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SBA 8(a) Business Development Program Tennessee District Office www.sba.gov/tn (615) 736-5881
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Tennessee District Office for 8(a) Business Development Staff! (615) 736-5881 n Vacant, District Director s615-736-5039 ext 253 n Saundra A. Jackson, Senior Area Manager s901-526-9300 n Vergia Bigger, Business Development Specialist s615-736-5629 ext 243 n Kena Dixon, Business Development Specialist s615-736-7426 ext 254
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What is the 8(a) Business Development Program? n Helps small disadvantaged businesses compete in the American Economy n Access to Federal contracting marketplace n Sole source contracting with Federal Government n See SBA 8(a) regulations (13 CFR 124): http://www.sba.gov/library/cfrs/13cfr124.html
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How Long Can A Company Participate in the 8(a) program? n Program Participation is divided into two stages 1.Developmental Stage -- first 4 years Designed to help 8(a) firms overcome their economic disadvantage by providing business development assistance 2.Transitional Stage -- second 5 years Designed to help firms overcome the remaining elements of economic disadvantaged and to prepare participants for leaving the 8(a) Program n Participation term is for period of 9 years n Annual eligibility and participation in the program is dependent on the firm’s continuing eligibility as a socially and economically disadvantaged owned/operated firm and continued compliance with the 8(a)BD participation agreement.
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Eligibility Criteria nMust be a small business sSmall Business Definition: depends on the industry, either Average number of employees for the preceding 12 months Sales volume averaged over a three year period nMust be unconditionally owned and controlled by one or more socially and economically disadvantaged individuals nMust be a United Stated citizen nMust be of good character nMust demonstrate potential for success nAt least 51% of the firm must be owned by socially or economically disadvantaged individuals.
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Who are Socially Disadvantaged Individuals? nThose subject to racial or ethnic prejudice or cultural bias nSocial disadvantage must stem from circumstances beyond control nDesignated groups that are presumed to be socially disadvantaged sBlack Americans sHispanic Americans sNative Americans sAsia Pacific American sSubcontinent Asian American sOthers
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Persons not members of designated groups must: n Establish their case by a preponderance of the evidence; n The disadvantage may stem from race, ethnic origin, gender, physical handicap, long term environmental isolation, or other similar causes; n The applicant must have personally suffered disadvantage in the United States; n The disadvantage must be substantial & chronic; n The discrimination must have negatively impacted on business advancement.
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Can Individuals Not a Member a Designated Group Claim Social Disadvantage? nANSWER: Yes! nIndividual must establish social disadvantage on the basis of “preponderance of evidence” nAcceptable evidence sCourt or administrative findings of discrimination sDocumentary evidence, such as rejection letters on job applications, documents relating to rejected contract offers.
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What does it mean to be “economically disadvantaged”? nSocially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired nDiminished capital and credit opportunities nIndividual’s net worth may not exceed $250,000 excluding: sEquity in the firm sEquity in primary residence $$ EXISTING NET WORTH less$$ equity in primary residence less$$ equity in business Equals Adjusted Net Worth (which must not exceed $250,000)
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What does “Ownership” mean to SBA? nAt least 51% ownership by the disadvantaged person(s). nPartnerships: Agreements must reflect ownership by disadvantaged partner(s). nLimited Liability Company: One or more disadvantaged individual must serve as management members with unconditional control. nCorporations: sDisadvantaged persons must own at least 51% of each class of voting stock and at least 51% of all outstanding stock. sStock option plans for non-disadvantaged individuals will be viewed as if they have been exercised.
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Who must control the operations of the business to be in the 8(a) program? nDoes a disadvantaged individual or individuals devote full-time to the business? nDo you have sufficient managerial experience to run the concern? nDo you have ultimate managerial control over individuals with technical expertise and/or critical licenses?
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What factors are considered when evaluating potential for success? nThe technical and managerial experience of the firm’s managers nThe firm’ operating history nAbility of the firm to access credit and capital nThe firm’s financial capacity nThe firm’s record of performance nWhether the firm or individuals employed by the firm hold the requisite licenses, if the firm is engaged in an industry requiring professional licensing.
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How long must the business have been in operation? nThe firm must have been operational for at least two full years as evidenced by income tax returns nSBA may waive the two-year rule as part of the application if: sThe individual or individuals upon whom eligibility is to be based have substantial and demonstrated business management experience; sThe applicant has demonstrated technical expertise to carry out its business plan with a substantial likelihood for success if admitted to the 8(a) BD Program; sThe applicant has adequate capital to carry out its business plan as a Participant; sThe applicant has a record of successful performance on contracts from governmental and nongovernmental sources in the primary industry category; sThe applicant has, or can demonstrate its ability to timely obtain the personnel, facilities, equipment, and any other requirements needed to perform such contracts as a Participant.
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Are you a small business? nFirms must be small based on their primary North American Industrial Classification Code (NAICS code) including affiliates. (See SBA’s size web site at: www.sba.gov/size) nSize is determined either by: average 3 years revenues - dollars # of employees (manufacturers, dealers, wholesalers) nSee 13 CFR 121 Size Regulations or visit our website: www.sba.gov.
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Registration in Central Contractor Registration! n NOTE: Both 8(a) firms and SDB firms, or any firm doing business with the Federal government must first register in CCR (Central Contractor Registration) at www.ccr.gov. www.ccr.gov
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HUB-Zone Program n Provide federal contracting assistance for qualified small business concerns located in historically underutilized business zones to: n Increase employment opportunities; sStimulate capital investment in the designated areas sEmpower communities through economic leveraging
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Qualified Areas n Qualified Census Tracts. n Qualified Non-metropolitan Counties: sMedian household income is less than 80% of the non-metropolitan state median household income. sUnemployment rate that is not less than 14% of the state-wide average unemployment rate. n Indian reservations (external boundary).
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Requirements for HUB-Zone Program n Must be a small business. n Concern must be at least 51% owned and controlled by US citizens. n The principal office of the concern must be located in a designated HUB- Zone area. n At least 35% of the concern’s employees must reside in a HUB-Zone. n Must meet all these requirements.
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The Certification Process n On-line certification. n Fully electronic application process. n Access to company records by SBA. n SBA may request additional information or clarification any time after submission. n SBA’s will periodically review HUB-Zone firms for continued eligibility.
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8(a) Business Development Program, Small Disadvantage Business Certification, or HUB-Zone Certification n QUESTIONS OR COMMENTS?
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