SBA SDB Certification & DBE Requirements (13 CFR 124.1002)
Are you a small disadvantaged business? Although small businesses can self-certify themselves to become SDB certified, after award of a government contract, a competitor can still challenge their small business status or business size classification. Many companies end up losing contracts simply because they were not proactive in making sure that they meet the SBA guidelines and statutory requirements.
Understanding the SBA certified small disadvantaged business certification requirements to get 8a certified can be confusing. If you are trying to establish that you are a small disadvantaged business concern for purposes of SBA 8a certification under 13 CFR 124.1002, several rules apply. At a minimum, to become a certified small business and a legitimate DBE, you must submit a small business self-certification statement.
- Recent rules also allow you to become a self-certified small disadvantaged business. However, if your status is challenged, you will still have to prove the statutory requirements.
- Generally, companies that are single member LLC’s do not have as many issues as multi-member-owned companies.
Small Business Assistance – SBA Size Standards – SBA SDB Certification Services
At Watson & Associates, LLC we provide detailed and reliable small business assistance that increases your chances of overcoming allegations or procurement law violations. Our 8a small disadvantaged business certification consultants and SBA SDB Certification lawyers can help small business owners with:
- Business relationships which may cause economic dependence;
- Meeting the 51% or more owned and control requirements for one or more small and disadvantaged persons;
- Social and economic narratives if required;
- Making sure that your firm meets the SBA size standards;
- Small business size protests;
- Meeting 8a Annual Review Requirement; and
- Appealing adverse inference decisions to SBA OHA.
Many small business owners seeking to get minority business certification fail to get the small 8a small disadvantaged business certification (SBA SDB certification) simply because they are not thoroughly familiar with rules and regulations. If you are trying to establish that you are a small disadvantaged business enterprise for purposes of SBA 8a certification under 13 CFR 124.1002, several rules apply. Find out about avoiding procurement fraud and criminal liability.
SBA Certified Small Disadvantaged Business Help with Minority Business Certification and 8a Business Requirements 13 CFR 124.1002
To meet the basic SBA certification requirements under 13 CFR 124.1002, you must at least make sure you meet the following fundamental statutory 8a business requirements for minority business certification or otherwise.
- The firm must be 51% or more owned and controlled by one or more disadvantaged persons.
- The person or persons must be socially disadvantaged and economically disadvantaged
- The firm must be small, according to SBA size standards.
SBA SDB Certification & 8a Business Development Program – Self Certification
Since October 2008, small companies seeking DBE certification with the SBA can self-certify their status as a small disadvantaged business concern (SDB). TO become a certified small business with the SBA, your company does not have to submit an application to become SBA SDB certified as a DBE. The 8a Business Development Program now allows you to avoid the formal application process.
To self-certify your company an SBA certified small disadvantaged business, you can register your business in the System for Award Management. However, you and your firm must still understand the SBA eligibility criteria for SDBs. Generally, this means that:
While SBA must still certify all firms that participate in the 8(a) Business Development Program, the requirements to be approved are different and more rigorous than SBA SDB only status. For more information on self-certification, view the October 3, 2008 Federal Register notice on why you no longer need to submit an application to SBA.
The SBA frequently denies 8a application because of failure to meet the legal requirements. The small DBE certification regulations and case law also contain very sophisticated legal analysis that many applicants are not aware of. Many applicants seeking to get SDB approved by the SBA mistakenly apply the state and local standards for DBE and MBE certification. This can prove to be a dangerous mistake. Only some of the location DBE and MBE certification criteria may apply for SBA certification. Federal laws apply to SDB certification under 13 CFR 124.1002 and not state law.
What We Do
At Watson & Associates, LLC our federal government small business lawyers have a track record of successfully helping clients to get SDB certified and into the 8a Business Development Program. As part of our small business help services, we also help with other SBA business certifications such as HUBZone and WOSB small business programs.
Our goal is to help clients avoid some of the most costly mistakes seen to date. Simply put, we understand the SBA rules and regulations and take a careful approach when assisting with the preparation of 8a small disadvantaged business certification applications. Government contractors and small business clients seeking to become a certified small business take advantage of our thirty plus years of experience in government contracting and procurement law to increase their chances of SBA approval. See our outcomes as proof of our capabilities.
We frequently help companies across the United States to analyze their particular facts. Our lawyers and consultant advise them whether or not they stand a good chance of meeting the SBA SDB small disadvantaged business enterprise requirements. Although you do not have to submit an application to the SBA for your small business status, you still have to meet the SBA’s SDB requirements. See information about the Runway Extension Act.
Call our SBA 8a certification consultants to make sure that you have met the 8a small disadvantaged business DBE requirements at 1-866-601-5518.
Get Help with SBA SDB Certification Denials – 13 CFR 124.1008
Under 13 CFR Part 124.1008(f)(3)(ii), if the SBA denies your SDB certification, the notice must explain why you do not meet the statutory requirements and give specific reasons for denying your small business certification.
Our 8a certification lawyers and DBE certification consultants understand that if SBA’s determination is incomplete and fails to articulate sufficient explanation for its action, we can argue on appeal that OHA should require the SBA to comply with the law. These are things that our attorneys can help you. View what it takes to become an SBA small disadvantaged business enterprise and how to avoid the adverse inference rule.
Both Social Narratives and Economic Business Narratives May Be Required: Watson & Associates frequently help clients to get their 8a certification status by articulating and complying with SBA requirements.
Although certain ethnic backgrounds are presumed to meet the SBA SDB certification requirements, such a presumption can be rebutted. Our consultants help you to get SDB certified by:
- Understanding the facts of your specific case;
- Applying the complex rules of the 8a Business Development Program to your facts;
- Submitting your 8a certification application in a way that increases your chance of getting SBA SDB approval.
See information about SBA SDB Affiliation Rules and Joint Ventures and
Get SDB Certified. Call Our SBA 8a Small Disadvantaged Business Certification Attorneys
For meeting 8a small disadvantaged business certification and SBA SDB certification requirements for SBA 8a certification under 13 CFR 124.1002, call our SBA lawyers at 1-866-601-5518 for immediate help.