[Code of Federal Regulations] [Title 13, Volume 1] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 13CFR124.1] [Page 361-363] TITLE 13--BUSINESS CREDIT AND ASSISTANCE CHAPTER I--SMALL BUSINESS ADMINISTRATION PART 124_8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS--Table of Contents Subpart A_8(a) Business Development Sec. 124.1 What is the purpose of the 8(a) Business Development program? Subpart A_8(a) Business Development Provisions of General Applicability Sec. 124.1 What is the purpose of the 8(a) Business Development program? 124.2 What length of time may a business participate in the 8(a) BD program? 124.3 What definitions are important in the 8(a) BD program? Eligibility Requirements for Participation in the 8(a) Business Development Program 124.101 What are the basic requirements a concern must meet for the 8(a) BD program? 124.102 What size business is eligible to participate in the 8(a) BD program? 124.103 Who is socially disadvantaged? 124.104 Who is economically disadvantaged? 124.105 What does it mean to be unconditionally owned by one or more disadvantaged individuals? 124.106 When do disadvantaged individuals control an applicant or Participant? 124.107 What is potential for success? 124.108 What other eligibility requirements apply for individuals or businesses? 124.109 Do Indian tribes and Alaska Native Corporations have any special rules for applying to the 8(a) BD program? 124.110 Do Native Hawaiian Organizations have any special rules for applying to the 8(a) BD program? 124.111 Do Community Development Corporations (CDCs) have any special rules for applying to the 8(a) BD program? 124.112 What criteria must a business meet to remain eligible to participate in the 8(a) BD program? Applying to the 8(a) BD Program 124.201 May any business submit an application? 124.202 Where must an application be filed? 124.203 What must a concern submit to apply to the 8(a) BD program? 124.204 How does SBA process applications for 8(a) BD program admission? 124.205 Can an applicant ask SBA to reconsider SBA's initial decision to decline its application? 124.206 What appeal rights are available to an applicant that has been denied admission? 124.207 Can an applicant reapply for admission to the 8(a) BD program? Exiting the 8(a) BD Program 124.301 What are the ways a business may leave the 8(a) BD program? 124.302 What is early graduation? 124.303 What is termination? 124.304 What are the procedures for early graduation and termination? 124.305 What is suspension and how is a Participant suspended from the 8(a) BD program? Business Development 124.401 Which SBA field office services a Participant? [[Page 362]] 124.402 How does a Participant develop a business plan? 124.403 How is a business plan updated and modified? 124.404 What business development assistance is available to Participants during the two stages of participation in the 8(a) BD program? 124.405 How does a Participant obtain Federal Government surplus property? Contractual Assistance 124.501 What general provisions apply to the award of 8(a) contracts? 124.502 How does an agency offer a procurement to SBA for award through the 8(a) BD program? 124.503 How does SBA accept a procurement for award through the 8(a) BD program? 124.504 What circumstances limit SBA's ability to accept a procurement for award as an 8(a) contract? 124.505 When will SBA appeal the terms or conditions of a particular 8(a) contract or a procuring activity decision not to reserve a requirement for the 8(a) BD program? 124.506 At what dollar threshold must an 8(a) procurement be competed among eligible Participants? 124.507 What procedures apply to competitive 8(a) procurements? 124.508 How is an 8(a) contract executed? 124.509 What are non-8(a) business activity targets? 124.510 What percentage of work must a Participant perform on an 8(a) contract? 124.511 How is fair market price determined for an 8(a) contract? 124.512 Delegation of contract administration to procuring agencies. 124.513 Under what circumstances can a joint venture be awarded an 8(a) contract? 124.514 Exercise of 8(a) options and modifications. 124.515 Can a Participant change its ownership or control and continue to perform an 8(a) contract, and can it transfer performance to another firm? 124.516 Who decides contract disputes arising between a Participant and a procuring activity after the award of an 8(a) contract? 124.517 Can the eligibility or size of a Participant for award of an 8(a) contract be questioned? 124.518 How can an 8(a) contract be terminated before performance is completed? 124.519 Are there any dollar limits on the amount of 8(a) contracts that a Participant may receive? 124.520 Mentor/Protege program. Miscellaneous Reporting Requirements 124.601 What reports does SBA require concerning parties who assist Participants in obtaining federal contracts? 124.602 What kind of annual financial statement must a Participant submit to SBA? 124.603 What reports regarding the continued business operations of former Participants does SBA require? Management and Technical Assistance Program 124.701 What is the purpose of the 7(j) management and technical assistance program? 124.702 What types of assistance are available through the 7(j) program? 124.703 Who is eligible to receive 7(j) assistance? 124.704 What additional management and technical assistance is reserved exclusively for concerns eligible to receive 8(a) contracts? Subpart B_Eligibility, Certification, and Protests Relating to Federal Small Disadvantaged Business Programs 124.1001 General applicability. 124.1002 What is a Small Disadvantaged Business (SDB)? 124.1003 What is a Private Certifier? 124.1004 How does an organization or business concern become a Private Certifier? 124.1005 Can a fee be charged to a firm to process the firm's application for SDB certification? 124.1006 Is there a list of Private Certifiers? 124.1007 How long may an organization or business concern be a Private Certifier? 124.1008 How does a firm become certified as an SDB? 124.1009 How does a firm appeal a decision of a Private Certifier? 124.1010 Can a firm represent itself to be an SDB if it has not yet been certified as an SDB? 124.1011 What is a misrepresentation of SDB status? 124.1012 Can a firm reapply for SDB certification? 124.1013 Is there a list of certified SDBs? 124.1014 How long does an SDB certification last? 124.1015 What is the effect of receiving an SDB certification? 124.1016 Can SBA re-evaluate the SDB status of a firm after SBA certifies it to be SDB? 124.1017 Who may protest the disadvantaged status of a concern? 124.1018 When will SBA not decide an SDB protest? 124.1019 Who decides disadvantaged status protests? [[Page 363]] 124.1020 What procedures apply to disadvantaged status protests? 124.1021 What format, degree of specificity, and basis does SBA require to consider an SDB protest? 124.1022 What will SBA do when it receives an SDB protest? 124.1023 How does SBA make disadvantaged status determinations in considering an SDB protest? 124.1024 Appeals of disadvantaged status determinations. Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d) and Pub. L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L. 101-574, and 42 U.S.C. 9815. Source: 63 FR 35739, June 30, 1998, unless otherwise noted. Provisions of General Applicability Sections 8(a) and 7(j) of the Small Business Act authorize a Minority Small Business and Capital Ownership Development program (designated the 8(a) Business Development or ``8(a) BD'' program for purposes of the regulations in this part). The purpose of the 8(a) BD program is to assist eligible small disadvantaged business concerns compete in the American economy through business development.