[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: 13CFR124.204]



[Page 380-381]

 

                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. 124.204  How does SBA process applications for 8(a) BD program 

admission?



    (a) The AA/8(a)BD is authorized to approve or decline applications 

for admission to the 8(a) BD program. The appropriate DPCE field office 

will receive, review and evaluate all 8(a) BD applications except those 

from ANC-owned applicants. SBA's Anchorage District Office will receive 

all applications from ANC-owned applicants and review them for 

completeness before sending them to the AA/8(a)BD for further 

processing. The appropriate field office will advise each program 

applicant within 15 days after the receipt of an application whether the 

application is complete and suitable for evaluation and, if not, what 

additional information or clarification is required to complete the 

application. SBA will process an application for 8(a) BD program 

participation within 90 days of receipt of a complete application 

package by the DPCE field office. Incomplete application packages will 

not be processed.

    (b) SBA, in its sole discretion, may request clarification of 

information contained in the application at any time in the application 

process. SBA will take into account any clarifications made by an 

applicant in response to a request for such by SBA.

    (c) An applicant concern's eligibility will be based on 

circumstances existing on the date of application, except where 

clarification is made pursuant to paragraph (b) of this section or as 

provided in paragraph (d) of this section.

    (d) Changed circumstances for an applicant concern occurring 

subsequent to its application and which adversely affect eligibility 

will be considered and may constitute grounds for decline. The applicant 

must inform SBA of any changed circumstances that could adversely affect 

its eligibility for the program (particularly economic disadvantage and 

ownership and control) during its application review. Failure to inform 

SBA of any such changed circumstances constitutes good cause for which 

SBA may terminate the Participant if non-compliance is discovered after 

admittance.

    (e) The decision of the AA/8(a)BD to approve or deny an application 

will be in writing. A decision to deny admission will state the specific 

reasons for denial, and will inform the applicant of any appeal rights.



[[Page 381]]



    (f) If the AA/8(a)BD approves the application, the date of the 

approval letter is the date of program certification for purposes of 

determining the concern's program term.