SBA’s 8(a) SMALL BUSINESS PROGRAMS
The SBA’S Business Program is designed to help small, disadvantaged businesses compete for government contracts.
Bidding on and winning government contracts is a great way to earn income, but it’s a really complicated process and you should hire an attorney to help you navigate it successfully.
This process can be difficult and time-consuming for companies and can take several months. Attorneys advise clients through each stage of the contract bidding process. mctlaw attorneys have the experience and expertise to do the application process for you to file.
Once clients are certified now it’s time to get to work. The attorneys at mctlaw can help you with the submission of a proposal or bid and the contract negotiation process with the government. mctlaw attorneys can also guide and help you foster teaming arrangements with other companies, which will help protect you when it is time to graduate from the SBA 8a programs in nine years.
The attorneys at mctlaw can also assist clients with defending against claims by other companies
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What are the type of SBA 8(a) programs?
- Tribally Owned Business Program
- HubZone Program
- Women-Owned Small Business Program (Anchor links)
- Minority-Owned Business Program
- Veteran Owned Business Program
Indian Tribe Owned Businesses
A tribally owned business is at least 51% owned by an Indian tribe. Any Indian tribe, band, nation, or other organized group is eligible for programs and services to help their businesses grow and receive contracts.
Through the 8(a) program, businesses can receive resources such as counseling, mentoring, procurement assistance, and more once they are awarded contracts.
The 8(a) program is 9 years and begins from the date the firm is approved by the SBA.
The HUBZone program creates incentives for federal agencies to purchase goods and services from businesses located in HUBZone areas.
Indian reservations and other Indian Country locations automatically qualify as HUBZones. This includes portions of the state of Oklahoma which are designated as Indian reservations by the Internal Revenue Service (Oklahoma tribal statistical areas) and Alaska Native village statistical areas.
Indian tribes qualify as HUBZones after they are certified and must:
- Must be a small business as defined by the SBA
- Must be at least 51% owned and controlled by U.S. citizens, a Community Development Corporation, an agricultural cooperative, or an Indian tribe.
- Have a main office located in a HUBZone.
- 35% of its employees must live in the HUBZone.
HUBZone Program
A HUBZone is a small business program that gives companies in rural and urban communities an advantage in getting awarded federal contracts. The Small Business Association regulates the HUBZone Program. The government’s goal for this program is to give 3% of all federal contracts to HUBZone-certified companies.
What are the qualifications to get certified as a HUBZone business?
- Must be a small business as defined by the SBA
- Must be at least 51% owned and controlled by U.S. citizens, a Community Development Corporation, an agricultural cooperative, or an Indian tribe.
- Have a main office located in a HUBZone.
- 35% of its employees must live in the HUBZone.
How Indian tribes qualify as HUBZones
The HUBZone program creates incentives for federal agencies to purchase goods and services from businesses located in HUBZone areas.
Indian reservations and other Indian Country locations automatically qualify as HUBZones. This includes portions of the state of Oklahoma which are designated as Indian reservations by the Internal Revenue Service (Oklahoma tribal statistical areas) and Alaska Native village statistical areas.
Indian tribes qualify as HUBZones after they are certified and must:
- Must be a small business as defined by the SBA
- Must be at least 51% owned and controlled by U.S. citizens, a Community Development Corporation, an agricultural cooperative, or an Indian tribe.
- Have a main office located in a HUBZone.
- 35% of its employees must live in the HUBZone.
What is a HUBZone protest? Who can file one?
A HUBZone protest is an appeal filed alleging there may have been violations of SBA’s HUBZone rules and certifications.
The SBA or the contracting officer may file a protest, including a competitor who is HUBZone certified.
The protest must be written and submitted by e-mail, mail, or person within five business days after the bid opening.
Defending HUBZone bid protests
If the SBA decides to process a protest, then the protested firm has five business days to provide documentation showing that it complied with the HUBZone eligibility requirements at the time of the contract offer and award.
Women’s-Owned Small Business Program
The Women-Owned Small Business Program is a federal contract program through the Small Business Association.
The program’s purpose is to provide women business owners with access to federal contracts or opportunities to compete for contracts.
To be eligible for the WOSB program, a business:
- Must be a small business as defined by the SBA.
- Must be at least 51% owned and controlled by women who are U.S. citizens.
- Must be considered economically disadvantaged
- Have women manage day-to-day operations and also make long-term decisions.
To qualify for the WOSB Program a business:
- Must meet all the requirements of the WOSB Federal Contracting program.
- Must be owned and controlled by one or more women and have a personal net worth of less than $750,000.
- One or more women must be owned and controlled, each with $350,000 or less in adjusted gross income averaged over the previous three years.
- One or more women must be owned and controlled, each $6 million or less in personal assets.
Certification Process for WOSB
WOSB Businesses may self-certify as women-owned by submitting the proper documentation to the SBA.
A third party can also certify women-owned businesses. They include:
- The Women’s Business Enterprise National Council
- National Women Business Owners Corporation
- El Paso Hispanic Chamber of Commerce
- U.S. Women’s Chamber of Commerce
Minority-Owned Businesses
Minority-owned businesses may also qualify for 8a certifications through the Small Business Administration. This allows disadvantaged companies to compete better for contract funding.
What do you need to qualify?
- Must be a small business
- Must show that 51% of the business is controlled and owned by socially or economically disadvantaged people.
- Must be in operation for two years.
Once the certification is granted, then businesses will have the opportunity to take advantage of the program’s benefits. Races and groups that the program help include:
- African American
- Native Americans
- Hispanic Americans
- Asian Americans
- Subcontinent Asian Americans
The Veteran-Owned Small Business Programs VOSB
If you are a veteran or service-disabled veteran, programs are available to give your small business an advantage when competing for federal contracts.
They include The Veteran-Owned Small Business Program (VOSB), the Service Disabled Veteran Owned Small Business Program (SDVOSB), and the VA’s Veterans First contracting program.
The Veteran-Owned Small Business program awards government contracts to veterans that own their own businesses.
This also allows veterans to purchase surplus property from the federal government.
Eligibility Requirements:
Veteran Owned Businesses must be verified by the small business administration to be eligible to participate in the program.
Service Disabled Veteran Owned Small Business Program – SDVOSB
The Service Disabled Veteran Owned Small Business Program was created to help award at least 3% of the total value of all contract awards to veteran-owned small businesses.
No verification is currently needed for the Service Disabled Veteran Owned Program, and it can be self-certified.
Eligibility Requirements:
- Must have a service-connected disability determined by the VA or Department of Defense.
- Must be a small business.
- One or more veterans must own 51% of the business, control management, long-term decision making, and daily operations, and hold the highest officer position.
- Must work for the firm during regular working hours and live close to the firm.
The VA’s Veterans First Contracting Program
The Veterans First Contracting program allows veteran business owners to bid on government contracts to conduct business for the Department of Veterans Affairs. They also receive first priority in bidding for jobs over other 8(a)programs. The VA has awarded more than $3 billion to veteran-owned small businesses.
Types of Government Contract Issues We Can Help With
- Bid Protests
- Request for Equitable Adjustment REA
- Teaming Arrangements
- SBA’s 8(a) Small Business Program
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