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What are the benefits of the 8(a) program?
1. You will have access to sole source/non-competitive federal contracts with a value of:
1. You will have access to sole source/non-competitive federal contracts with a value of:
- $4M and under for all services related contracts
- 6.5M and under for manufacturing related contracts
- $4M and over for all services related contracts
- $6.5M and over for manufacturing related contracts
- There are less than 7,000 active 8(a) participants (As of May 2017) in the entire 8a Program.
- The big-guys (Lockheed Martin, CSC, EDS, Halliburton, etc.) cannot compete for these contracts.
- 8(a) contracts require much less paperwork, time and bureaucracy than most other federal procurement methods.
- 8(a) contracts cannot be protested.
- 8(a) contracts take about 1/10 the amount of time to be awarded compared to most other federal procurement methods.
- You will have the ability to perform larger prime contracts and overcome the effects of contract bundling, the combining of two or more contracts together into one large contract. Also through the SBA Mentor Protege Program it will allow your firm to learn the ropes from other more experienced businesses.
What to expect before and after you sign up for this service?
BEFORE YOU SIGN UP:
Before we take you on as client, we ask you to complete our 8(a) Eligibility Analysis Questionnaire to ensure there are no potential 8(a) Program eligibility issues that may prevent your business from becoming SBA 8(a) Certified. If we find any show stoppers based upon your responses to our questionnaire, we identify what they are and let you know what needs to be done to overcome them, if possible, so you can apply when you are able to.
WHEN YOU ARE READY TO SIGN UP:
Assuming you meet all of the eligibility requirements for the 8(a) Program, we then send you a service agreement for the Full 8(a) Application Completion Service. Once we receive it back from you, we provide you with a progress report that details the specific documentation needed from you and your business based upon your unique circumstances. Along with this progress report we provide data collection worksheets, templates and samples that will assist you in providing or collecting some of the information requested. We also provide you with access to a secure location to upload the requested information/documents to.
We review, prepare and complete your entire SBA 8(a) Application including the online 8(a) Application through certify.sba.gov including uploading all required SBA forms, attachments and supporting enclosures that might be required. We also assist in preparing the 2-year waiver, if needed, and the narrative statement of social disadvantage, if required.
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. Below is a general listing of items reviewed. Since every 8(a) application is unique some of the required items may not be listed below:
We package all 8(a) Application required documents in the preferred format (PDF) that the SBA wants it submitted in for electronic submission. Every item and specific area within your 8(a) Application will be noted as applicable or not so your assigned SBA 8(a) reviewer can review your 8(a) Application as fast as possible.
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.
We are devoted to making sure your 8(a) Application has the best chance for SBA approval and provide full support and guidance from the service start until you receive notification from the SBA that you are officially 8(a) certified.
BEFORE YOU SIGN UP:
Before we take you on as client, we ask you to complete our 8(a) Eligibility Analysis Questionnaire to ensure there are no potential 8(a) Program eligibility issues that may prevent your business from becoming SBA 8(a) Certified. If we find any show stoppers based upon your responses to our questionnaire, we identify what they are and let you know what needs to be done to overcome them, if possible, so you can apply when you are able to.
WHEN YOU ARE READY TO SIGN UP:
Assuming you meet all of the eligibility requirements for the 8(a) Program, we then send you a service agreement for the Full 8(a) Application Completion Service. Once we receive it back from you, we provide you with a progress report that details the specific documentation needed from you and your business based upon your unique circumstances. Along with this progress report we provide data collection worksheets, templates and samples that will assist you in providing or collecting some of the information requested. We also provide you with access to a secure location to upload the requested information/documents to.
We review, prepare and complete your entire SBA 8(a) Application including the online 8(a) Application through certify.sba.gov including uploading all required SBA forms, attachments and supporting enclosures that might be required. We also assist in preparing the 2-year waiver, if needed, and the narrative statement of social disadvantage, if required.
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. Below is a general listing of items reviewed. Since every 8(a) application is unique some of the required items may not be listed below:
- Dun and Bradstreet profile. We ensure the principal address for the business is correct and all other company information is accurate
- SAM.GOV profile. We review the profile to ensure all applicable boxes are checked and all other information is accurate
- Website and LinkedIn profile. We review these to ensure that there is no conflicting or inaccurate information contained on your site or LinkedIn profile.
- Corresponding 1010 form for your business and all associated answers to each question to ensure everything is accurate and all supporting documents required based upon your unique responses are 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 form is completed accurately
- Fictitious business name/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 type of formation. 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's requirements 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 ledger to ensure ownership is reported correctly
- 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. We provide a detailed contract listings worksheet and ensure that all required information is reported including checking for economic dependency
- Subcontractor breakdown, if required
- SBA Form 1010 - Personal, and all associated answers to each question to ensure they are answered accurately and all supporting documents required based upon your unique responses are complete and compliant
- Documents related to outside ownership in any other business. 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 taxes and ensure the resume meets the SBA's unconditional control requirement
- SBA Form 413 - 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 threshold
- Supporting statements to corroborate SBA Form 413 amounts. We review each statement and properly allocate the correct amounts to the respective individual along with ensuring that the SBA's time sensitivity requirements are met
- SBA Form 912 - 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's Adjusted Gross Income requirements and all W-2s are provided
- Evidence of payment for any personal taxes owed, if applicable
- Business financial Statements for current YTD and last three years. We compare these against the company tax returns for accuracy
- Business tax returns for the last three years. We ensure that all ownership is accurately reported
- Evidence of 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
- Narrative statement of social disadvantage, if applicable. We assist in the preparation of this document and provide a detailed work package to help you produce a narrative that meets the SBA's preponderance of evidence standard
We package all 8(a) Application required documents in the preferred format (PDF) that the SBA wants it submitted in for electronic submission. Every item and specific area within your 8(a) Application will be noted as applicable or not so your assigned SBA 8(a) reviewer can review your 8(a) Application as fast as possible.
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.
We are devoted to making sure your 8(a) Application has the best chance for SBA approval and provide full support and guidance from the service start until you receive notification from the SBA that you are officially 8(a) certified.
What are the basic eligibility requirements to get 8(a) certified?
Generally, to be approved into the 8(a) Program and become certified you must meet these basic eligibility requirements:
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Generally, to be approved into the 8(a) Program and become certified you must meet these basic eligibility requirements:
- All applicant(s) must be a US Citizen. (Applicant = The 51% or more owner or anyone else who is considered the applicant for 8(a) Certification 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 that they must work at least 40 hours per week, during the normal business hours, in 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 or Managing Member.
- The primary applicant must be able to demonstrate that they are the highest compensated in the business that is applying for 8(a) Certification. Generally, the SBA will deny your 8(a) application if you cannot demonstrate the applicant currently is 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 $250,000 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 subject to a penalty for early withdrawal). Complete our adjusted net worth calculator to help determine yours.
- The applicant(s) AGI (Adjusted Gross Income) cannot be more than $250,000 averaged over the last three tax years. If you suspect you might exceed this, we have an AGI Analysis to help determine your AGI
- 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 towards their adjusted net worth.
- If the applicant(s) are not a member of one of the SBA's designated groups they must also 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 license or professional certification is not an equity owner and the applicant(s) can prove that they have supervisory control over this individual.
- The applicant(s) and any other owner in the business or 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. All liens must be satisfied.
- The applicant(s) and any other owner in the business or 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) and any other owner in the business or 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 was is in a totally separate line of business.
- The business concern, applicant(s) and any other owner in the business or who is considered a key officer, employee or director cannot have filed for bankruptcy in the last 7 years unless the bankruptcy has been discharged by the court.
- The applicant(s) and any other owner in the business or who is considered a key officer, employee or director should generally not be involved in any pending civil lawsuits.
- 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 LLC for holding real estate.
- Any other owner in the business or 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. Please call for further clarification.
- Any other owner in the business or 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) and any other owner in the business or who is considered a key officer, employee or director cannot be debarred from doing business with the federal government.
- The applicant(s) and any other owner in the business or who is considered a key officer, employee or director cannot be on probation or parole. If the 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 severely delay the review of your 8(a) Application by a minimum of 90+ days.
- The business concern must be considered small 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 determination on.
- The business concern must have been in business for 2 full years. In addition, the last two years of its filed tax returns must show a reasonable amount of revenues. If it has not, you must seek a waiver and meet the 5 conditions set by the SBA to overcome this condition.
- The business concern and the applicant cannot have any delinquent tax filings or have any 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. All liens must be satisfied.
- The business concern must be at least 51% directly owned by the applicant. 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 financial statements must exhibit positive net income, positive net equity and positive working capital at the time of application submission.
- The business concern cannot be earning more than 70% of your total revenue from one (1) commercial billable client in the last 12 months. Your past 2 to 3 years of contract mix must also generally show that you have not have earned more than 70% of your total revenue from one of your commercial billable clients. Note. The 70% rule does not apply if your direct billable client is a federal, state or local government agency. To determine if you meet the 70% rule. Visit our blog posting to see an easy flow chart that will help identify any issues you might have.
- 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 great detail. Please call for further clarification.
- 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. Please call for further clarification.
- If the business has ownership in or an affiliation with another business the SBA will want to examine this in great detail. Please call for further clarification.
- If another business has ownership in the business concern applying for 8(a) Certification, the SBA will want to examine this in great detail. Please call for further clarification.
- 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 who is considered a key officer, employee, other than the applicant(s), the SBA will want to examine this in great detail. Please call for further clarification.
- 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 great detail. Please call for further clarification.
- The business concern applying for 8(a) Certification cannot be 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. Please call for further clarification.
- Please Note. The above are the general 8(a) eligibility requirements! There may be more eligibility requirements based upon your unique business circumstances.
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What types of information will need to be collected and provided to the SBA?
Keep in mind that each 8(a) Application is unique and document requirements vary for each 8(a) Application. Below is a general list of items that will need to be included within your application. Your unique application may require additional items not specified below.
Keep in mind that each 8(a) Application is unique and document requirements vary for each 8(a) Application. Below is a general list of items that will need to be included within your application. Your unique application may require additional items not specified below.
- 1040 tax returns (last three filing years) including all schedules, attachments, W-2s, 1099's and proof of payment for any tax owed for each 8(a) Applicant and their spouse.
- Business Federal tax returns including all schedules and attachments for the last three filing years, or as many as you have been in business, if less than 3 years.
- 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.
- 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.
- A current certificate of good standing (required for Corporations and LLC's only)
- 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
- 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 lease agreement for business. If you operate out of your home, a letter of explanation to the SBA along with a copy of the deed or home lease agreement.
- A current personal financial statement that includes the following: (e.g.; Checking/Savings, IRAs with terms and conditions, Life Insurance (Cash Surrender only), Stocks/Bonds, Mortgage, Deeds, Fair Market Value for Real Estate, Home Owners Insurance Policy, 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.)
How long does it typically take to complete the 8(a) Application?
It typically takes a minimum of 2 weeks to prepare an 8(a) Application, although this time frame can be shorter or longer depending on the degree of complexity of your 8(a) Application.
Be cautious if any other consultant tells you that they can prepare your 8(a) application in just a few days, as this is sure to result in a denial or returned application. A typical 8(a) Certification Application is several hundred to over a thousand pages in length and can be more than 4 to 5 inches thick when submitted to the SBA. It takes time to properly compile, complete and review all of your documentation.
It typically takes a minimum of 2 weeks to prepare an 8(a) Application, although this time frame can be shorter or longer depending on the degree of complexity of your 8(a) Application.
Be cautious if any other consultant tells you that they can prepare your 8(a) application in just a few days, as this is sure to result in a denial or returned application. A typical 8(a) Certification Application is several hundred to over a thousand pages in length and can be more than 4 to 5 inches thick when submitted to the SBA. It takes time to properly compile, complete and review all of your documentation.
How long does it typically take to get 8(a) Certified once the 8(a) Application is submitted?
Once you submit your 8(a) Application to the SBA for review, you will typically receive an email within 2 business weeks that identifies your SBA reviewer. Your SBA reviewer, may at this time, request additional information to answer any questions they may have. We can prepare all formal responses to the SBA, at a mutually agreed upon additional fee, if you would like us to do this. Once the SBA has determined that your 8(a) Application is deemed complete, it will take approximately 90 days to be notified of a decision by the SBA.
Once you submit your 8(a) Application to the SBA for review, you will typically receive an email within 2 business weeks that identifies your SBA reviewer. Your SBA reviewer, may at this time, request additional information to answer any questions they may have. We can prepare all formal responses to the SBA, at a mutually agreed upon additional fee, if you would like us to do this. Once the SBA has determined that your 8(a) Application is deemed complete, it will take approximately 90 days to be notified of a decision by the SBA.
