts sure to be coming your way!

Questions about this post?  Email us  or give us a call at 785-200-8919 .

Looking for the latest government contracting legal news? Sign up for our  free monthly newsletter , and follow us on  LinkedIn ,  Twitter  and  Facebook .

Myths & Realities of 8(a) Certification: Golden Ticket or Not?

The federal government’s 8(a) Business Development Program (8a) is misunderstood and often misrepresented. There are many misperceptions, with the most common being that the program is only for minority individuals, that one must be certified as 8a in order to win contracts and once certified, you are guaranteed business.

In reality, anyone can be considered for 8a certification, one can win contracts without being 8a certified and that no one is ever guaranteed a federal contract, whether 8a certified or not. In fact, many 8a-certified companies never see a dollar increase in revenues after getting 8a certified. On the flip side, over $40 billion in federal prime contracts were awarded to 8a certified businesses in fiscal year 2017, which is motivation for many business people to pursue the certification.

To set the stage, the U.S. Small Business Administration (SBA) created the 8(a) Business Development Program to help small, disadvantaged businesses compete in the federal marketplace. This program offers a broad range of assistance to those companies owned and controlled at least 51% by individuals who are considered socially and economically disadvantaged. These individuals may be of any sex or heritage.

The 8a program has a nine-year life span which is divided into two phases: an initial four-year developmental stage and a final five-year transition stage.

The 8a program application process is extensive and requires financial, business organization, banking, and personal information to address these eligibility requirements such as proof of: ownership and control of the business, social and economic disadvantage statements, business acumen, experience in the government market, business revenues and number of employees.

Business people may choose to apply for the certification on their own, use the local Procurement Technical Assistance Center (PTAC) for guidance, follow the SBA website step by step or engage with a consultant or attorney.

Applying for the 8a certification has recently been improved and now includes an online submission process. The good news is that a complete, straight-forward application may take the SBA as little as a month to approve. The bad news is that complicated or incomplete applications take much longer, especially if there are red flags in finances, ownership, experience or other mandated requirements.

Once approved, it is the responsibility of the 8a certified business owner to actively research opportunities and market their capabilities to the various layers of federal customer decision-makers. The time and effort involved in getting 8a certified is substantial, and many of the 8a companies never realize a measurable benefit in going through the certification.

However, for those business people who understand the 8a program, are established in the market and aggressive in pursuing business, the benefits are unique. Direct-award (or sole-source) contracts may be awarded without competition up $4 million for services and $7 million for manufactures. There is a limit on sole-source contracts over the life of the 8a participant of $100 million or five times the value of the primary NAICS code.

It is a fallacy to think that one wins business simply because of a certification. The competition among 8a certified firms is fierce, and the business development and marketing process required to identify opportunities, position and pursue before the request for proposal is advertised can be lengthy and complicated.

Once an 8a certified firm begins to see success by winning prime contracts, and reinforces positive contract performance with great contract report cards, the door does begin to open for aggressive growth within the 8a program.

Other advantages include: the 8a companies may also form joint ventures and teams to pursue larger prime contracts and participate in the mentor-protégé program to help grow business, and take advantage of specialized business training, counseling, marketing assistance, and high-level executive development provided by the SBA and resource partners. 8a participants may be eligible for assistance in obtaining access to surplus government property and supplies, SBA-guaranteed loans, and bonding assistance while involved in the program.

While it is often thought of a minority program, any person of any heritage may be 8a certified if he or she can prove social and economic disadvantage. Under federal law, socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias within American society because of their identification as members of groups without regard to their individual qualities.

For purposes of the 8a program, the following individuals are presumed socially disadvantaged: Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans and Subcontinent Asian American. However, the SBA states that “…An individual who is not a member of one of the “presumed groups” can be admitted into the 8(a) Business Development program if they can submit preponderance of evidence…Other individuals may similarly be found socially disadvantaged and eligible for the program on a case-by-case basis.”

Once the SBA accepts the social disadvantage of the individual, it is necessary to satisfy the economic disadvantage eligibility requirements by proving that their competition in the free enterprise system has been impaired due to diminished capital and credit opportunities. Required supporting documents include business and personal financial information for the applicant and spouse (if any) including but not limited to tax returns, financial statements, fair market value of all assets, retirement accounts, property owned, debt, and tax issues.

In every case, when married, the socially disadvantaged individual must submit separate financial information to SBA for his or her spouse (including tax returns and certain SBA forms).

Before the SBA can approve an application, the individuals claiming to be disadvantaged must submit supporting documents to prove their assets, income, and net worth fall below certain threshold amounts. These include: assets cannot exceed $4 million, personal income cannot exceed $250,000, averaged over 3 years and adjusted net worth must be less than $250,000.

This is often when SBA, PTAC, attorneys or consultants can be of help in understanding the acceptable kinds of social or economic disadvantage proof and acceptable documentation.

Gloria Larkin, published in Business Monthly

Tags: 8(a) , 8a program , Business Monthly , decision makers , Federal Contracts , Federal Government , National 8(a) , PTAC , SBA , Small Business , Small Business Administration

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8(a) Application Completion Service

3,000 + certified.

We live and breathe 8(a) Certification. Our success rate is over 99% for clients we pre-qualify.

Real References

We have hundreds of real references you can contact to verify our process and their success.

20+ Years of Experience

We have been helping small businesses get certified and maintain their eligibility since 1999.

What is this service and who should consider it?

Looking to get your small business approved for the SBA 8(a) program? Look no further! Our turnkey 8(a) Application Completion Service is designed specifically for small business owners who need expert help in preparing all aspects of their 8(a) application.

With our one-on-one guidance, we’ll work with you to ensure that your 8(a) application is prepared properly and is accepted by the SBA. No more worrying about complex application show stoppers – we have the knowledge and expertise to solve any problem that arises.

Don’t leave your success to chance – trust our experienced team to properly prepare and complete your 8(a) application.

Pre-Qualify .

We pre-qualify all potential clients to determine if they meet all of the current 8(a) eligibility requirements. Even if you don’t currently qualify we will let you know the reasons why and what you need to do to meet the 8(a) eligibility requirements.

As we receive your requested information, we review each individual element, line by line, to make sure everything meets the 8(a) Program eligibility requirements. If potential issues or questions are found, we alert you immediately and let you know the workaround to any issue or question that might be brought up by the SBA.

Submit & Support .

At the end of the preparation process, we will upload your 8(a) Application documents to certify.sba.gov for review by the SBA. Should your SBA reviewer request any additional information needed to complete their review, we will draft and respond to all SBA requests as part of our service.

Frequently Asked Questions

What are the benefits of the sba 8(a) program.

• You’ll gain access to federal contracts that are sole source/non-competitive, with the following maximum values:
• $4M or less for all services-related contracts.
• $6.5M or less for manufacturing-related contracts.
• You’ll gain access to federal contracts that are competitive set-asides, with the following minimum values:
• $4M or more for all services-related contracts.
• $6.5M or more for manufacturing-related contracts.
• Your competition will be severely limited.
• With fewer than 6,300 active 8(a) participants as of October 2023, the big players such as Lockheed Martin, CSC, EDS, Halliburton, etc. cannot compete for these contracts.
• The federal procurement process is streamlined for 8(a) contracts.
• 8(a) contracts involve much less paperwork, time, and bureaucracy compared to most other federal procurement methods. Additionally, 8(a) contracts cannot be protested.
• Contract awards are faster with 8(a) contracts.
• 8(a) contracts are awarded in approximately one-tenth the time it takes for most other federal procurement methods.
• 8(a) firms can team up with other businesses.
• You can form joint ventures and teams to bid on contracts, allowing you to perform larger prime contracts and overcome the effects of contract bundling. The SBA All Small Mentor Protege Program also enables your firm to learn from more experienced businesses.

What to expect after signing up for the 8(a) Application Completion Service?

To ensure that your business is eligible for 8(a) Certification, we conduct a prequalifying interview as the first step.  Our aim is to identify any possible eligibility issues that could hinder your business from becoming 8(a) certified. In the event that we come across any such issues based on your responses, we will inform you of the specific problems and suggest possible solutions to overcome them, enabling you to proceed with the 8(a) application process.

We will prepare a progress report tailored to your specific situation, outlining the precise documentation required from you and your business. Additionally, we will provide you with helpful tools such as data collection worksheets, templates, and samples to facilitate the gathering and provision of requested information. To enable secure document transfer, we will grant you access to a protected Dropbox folder.

Our services cover a comprehensive review, preparation, and completion of your SBA 8(a) Application, which entails the online submission through certify.sba.gov , including the upload of all necessary SBA forms, attachments, and supporting documentation. If required, we also provide support in the preparation of a 2-year waiver .

Upon receiving your information, we conduct a meticulous line-by-line review of each element to ensure that everything meets the current 8(a) Program eligibility criteria. In the event that we encounter any potential issues or questions, we promptly notify you and provide you with a solution to address any concerns that may arise from the SBA.

The list of items provided below is a general outline, as each 8(a) application is distinct, and certain required items may not be listed below:

• SAM.GOV profile. We review your profile to ensure all applicable boxes are checked and all other information is accurate.
• Website and LinkedIn profile. We review these items to ensure that there is no conflicting or inaccurate information contained on your site or LinkedIn profile.
• Business Ownership and all associated answers to each question within certify.sba.gov to ensure everything is accurate and all supporting documents that may be required based upon your unique responses are provided, complete and compliant.
• 2-Year Waiver , if required, including proper responses, and supporting documents to each of the 5 required SBA conditions.
• Business licenses . We ensure that all required business licenses are provided along with ensuring that unconditional control requirements are met.
• Bank signature cards . We ensure that the proper individuals are indicated on the associated business bank signature cards.
• SBA Representatives Form . We ensure the section is completed accurately.
• Fictitious business name/Doing Business As (DBA) filings, if required.
• Articles of Incorporation, Articles of Organization, etc., depending on your formation type. We review to ensure the company formation documents meet unconditional control requirements .
• Bylaws, Operating Agreement or Partnership Agreement, depending on your formation type. We review for unconditional control requirements and will even draft a current dated version if you do not have the required document or need an amended document to meet unconditional control requirements.
• Meeting minutes. We ensure all are provided, they meet the SBA requirement and will even draft a current dated set of meeting minutes if you do not have the required meeting minutes to meet unconditional control requirements.
• Stock certificates and ledger , if applicable. We review for accuracy, and we will even draft current dated stock certificates and a ledger to ensure current ownership is reported correctly, if needed.
• Certificate of good standing .
• Transmutation agreements , if required.
• Lease agreements.
• Bonding letter, if required.
• List of current and past Federal and non-Federal awarded contracts within the last 12 months and last three years. We provide a detailed contract listings worksheet and ensure that all required information is reported including checking for possible economic dependency issues .
• Personal information and all associated answers to each question to ensure they are answered accurately and all supporting documents required based upon your unique responses are provided, complete, and compliant
• Documents related to outside ownership in any other business, if applicable. We inform you if there is a potential for affiliation and what specific documents you may have to provide to the SBA.
• Resumes . We review against past employment reported on the W-2’s and 1099’s and ensure the resume meets the full-time and SBA’s unconditional control requirement.
• SBA Personal Financial Statement . We provide a detailed worksheet for you to complete to ensure that all assets and liabilities are reported along with ensuring the limitation on Adjusted Net Worth is not exceeding the SBA’s $850,000 threshold .
• Supporting statements to corroborate SBA Personal Financial Statement amounts. We review each statement and properly allocate the correct amounts to the respective individual along with ensuring that the SBA requirement of less than 30-days old is met.
• SBA Statement of Personal History. Review for completeness and accuracy.
• SBA fingerprint card , if required.
• Personal tax returns for the last three years. We review to ensure you meet the SBA Adjusted Gross Income requirements and all supporting statements, 1099’s and W-2’s are provided.
• Evidence of IRS payment for any personal taxes owed, if applicable.
• Business financial Statements for the current year to date and the last three years. We compare these against the company tax returns for accuracy and compliance to SBA required standards for financial statements.
• Business tax returns for the last five years. We ensure that all ownership is accurately reported and there are no inconsistencies between the taxes and the business financial statements.
• Evidence of IRS payment for any business taxes owed, if applicable.
• Business loan documents . We review for unconditional control requirements and to make sure all applicable documents are provided.

We take care of preparing and organizing all mandatory documents in the preferred PDF format for upload to certify.sba.gov . Every relevant item and specific section in your 8(a) Application will be appropriately marked as either applicable or not, enabling your assigned SBA 8(a) analyst to expedite their review of your application.

Upon completion of the preparation process, we will upload your 8(a) Application documents to certify.sba.gov for review by the SBA. As part of our 8(a) Application Completion Service, we will draft and respond to all SBA requests for additional information that may be needed to complete their review.

Our utmost priority is to ensure that your 8(a) Application has the best possible chance of receiving SBA approval, and we provide full support and guidance from the start of the service until you are officially notified by the SBA that you are certified under the 8(a) program.

What are the basic eligibility requirements to get 8(a) Certified?

In general, the following basic eligibility requirements must be met to gain approval for the 8(a) program:

• All applicant(s) must be a US citizen . (Applicant = 51% or more owners who is considered the applicant for 8(a) certification disadvantage purposes). Additionally, all applicant(s) must reside in the United States.
• The applicant(s) must devote full-time to the business that is applying for 8(a) certification at the time of application submission. This means they must work at least 40 hours per week, during the normal business operating hours, within the business concern, without any other outside employment .
• The primary applicant must hold the highest management position within the business that is applying for 8(a) certification. Generally, this is the CEO, President in a corporation or Managing Member in an LLC.
• The primary applicant must be able to demonstrate that they are the highest compensated individual. The SBA will most likely deny your 8(a) application if you cannot demonstrate the primary applicant is currently the highest compensated or there is a very good reason why they have elected not to be.
• The applicant(s) must have an adjusted net worth of less than $850,000 at the time they apply for 8(a) certification. Adjusted net worth = Assets – liabilities – (Equity in primary residence + value of ownership interest in business concern + IRA/401(k) or Other Retirement Accounts) . Complete our adjusted net worth calculator to help determine yours.
• The applicant(s) AGI ( Adjusted Gross Income ) cannot be more than $400,000 averaged over the last three tax years.
• The applicant(s) cannot have transferred any personal assets during the last two years to an immediate family member for less than fair market value. If they have, the result of the transfer will be counted back towards their adjusted net worth.
• The applicant(s) must be able to submit a narrative statement of social disadvantage .
• The applicant(s) must generally hold all licenses or professional certifications required to operate the business concern. The only exception is if the individual who holds the required license or professional certification is not an equity owner, and the applicant(s) can prove that they have ultimate supervisory control over this individual.
• The applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director cannot have any delinquent SBA loans, federal (taxes), state (taxes), liens, or local obligations unless they can provide proof of a payment arrangement agreement with the associated party along with copies of timely payments being made as proof of compliance. All liens must be satisfied.
• The applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director cannot have used their eligibility to qualify another 8(a) concern or been an officer of another current or past 8(a) participant.
• The applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director cannot have an immediate family member who is or has been a participant in the 8(a) program unless this other business is in a totally separate line of business and no business has been conducted together.
• The business concern, applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director cannot have filed for bankruptcy in the last (7) seven years unless the bankruptcy has been discharged by the court.
• The applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director should generally not be involved in any pending civil lawsuits that could adversely affect the business applying for the 8(a) program.
• The applicant(s) cannot have any ownership in another business concern other than the business concern that is applying for 8(a) certification unless it is an entity solely for the purpose for holding and managing real estate.
• Any other owner in the business or anyone else who is considered a key officer, employee or director who has ownership interest in any other business, other than the business concern that is applying for 8(a) certification may possibly cause the SBA to affiliate the associated business.
• Any other owner in the business or anyone else who is considered a key officer, employee or director who has ownership interest in any other business cannot be the former employer of the applicant(s) for 8(a) certification.
• The applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director cannot be debarred from doing business with the federal government.
• The applicant(s), any other owner in the business or anyone else who is considered a key officer, employee or director cannot be on probation or parole. If anyone has been arrested in the past it does not automatically deny them unless they were convicted of a specific crime. Having an arrest, regardless of how long ago, will delay the review of your 8(a) application by a minimum of 90 additional days.
• The business concern must be considered a small business by the SBA. Your primary NAICS code , gross sales and sometimes the number of employees define your size standard that the SBA will base its size determination on.
• The business concern must have been in business for two full years. In addition, the last two years of its filed business tax returns must show a reasonable amount of revenues. If it has not, you must seek a waiver and meet the (5) five conditions set by the SBA.
• The business concern and the applicant(s) cannot have any delinquent tax filings or have any any delinquent SBA loans, federal (taxes), state (taxes), liens, or local obligations unless they can provide proof of a payment arrangement agreement with the associated party along with copies of timely payments being made. All liens must be satisfied.
• The business concern must be at least 51% directly owned and controlled by the applicant(s). The business concern must be a for-profit business and cannot be classified as a broker or be a subsidiary of another business concern.
• The business concern’s current year-to-date financial statements , at a minimum, must exhibit positive net income, positive net equity and positive working capital at the time of application submission.
• The business concern cannot be determined to be economically dependent on one of its clients. Please see the 8(a) economic dependency or the 70% rule explained article for further information and to determine if your business would be determined to be economically dependent by the SBA.
• If the business concern has existing management, joint venture, indemnity, consulting, distributorship, license, trust or franchise agreements, the SBA will want to review these in detail.
• If changes of ownership have occurred to the business concern in the past two years, and the current applicant(s) have become the new majority owners, the SBA will want to examine these ownership changes in great detail. This can possibly be an eligibility issue based upon your unique circumstances.
• If the business has ownership in or an affiliation with another business the SBA will want to examine this in detail.
• If another business has ownership in the business concern applying for 8(a) certification, the SBA will want to examine this in great detail.
• If the business concern buys from, sells to, or uses the services or facilities of any other business concern, or conduct business with any other business concern in which any other owner in the business or anyone else who is considered a key officer, employee, other than the applicant(s), the SBA will want to examine this in detail.
• The business concern applying for 8(a) certification cannot have been previously approved for the 8(a) program.
• If any other business concern or anyone who is considered a key officer, employee, other than the applicant(s) provides financial, bonding support, licenses, or required professional certification, office space or equipment to the business concern that is applying for 8(a) certification, the SBA will want to examine this in detail.
• The business concern applying for 8(a) certification cannot have been started with 50% or more of the assets of a previously certified 8(a) program participant.
• The business concern must not be subcontracting out more than the allowable percentages. See CFR §125.6 for what are the prime contractor’s limitations on subcontracting for the specific percentages.

Please Note . Above are the general 8(a) program eligibility requirements. There may be more eligibility requirements based upon your unique business circumstances.

What type of Information will need to be collected and provided to the SBA?

Please be aware that every 8(a) application is one-of-a-kind, and the document requirements for each application may vary.

Outlined below is a general listing of items that must be incorporated in your 8(a) application. Your specific application may necessitate additional items that are not indicated below. Please be advised that the SBA may request any information they consider essential to make a final determination on your 8(a) application. Failure to supply any requested information may result in a denial. It is crucial to note that merely providing the listed documents does not guarantee certification. The documents must also meet the SBA’s eligibility criteria.

• Signed 1040 personal tax returns (last three filing years) including all schedules, attachments, W-2’s, 1099’s and proof of payment for any tax owed for each 8(a) Applicant and their spouse.
• Signed   business federal tax returns including all schedules and attachments for the last five filing years, or as many as you have been in business, if less than five years. Proof of payment for any tax owed may be required, if applicable.
• Balance Sheet, Income Statement, A/P and A/R aging statements no older than 30 days old for the current year to date. Please note, your financial statements must be prepared either on an income tax basis or be  GAAP  compliant.
• Balance Sheet, Income Statement, A/P and A/R aging statements for the last three completed fiscal years.
• A  resume for each 8(a) applicant and any other key officer, employee, director or 10% or more owner.
• A detailed listing of all clients broken down by revenue earned for the last 12 months and for the last three years.
• A certificate of good standing (required for Corporations and LLC’s only) no older than 1 year old.
• Stock certificates/Stock ledger (Corp), Membership Certificates/ledger (LLC).
• Articles of Incorporation/Organization/Partnership filing/DBA Filing.
• Foreign Organization Filings and associated Certificates of Good Standing (If applicable).
• Articles of Conversion/Buy-Sell Agreements, Voting Agreements (if applicable).
• Bylaws, Operating Agreement or Partnership Agreement that meet the SBA 8(a) program control requirements.
• Stockholder/Board or Member Meeting minutes (Most Recent).
• Proof of US citizenship (if required).
• Business bank signature cards .
• Copies of all business and special licenses .
• Copies of any business loan agreements .
• A copy of the current lease agreement for business.
• A current personal financial statement and supporting statements for the following: (Checking/Savings, IRAs with terms and conditions including a signed and dated certification attesting to the fact the accounts have a penalty for withdrawal, Life Insurance (Cash Surrender only), Stocks/Bonds, Mortgage, Deeds, Fair Market Value for Real Estate, Any Other Assets (Boats, RV’s, Motorcycle, Other Business Ownership, etc.), Automobile Title/Registration and associated loans, Credit Cards, Home equity or any other Loan Agreements (Student, etc.).

What happens if I do not have some of the required items?

We have created data collection worksheets, templates, and samples to aid in gathering and generating the majority of the requested information. For instance, if you do not possess bylaws or an operating agreement, and meeting minutes, we will aid in producing these documents for your assessment.

How long does it typically take to complete the 8(a) Application?

The process of preparing an 8(a) application typically takes around 2-4 weeks, although this duration may vary depending on the complexity of your application. It is advisable to exercise caution if any consultant guarantees to complete your 8(a) application in just a few days, as this can result in your application being denied or returned. A typical 8(a) application comprises a variety of documents that can range from several hundred to over a thousand pages when submitted to the SBA. It takes time to adequately compile, complete, and most importantly, review all of the documentation.

According to the SBA, “Cases are reviewed and processed in the order in which they are received. We have experienced a more than 65% increase in 8(a) application submissions and we are also currently experiencing a staffing shortage.” This highlights the significance of ensuring that your 8(a) application is meticulously prepared and complete before submission.

How long does it typically take to get 8(a) Certified once the 8(a) Application is submitted?

After submitting your 8(a) Application to the SBA, you should expect to receive an email or notification through certify.sba.gov within one day to two business weeks, which will identify your assigned SBA reviewer. Your reviewer may request additional information or clarification, which we will provide as part of our Turnkey 8(a) Application Completion Service.

Once the SBA confirms that your 8(a) application is complete, it may take approximately three to five months to receive a decision. It is important to note that the burden of proof to verify compliance with 8(a) eligibility criteria rests with the applicant, and incomplete applications will not be processed by the SBA, as stated by the SBA.

What is Cloveer's success rate for 8(a) Applications prepared?

Our 8(a) Application Completion Service boasts a success rate of over 99%. This achievement is possible because we conduct a rigorous qualifying interview with each client to ensure they meet all the 8(a) program regulations before engaging in our service.

If, after our assessment, we determine that you do not qualify for the 8(a) program, please do not be discouraged. Approximately 50% of individuals we speak with do not meet the rigorous 8(a) program requirements. Nonetheless, we will provide you with guidance on what steps you need to take to apply for the program in the future.

Why should you select Cloveer to prepare your 8(a) Application?

• Our team is dedicated to the 8(a) Certification process!
• We stay up to date on daily changes to the SBA 8(a) Program.
• Our understanding of the current SBA 8(a) Regulations is comprehensive.
• We review the latest SBA OHA (Office of Hearings and Appeals) cases on 8(a) Certification.
• We have a proven track record of success!
• Our success rate is over 99% for clients we qualify.
• We have helped thousands of small businesses attain and maintain their 8(a) Program Certification.
• We can provide references to support our success rate.
• We have over 20 years of experience in the 8(a) Program!
• All of our services are performed by Cloveer employees – we don’t use outside contractors like some competitors.
• We offer full life-cycle 8(a) Program services, not just Certification Completion Services.
• Our principals, Rick and Monica Otero, have personal experience in a successful 8(a) Certified business.
• We value your time!
• We pre-qualify potential clients for our full 8(a) Application Service to avoid wasting their time and ours.
• We provide clear and honest answers to your questions.
• Even if you don’t qualify for the 8(a) Program, we will identify any possible workarounds for your specific issues.
• We prioritize customer service!
• We treat every client with respect, recognizing them as a small business.
• Our service agreements guarantee confidentiality of your information.
• We protect all information provided to us on our secure server and never share it with anyone.

In summary, we are confident in our ability to provide the best 8(a) Program consulting services available. While others may try to imitate us, our experience and track record set us apart.

Do you have any references I can contact?

You can view our list of testimonials and call any of our clients.

What is the fee for the 8(a) Application Completion Service and How do I get started?

The cost of our Turnkey 8(a) Application Completion Service is $ 7,500.00. 

The first installment is due at the start of your 8(a) Application engagement, after the prequalification and the final balance is payable either 30 days after engagement or upon completion, whichever comes first.

We offer multiple payment options, including Visa, MasterCard, American Express, Discover, checks, PayPal, and wire transfer.

If you’re interested in proceeding with our service, please request a Service Agreement .

Where can I find more facts on the 8(a) Program?

• You are welcome to view our blog  or 8(a) faqs for more frequently asked questions on the SBA 8(a) Program.
• You can also view the latest SBA 8(a) Regulations (CFR: Title 13:Part 124) and read up on the extensive rules and regulations that govern the 8(a) Program.
• $500.00 for Prequalification.
• If qualified, remaining payments payable in two installments
• We accept Visa, MasterCard, American Express, Discover, Checks, PayPal and Wire Transfer
• All SBA responses included
• This is a turnkey service. No hidden fees.

List of Documents Required to Obtain 8a Certification

We take calls all the time from people that are either looking to complete the application themselves or would like to begin putting the application together while they wait for a specific event to occur so that they can apply for 8(a). To aid people who have these objectives we have put together this list of required documents. I would also suggest after reviewing this list of documents that you also go over our explanation as to how the SBA utilizes these documents. If going it alone, we highly recommend you utilize our 8(a) Review Services as you will see from reviewing this page there are many working parts to the 8(a) application and once your package is submitted there is no taking it back. Additionally, the SBA retains a copy of any 8(a)-application denial letter, and this could hinder future application attempts.

How the SBA Uses These Documents

The SBA uses and reviews every document required and submitted in an 8(a) application. The SBA reports that there is only a 25% success rate in 8(a) applications and for this reason it is important that you understand how any why the SBA uses each of the documents contained in the 8(a) application.

Primary and Secondary Purpose: Document in the 8(a) application in many cases have both a primary and secondary purpose in the application. Meaning the SBA will use the same document to ensure multiple criteria are met. The secondary purpose for the document is the potential pitfall.

Listed below are some of the documents the SBA requires as part of an 8(a) application as well as the area the SBA is using the document to assess as part of the application process.

Our Easy 8(a) Service Process Book a Call

Free consultation to determine eligibility and, review potential obstacles

Retainer letter and non-disclosure agreement to protect our client's privacy, consultation with application checklist preparer. interviews with social, economic and two-year waiver narrative writers, final review of the application, answer sba business opportunity specialist's inquiries, receive sba certification letter.

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MySBA Certifications , a new, upgraded single application for SBA federal contracting certifications, is open!   To apply for one or more certifications, visit   MySBA Certifications .

• Continue to use this system to manage any active certifications until we share information about a future MySBA Certifications’ continuing eligibility module, coming soon.
• Please note, if you want to apply for the Mentor-Protégé Program, continue   here .

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SBA 8(a) Business Development Program

Welcome to certify.sba.gov.

You have been directed to certify.SBA.gov from BDMIS in order to submit the supporting documentation required for your 8(a) application submission. Please review the instructions below in full before establishing your account and attempting to submit your PDF documents. Please feel free to submit any questions you may have to [email protected] .

Instructions:

Please download the following:

• For your convenience, please view the guide below. Guidance to Submitting an 8(a) Application .
• User Guide for certify.SBA.gov . This guide provides instructions on how to establish an account for certify.SBA.gov as well as other important information.

Contacts for Assistance:

For general questions about uploading 8(a) documents, please contact: Certify Help Desk .

For program eligibility questions, please call us:

• Eastern Processing Office: 610-382-3062
• Western Processing Office: 415-744-0328

U.S. Government Accountability Office

Small Business Administration: Recent Changes to the 8(a) Program's Financial Thresholds Need Evaluation

We looked at SBA's 8(a) Business Development Program, which helps socially and economically disadvantaged small businesses. We found:

• SBA didn't submit any of its required annual 8(a) program reports to Congress on time in 2016—2021. For example, it submitted reports for 2016 and 2017 in 2020. SBA also hasn't developed a plan to address delays for future reporting.
• In July 2020, SBA began allowing businesses with higher net worth, income, and asset levels to participate in the 8(a) program. But, SBA has no plans to assess the potential impacts of these changes on the program.

Our recommendations address these issues.

What GAO Found

The Small Business Administration (SBA) annually must report to Congress on the 8(a) Business Development Program. But SBA did not submit the 2016–2021 reports when they were due (April 30 of the following year). SBA submitted the 2016 and 2017 reports in February of 2020. SBA expects to submit the 2018 report in August 2022 and complete the 2019—2021 reports by December 2022. According to SBA officials, multiple factors, including manual data collection and data validation, implementation of a new data system, and the timing of certification for federal contract data contributed to delays in submitting prior reports. Many of these factors likely will continue to affect the timeliness of future reports. But SBA has not documented procedures for producing the reports or assessed its report process for operational efficiencies, and does not have a plan to address report delays. By not doing so, SBA faces the risk that staff may not implement reporting procedures appropriately, reports will continue to be long delayed, and Congress will not receive timely information on the 8(a) program.

In July 2020, SBA changed the 8(a) financial thresholds for determining whether an individual qualifies as economically disadvantaged, but did not conduct any empirical analyses before making the changes.

• SBA increased the threshold for net worth from $250,000 (for program entry and $750,000 for continued participation) to $750,000 (for entry and continued participation); for income from $250,000 (for program entry and $350,000 for continued participation) to $350,000 (for entry and continued participation); and for total assets from $4 million (for program entry and $6 million for continued participation) to $6 million (for entry and continued participation).
• SBA officials said they wanted 8(a) thresholds to match those of the agency's Women-Owned Small Business program.

GAO found the new financial thresholds might increase program participation. Higher numbers of participants also might increase the competition for 8(a) contracts, which have been declining in number in recent years. However, SBA does not plan to assess the potential effects of the new thresholds. Federal standards for internal control state agencies should identify and address risks to achieving their objectives, including significant changes to external and internal conditions. Performing such an assessment could help SBA determine any effects on the ability of the 8(a) program to accomplish its mission—to help eligible small businesses develop over the program's 9-year period—and address any unintended consequences resulting from the new thresholds.

Why GAO Did This Study

SBA's 8(a) Business Development Program is one of the federal government's primary vehicles for developing socially and economically disadvantaged small businesses. SBA determines whether 8(a) firms are economically disadvantaged by assessing the net worth, total assets, and average income of the individuals who own the firms.

GAO was asked to examine the 8(a) program's thresholds for determining economic disadvantage. This report addresses (1) SBA's compliance with the reporting requirement for the 8(a) program, and (2) SBA's revision of the economic disadvantage requirements for the program. GAO analyzed financial data on 8(a) applicants and federal contracting data, reviewed 8(a) program reports, and interviewed SBA officials and small business groups. GAO also held discussions with four groups of program participants.

Recommendations

GAO recommends that SBA (1) document procedures for the report process, (2) assess the process and develop a plan to address report delays, and (3) evaluate the effects of the changes to the 8(a) program's thresholds. SBA concurred with the recommendations.

Recommendations for Executive Action

Full report, gao contacts, media inquiries, public inquiries.

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8(a) Business Development (BD) Program Application Individual Information

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