The SBA size determination and applicable NAICS Size standards regulations, 13 CFR 121, involve oversight to make sure that contractors bidding on federal government contracts continue to abide by the legal requirements.  Small businesses get some level of preferential treatment when it comes to government contracts. Therefore, the Small Business Administration (“SBA”) is in… Read more »

The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination.  13 CFR 121.1008(d); 13 CFR 121.1009(d).  The adverse inference rule will likely be applied if the protestor fails to… Read more »

SBA Does Make Mistakes When Evaluating Gender Bias for 8a BD Small Business Programs To gain entry into the 8a BD Program, a program designed to help small disadvantaged businesses and SBA Minority Owned Business owners compete in the marketplace, the business entity must be unconditionally owned and controlled by one or more… Read more »

Common Management & Identity of Interest Common management and identity of interest involve complex SBA small business affiliation regulations, that if violated can impact your ability to bid on future government contracts. Issues commonly arise in size protests or during the initial 8a certification application process.  The following are pointers derived from the SBA…. Read more »

Awards for Native American government contracts to super 8(a) tribal entities and Alaskan Native Corporations (ANC 8a Contracts) have become a serious issue for non-native American contractors. According to a GAO study, federal dollars obligated to tribal 8(a) firms grew from $2.1 billion in fiscal year 2005 to $5.5 billion… Read more »

By: Leanna Ajour, Esq.  Simple assumptions can cost you the ability to obtain and retain 8a status. What is more, failure to follow procurement regulations can rise to the level of fraud where ownership and control do not comply with the laws. You are the owner of the company. If… Read more »

On the issue of continuing 8 (a) certification ans suspension due to business integrity issues, on August 14, 2013, the U.S. Small Business Administration (“SBA”) issued a Notice of Suspension to Wichita Tribal Enterprises, LLC (“WTE”).  The SBA’s Notice of Suspension from the 8 (a) certification program said  that WTE could… Read more »

Why Are Your SBA 8a Certification Supporting Documents Critical? When applying for your SBA 8a certification, there are a number of supporting documents that you must gather to send in with your application or use them to get information. You do not want to just look at this as an… Read more »

Your company would like to broaden its horizons and deepen its corporate contracts by venturing into the government contracts arena through 8a certification with the Small Business Administration (SBA).  Great.  But, before you do, make sure the company is prepared to meet the rigorous SBA 8a certification requirements. Section 8(a) Certification… Read more »

The Small Business Administration’s (SBA) 8a Business Development Program Application starts the process for qualified applicants to seek approval from the SBA and join thousands of other disadvantaged businesses to increase their likelihood of getting more business revenues. The 8 a BD Program is a 9-year program initiated by Congress… Read more »