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SBA 8(a)Business Development Program

SBA 8(a)Business Development Program. Marina Laverdy marina.laverdy@sba.gov Commercial Market Representative Office of Government Contracting. Term of Participation START = date of approval. Year 1 2 developmental 3 stage 4 Year 5 6 transitional

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SBA 8(a)Business Development Program

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  1. SBA 8(a)Business Development Program Marina Laverdy marina.laverdy@sba.gov Commercial Market Representative Office of Government Contracting U.S. Small Business Administration

  2. Term of ParticipationSTART = date of approval Year 1 2 developmental 3 stage 4 Year 5 6 transitional 7 stage 8 9 Continuation 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.

  3. EligibilityCriteria

  4. SocialDisadvantage

  5. Socially disadvantagedindividuals are persons who have been subjected to racial or ethnic prejudice or cultural bias because of their identities as members of groups, without regard to individual qualities. U.S. Small Business Administration

  6. Individuals are presumed to be socially disadvantaged if they are a U.S. Citizen and a member of one of the following groups: Black Americans Hispanic Americans Native Americans Subcontinent Asian Americans Asian Pacific Americans U.S. Small Business Administration

  7. Persons not members of presumed groups must: • Establish their case by a preponderance of the evidence What is “Preponderance”? Generally, preponderance is evidence of a quality and quantity which leads the decision maker to objectively conclude that the existence or truth of the facts asserted is more probable than not. U.S. Small Business Administration

  8. Persons not members of presumed groups must: • Present at least one objective distinguishing feature that has contributed to social disadvantage, such as race, ethnic origin, gender, physical handicap, or other causes; Examples: Ethnic origin - Hasidic Jews, individuals with origins from the Middle East Physical disabilities – blindness, deafness, paraplegic, or disabilities with severe physical limitations Gender – women in traditionally male-dominated fields such as construction, engineering, scientific research Race – Native Americans who are not enrolled members of a state or federally recognized tribe U.S. Small Business Administration

  9. EconomicDisadvantage U.S. Small Business Administration

  10. Factors considered when examining economic disadvantage: • Adjusted Net Worth equal to or less than threshold: ($250,000). • Personal Income over the last two years: (average income greater than $200,000 may be considered excessive –not within the top 2% of U.S. incomes as determined by the IRS). • Personal Assets: (total personal assets more than $4 million may be considered excessive). • Firm Financial Condition: (if firm’s RMA ratios are average or better for firms in the same NAICS, the firm may be considered to have overcome economic disadvantage). U.S. Small Business Administration

  11. Ownership

  12. At least 51% unconditional ownership by the disadvantaged person(s). • Partnerships: Agreements must reflect unconditional ownership. • Limited Liability Company: Disadvantaged individuals must own at least 51% of each class of member interest.

  13. Corporations: • Disadvantaged persons must own at least 51% of each class of voting stock and at least 51% of all outstanding stock. • Stock option plans for non-disadvantaged individuals will be viewed as if they have been exercised .

  14. ControlandManagement

  15. Partnerships: Agreements must reflect unconditional management by disadvantaged partner (s). • Limited Liability Company: One or more disadvantaged individuals must serve as management members with unconditional control.

  16. Corporations: How control is established. A. Disadvantaged directors of the board must control the board by actual number of votes and must be able to establish a quorum without the presence of nondisadvantaged directors. OR

  17. Size

  18. Firms must be small based on their primary NAICS Code, including affiliates. Size is determined either by: average 3 years revenues # of employees (manufacturers, dealers, wholesalers) See 13 CFR 121 Size Regulations or visit our website: www.sba.gov. How SBA determines affiliation has changed. For specific questions regarding affiliation, contact your local SBA Government Contracting Size Specialist.

  19. PotentialforSuccess

  20. Factors considered: • Proof of two years operation in the firm’s primary industry as verified by revenues reported in business tax returns. • Financial capability: sufficient capitalization, financial performance, bonding capacity, manageable debts. • Managerial and Technical capability: performance on previous contracts, firm has the necessary personnel, licenses, certifications, facilities, prior experience.

  21. Management capability: Education, experience and training of CEO and other managers, magnitude and complexity of past/current jobs, management systems. • Qualifications for ability to perform on Federal contracts: relevant contracting experience, ability to meet Federal procurement policies.

  22. SBA may waive the two-year rule if: • The individual or individuals upon whom eligibility is to be based have substantial and demonstrated business management experience; • The 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; • The applicant has adequate capital to carry out its business plan as a Participant;

  23. The applicant has a record of successful performance on contracts from governmental and nongovernmental sources in the primary industry category; • The 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.

  24. Ineligible Businesses&Individual Disqualification

  25. Ineligible businesses: brokers*; debarred or suspended persons or concerns; nonprofit organizations. Franchises may be allowed contingent upon SBA review of the franchise agreement. • A business may participate only once. Even if ownership and control has completely changed, firm may not re-apply. • Any person who has used his/her disadvantaged status to qualify another firm shall be regarded as non disadvantaged. * A broker is a concern that adds no material value to an item being supplied to procuring activity or which does not take ownership or possession of or handle the item being procured with its own equipment or facilities.

  26. GoodCharacter

  27. What shows lack of good character? • Adverse information regarding possible criminal conduct by the applicant or its principals. • Violations of any SBA regulations. • Debarred or suspended individuals or firms. • Applicant firms and principals that lack business integrity as shown by an indictment, guilty plea or civil judgment. • Any principal who is incarcerated or on parole or probation. • Evidence that the firm knowingly submitted false information during the application process. • Any firm or any of its principals that fail to pay financial obligations to the Federal Government.

  28. AssistanceAvailableto8(a) BD Program Participants

  29. Training by SBA resource partners in all areas of business. General training sessions are publicized in the SBA District Office Calendar as noted on the Web Site • Information on SBA loans and other programs.

  30. Assistance in identifying Government Procurement agencies and their Procurement Forecasts. • Introduction and search letters and follow-up on specific requirements identified by firm. • Subcontracts with federal government - (SBA serves as the prime contractor). Not available for SDB Only • Scholarships with business schools: Amos Tuck at Dartmouth, Clark - Atlanta and Howard University. • Information on various contracting opportunities with county, airports, large government primes.

  31. What isexpected of Only8(a)BD ProgramParticipants?

  32. Self marketing to federal procurement agencies. • Submission and annual update of business plan. • Access to company records by SBA. • Informing SBA of any changes affecting 8(a)BD eligibility, i.e. changes in business structure, ownership, etc.

  33. Submission of year end financial statements and annual tax returns. • Participation in business development training opportunities and networking offered by SBA. • Staying current in financial obligations to the Federal Government.

  34. 8(a)BDContracting

  35. A requirement is offered to the 8(a)BD program by federal procuring agencies as a result of aggressive self marketing on the part of the 8(a)BD firm. Very few open requirements are offered to the 8(a)BD program.

  36. •Competitive threshold: When the estimated value (including options) exceeds $3.5 million for services and construction and $5.5 million for manufacturing, requirement will be competed among 8(a)BD firms.•Federal Acquisition Regulations (FAR):Apply to and govern 8(a)BD contracts.

  37. Mentor-Protégé Program U.S. Small Business Administration

  38. What Is the Purpose of the Mentor-Protégé Program? • To Encourage Approved Mentors to Provide Various Forms of Assistance to Eligible Participants. • To Serve As an Additional Developmental Tool for 8(a) Participants. • To Enhance the Capabilities of the Protégé and to Improve its Ability to Successfully Compete for Contracts. U.S. Small Business Administration

  39. What Type of Assistance Will the Mentor Provide the Protégé? • Technical and Management Assistance • Financial Assistance in the Form of Equity Investments or Loans • Subcontracting Support • Assistance in Performing Prime Contracts Through Joint Venture (JV) Arrangements U.S. Small Business Administration

  40. What Are the Requirements to Become a Mentor? • A Mentor Can Be an 8(a) Participant in the Transitional Stage, a Firm That Has Graduated From the 8(a) Program, Another Small Business, or a Large Business. A Mentor Must Show Both a Commitment and the Ability to Assist a Protégé in the Program, and, • A Mentor Must Demonstrate That It: • Possesses Favorable Financial Health • Possesses Good Character • Is Not on the Federal Debarred or Suspended List • Can Provide Valuable Support to a Protégé U.S. Small Business Administration

  41. What Are the Requirements to Become a Protégé? • To Qualify As a Protégé, an 8(a) Participant Must: • Be an 8(a) Participant That Is in the Program Developmental Stage, or • Be an 8(a) Participant That Has Never Received an 8(a) Contract, or • Is Less Than Half the Size Standard Corresponding to Its Primary NAICS Code, and • Be an 8(a) Participant in Good Standing U.S. Small Business Administration

  42. Questions? The only dumb question is the one that didn’t get asked! U.S. Small Business Administration

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