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Electronic Code of Federal Regulations

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e-CFR Data is current as of March 26, 2015

Title 13Chapter IPart 124

TITLE 13—Business Credit and Assistance





Provisions of General Applicability

What is the purpose of the 8(a) Business Development program?
What length of time may a business participate in the 8(a) BD program?
What definitions are important in the 8(a) BD program?
What restrictions apply to fees for applicant and Participant representatives?

Eligibility Requirements for Participation in the 8(a) Business Development Program

What are the basic requirements a concern must meet for the 8(a) BD program?
What size business is eligible to participate in the 8(a) BD program?
Who is socially disadvantaged?
Who is economically disadvantaged?
What does it mean to be unconditionally owned by one or more disadvantaged individuals?
When do disadvantaged individuals control an applicant or Participant?
What is potential for success?
What other eligibility requirements apply for individuals or businesses?
Do Indian tribes and Alaska Native Corporations have any special rules for applying to the 8(a) BD program?
Do Native Hawaiian Organizations have any special rules for applying to the 8(a) BD program?
Do Community Development Corporations (CDCs) have any special rules for applying to the 8(a) BD program?
What criteria must a business meet to remain eligible to participate in the 8(a) BD program?

Applying to the 8(a) BD Program

May any business submit an application?
How must an application be filed?
What must a concern submit to apply to the 8(a) BD program?
How does SBA process applications for 8(a) BD program admission?
Can an applicant ask SBA to reconsider SBA's initial decision to decline its application?
What appeal rights are available to an applicant that has been denied admission?
Can an applicant reapply for admission to the 8(a) BD program?

Exiting the 8(a) BD Program

What are the ways a business may leave the 8(a) BD program?
What is graduation and what is early graduation?
What is termination?
What are the procedures for early graduation and termination?
What is suspension and how is a Participant suspended from the 8(a) BD program?

Business Development

Which SBA field office services a Participant?
How does a Participant develop a business plan?
How is a business plan updated and modified?
What business development assistance is available to Participants during the two stages of participation in the 8(a) BD program?
How does a Participant obtain Federal Government surplus property?

Contractual Assistance

What general provisions apply to the award of 8(a) contracts?
How does an agency offer a procurement to SBA for award through the 8(a) BD program?
How does SBA accept a procurement for award through the 8(a) BD program?
What circumstances limit SBA's ability to accept a procurement for award as an 8(a) contract?
When will SBA appeal the terms or conditions of a particular 8(a) contract or a procuring activity decision not to use the 8(a) BD program?
At what dollar threshold must an 8(a) procurement be competed among eligible Participants?
What procedures apply to competitive 8(a) procurements?
How is an 8(a) contract executed?
What are non-8(a) business activity targets?
What percentage of work must a Participant perform on an 8(a) contract?
How is fair market price determined for an 8(a) contract?
Delegation of contract administration to procuring agencies.
Under what circumstances can a joint venture be awarded an 8(a) contract?
Exercise of 8(a) options and modifications.
Can a Participant change its ownership or control and continue to perform an 8(a) contract, and can it transfer performance to another firm?
Who decides contract disputes arising between a Participant and a procuring activity after the award of an 8(a) contract?
Can the eligibility or size of a Participant for award of an 8(a) contract be questioned?
How can an 8(a) contract be terminated before performance is completed?
Are there any dollar limits on the amount of 8(a) contracts that a Participant may receive?
What are the rules governing SBA's Mentor/Protégé program?
What are the requirements for representing 8(a) status, and what are the penalties for misrepresentation?

Miscellaneous Reporting Requirements

What reports does SBA require concerning parties who assist Participants in obtaining federal contracts?
What kind of annual financial statement must a Participant submit to SBA?
What reports regarding the continued business operations of former Participants does SBA require?
Report of benefits for firms owned by Tribes, ANCs, NHOs and CDCs.

Management and Technical Assistance Program

What is the purpose of the 7(j) management and technical assistance program?
What types of assistance are available through the 7(j) program?
Who is eligible to receive 7(j) assistance?
What additional management and technical assistance is reserved exclusively for concerns eligible to receive 8(a) contracts?


General applicability.
What is a Small Disadvantaged Business (SDB)?
How does a firm become certified as an SDB?
What is a misrepresentation of SDB status?
How long does an SDB certification last?
Can SBA initiate a review of the SDB status of a firm claiming to be an SDB?
Who may protest the disadvantaged status of a concern?
When will SBA not decide an SDB protest?
Who decides disadvantaged status protests?
What procedures apply to disadvantaged status protests?
What format, degree of specificity, and basis does SBA require to consider an SDB protest?
What will SBA do when it receives an SDB protest?
How does SBA make disadvantaged status determinations in considering an SDB protest?
Appeals of disadvantaged status determinations.
What are the requirements for representing SDB status, and what are the penalties for misrepresentation?
What must a concern do in order to be identified as a SDB in any Federal procurement database?

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