Don’t think the 8(a) Program or HUBZone Program has any work? Think Again!

If you don’t think the 8(a) Program or HUBZone Program can be a valuable tool for your business just look at the following 8(a) and HUBZone contract information pulled from the Federal Procurement Data System (FPDS) for just the period of 10/1/2014 through 09/30/2016.


8(a) Sole Source Contract Actions:
Total Action Obligations: $17,327,494,322.14
Total Contract Actions: 122,381

8(a) Competitive Contract Actions:
Total Action Obligations: $16,760,620,275.87
Total Contract Actions: 72,546

8(a) with HUBZone Preference Contract Actions:
Total Action Obligations: $13,444,789.30
Total Contract Actions: 29

Summary:
Total 8(a) Sole Source, Competitive and HUBZone Preference:

Total Action Obligations: $34,101,559,387.31
Total Contract Actions: 194,956


HUBZone Set-Aside Contract Actions:
Total Action Obligations: $3,300,688,237.85
Total Contract Actions: 23,405

HUBZone Sole Source Contract Actions:
Total Action Obligations: $78,474,087.11
Total Contract Actions: 1,014

Summary:
Total HUBZone Set-Aside and Sole Source:

Total Action Obligations: $3,379,162,324.96
Total Contract Actions: 24,419


Need assistance with your 8(a)  or HUBZone Application? With 15 years and over 2,000 successful applications under our belt, we can assure you that no matter which option you choose, Cloveer will work harder and faster to get your business SBA 8(a) or HUBZone certified.  Contact us today at 813-333-5800 or visiting our website at cloveer.com to discover what Cloveer can do for you.

Certificate of Good Standing. Where to obtain one for my 8(a) Application or HUBZone Application.

When applying for the 8(a) Program or HUBZone Program you are required to provide the SBA with a copy of a current Certificate of Good Standing that is no older than 90 days old when your application is submitted. Some States refer to the the Certificate of Good Standing as a Certificate of Existence, Compliance, Status or Authorization. Below is a links to obtain this required document.

Alabama

Referred to as a Certificate of Existence
Link to obtain: https://www.alabamainteractive.org/sos_eCertificate/welcome.action

Alaska
Referred to as a Certificate of Compliance
Link to obtain: https://www.commerce.alaska.gov/web/cbpl/corporations/certificateofcompliance.aspx

Arizona

Referred to as a Certificate of Good Standing
Link to obtain: http://www.azcc.gov/Divisions/Corporations/CertGoodStanding.asp

Arkansas

Referred to as a Certificate of Good Standing
Link to obtain: https://www.ark.org/sos/good_standing/index.php

California

Referred to as a Certificate of Good Standing
Link to obtain: http://www.sos.ca.gov/business-programs/business-entities/information-requests/

Colorado

Referred to as a Certificate of Good Standing
Link to obtain: https://www.sos.state.co.us/biz/BusinessFunctions.do

Connecticut

Referred to as a Certificate of Legal Existence
Link to obtain: http://www.concord-sots.ct.gov/CONCORD/online?eid=7000&sn=ColeOnline

Delaware

Referred to as a Certificate of Status
Link to obtain: https://corp.delaware.gov/directweb.shtml

District of Columbia (DC)

Referred to as a Certificate of Status
Link to obtain: https://dcra.dc.gov/book/corporate-registration-faqs/corporate-registration-faqs-process

Florida

Referred to as a Certificate of Status
Link to obtain: http://dos.myflorida.com/sunbiz/manage-business/certification/

Georgia

Referred to as a Certificate Existence
Link to obtain: https://ecorp.sos.ga.gov/CertificateOfExistence

Hawaii

Referred to as a Certificate of Good Standing
Link to obtain: https://portal.ehawaii.gov/home/online-services/certificate-of-goods-standing/

Idaho

Referred to as a Certificate of Good Existence
Link to obtain: https://sos.idaho.gov/CORP/certificate_of_existence.html

Illinois

Referred to as a Certificate of Good Standing
Link to obtain: https://www.ilsos.gov/corporatellc/

Indiana

Referred to as a Certificate of Existence
Link to obtain: https://inbiz.in.gov/business-filings/information-requests

Iowa

Referred to as a Certificate of Existence
Link to obtain: https://sos.iowa.gov/business/FormsAndFees.html#CertsAndCopies

Kansas

Referred to as a Certificate of Good Standing
Link to obtain: https://www.kssos.org/other/certificate_good_standing.html

Kentucky

Referred to as a Certificate of Existence
Link to obtain: http://www.sos.ky.gov/bus/businessrecords/Pages/default.aspx

Louisiana

Referred to as a Certificate of Good Standing
Link to obtain: http://www.sos.la.gov/BusinessServices/SearchForLouisianaBusinessFilings/OrderDocumentsAndCertificates/Pages/default.aspx

Maine

Referred to as a Certificate of Existence
Link to obtain: https://icrs.informe.org/nei-sos-icrs/ICRS

Maryland

Referred to as a Certificate of Status
Link to obtain: http://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx

Massachusetts

Referred to as a Certificate of Good Standing
Link to obtain: https://mtc.dor.state.ma.us/mtc/_/

Michigan

Referred to as a Certificate of Good Standing
Link to obtain: http://www.michigan.gov/sos/0,4670,7-127-5647_12539_71074-33117–,00.html

Minnesota

Referred to as a Certificate of Status
Link to obtain: http://www.sos.state.mn.us/business-liens/business-help/how-to-order-copies-of-filings-certificates/

Mississippi

Referred to as a Certificate of Status/Good Standing/Existence
Link to obtain: http://www.sos.ms.gov/BusinessServices/Pages/Order-Documents.aspx

Missouri

Referred to as a Certificate of Good Standing
Link to obtain: https://www.sos.mo.gov/business/formsAndServices

Montana

Referred to as a Certificate of Existence
Link to obtain: https://sos.mt.gov/business

Nebraska

Referred to as a Certificate of Good Standing
Link to obtain: http://www.sos.ne.gov/business/corp_serv/

Nevada

Referred to as a Certificate of Good Standing
Link to obtain: http://nvsos.gov/sos/businesses/commercial-recordings/faqs#59

New Hampshire

Referred to as a Certificate of Good Standing
Link to obtain: http://sos.nh.gov/corpfaq.aspx

New Jersey

Referred to as a Certificate of Standing
Link to obtain: http://www.state.nj.us/treasury/revenue/dcr/programs/ann_rptdue.shtml

New Mexico

Referred to as a Certificate of Good Standing
Link to obtain: http://www.sos.state.nm.us/Business_Services/good-standing-and-status-certificate-information-and-fees.aspx

New York

Referred to as a Certificate of Status
Link to obtain: https://www.dos.ny.gov/corps/faq_certificates_under_seal.page.asp

North Carolina

Referred to as a Certificate of Good Standing
Link to obtain: http://www.dor.state.nc.us/taxes/corporate/lettergoodstanding.html

North Dakota

Referred to as a Certificate of Good Standing
Link to obtain: https://sos.nd.gov/business/business-services/business-services-faqs

Ohio

Referred to as a Certificate of Good Standing
Link to obtain: https://cogs.sos.state.oh.us/(S(2g3njebc2opd3omrdqi4crki))/index.aspx

Oklahoma

Referred to as a Certificate of Good Standing
Link to obtain: https://www.sos.ok.gov/corp/order/orderDefault.aspx

Oregon

Referred to as a Certificate of Existence
Link to obtain: http://sos.oregon.gov/business/Pages/business-registry-certificates.aspx

Pennsylvania

Referred to as a Certificate of Good Standing
Link to obtain: http://www.dos.pa.gov/Businesscharities/Business/Resources/Pages/Good-Standing-Or-Subsistence-Certificates.aspx

Rhode Island

Referred to as a Certificate of Good Standing
Link to obtain: http://sos.ri.gov/divisions/Business-Portal/Certifications-Apostille-Goodstanding

South Carolina

Referred to as a Certificate of Existence
Link to obtain: https://web.sc.gov/SOSDocumentRetrieval/Welcome.aspx

South Dakota

Referred to as a Certificate of Good Standing
Link to obtain: https://sdsos.gov/business-services/corporations/request-certificate-good-standing.aspx

Tennessee

Referred to as a Certificate of Existence
Link to obtain: http://sos.tn.gov/products/business-services/request-certificate-existence-0

Texas

Referred to as a Certificate of Status/Existence
Link to obtain: https://www.sos.texas.gov/corp/copies.shtml

Utah

Referred to as a Certificate of Existence/Good Standing
Link to obtain: https://corporations.utah.gov/inetcorpdocs.html#Existence

Vermont

Referred to as a Certificate of Good Standing
Link to obtain: https://www.sec.state.vt.us/corporationsbusiness-services/good-standing-status-certificates.aspx

Virginia

Referred to as a Certificate of Good Standing/Existence
Link to obtain: https://www.scc.virginia.gov/clk/copy.aspx

Washington

Referred to as a Certificate of Existence/Authorization
Link to obtain: https://www.sos.wa.gov/corps/OrderDocs.aspx

West Virginia

Referred to as a Certificate of Existence/Authorization
Link to obtain: http://www.sos.wv.gov/business-licensing/business/Pages/copiesandcertificates.aspx

Wisconsin

Referred to as a Certificate of Status
Link to obtain: https://www.wdfi.org/corporations/fees/cert_program_inst.htm

Wyoming

Referred to as a Certificate of Good Standing
Link to obtain: https://wyobiz.wy.gov/business/viewcertificate.aspx

 

8(a) Certification and Community Property Laws

§124.104   Who is economically disadvantaged?

(2) When married, an individual claiming economic disadvantage must submit separate financial information for his or her spouse, unless the individual and the spouse are legally separated. SBA will consider a spouse’s financial situation in determining an individual’s access to credit and capital where the spouse has a role in the business (e.g., an officer, employee or director) or has lent money to, provided credit support to, or guaranteed a loan of the business. SBA does not take into consideration community property laws when determining economic disadvantage.

This means that both the applicant (individual claiming disadvantage) and his or her spouse must submit a separate SBA 413 Form during the 8(a) Application process, unless:

They are legally separated.

and;

The SBA will not split all assets and liabilities 50/50 unless they are jointly owned or there is a pre and/or post nuptial agreement that details which assets are held by one individual or another, separately.

§124.105   What does it mean to be unconditionally owned by one or more disadvantaged individuals?

(k) Community property laws given effect. In determining ownership interests when an owner resides in any of the community property states or territories of the United States (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington and Wisconsin), SBA considers applicable state community property laws. If only one spouse claims disadvantaged status, that spouse’s ownership interest will be considered unconditionally held only to the extent it is vested by the community property laws. A transfer or relinquishment of interest by the non-disadvantaged spouse may be necessary in some cases to establish eligibility.

This means that the applicant (individual claiming disadvantage) and their spouse must execute a community property transmutation agreement to ensure that they have transferred or relinquished the proper percentage of ownership held within the applicant firm so that the applicant has unconditional ownership of the applicant firm that is applying for the 8(a) Program.

If you need a template to prepare an acceptable Community Property Transmutation Agreement, please visit our shop that contains a template for purchase.

 

8(a) Certification Tip – Your primary NAICS code and what’s reported on the business tax returns.

When you apply for the SBA 8(a) Program you must report to the SBA what your primary NAICS (North American Industry Classification System) code is.

Your primary NAICS code is defined as the six digit code in which your business earned its largest segment of revenue, in the most recently completed fiscal year. To get 8(a) certified you typically must have earned your largest segment of revenue in your primary NAICS code for at least the last two fiscal years. If your business has not earned the largest segment of revenue in the primary NAICS code reported to the SBA for the last two fiscal years you will need to apply with a 2 year waiver.

To determine the primary NAICS code for your business you can visit our blog post titled “How to Determine your Primary NAICS Code” for detailed instructions.

The primary NAICS code for your business must also match what is reported on your business tax returns otherwise the SBA will assume that the business does not meet the two years in business requirement.

If your primary NAICS code is different that what is reported on your filed business tax returns, and the NAICS code reported on the business tax returns is incorrect you must:

Submit a letter of explanation to SBA, as part of your 8(a) Application, from your CPA or tax preparer regarding the business activity code and service listed on the filed business tax returns vs what NAICS code that should have been reported on them. This letter will save you 15-30 days of processing by the SBA.

Need assistance with your 8(a) Application? With 15 years and over 2,000 successful applications under our belt, we can assure you that no matter which option you choose, Cloveer will work harder and faster to get your business SBA 8a certified.  Contact us today at 813-333-5800 or visiting our website at cloveer.com to discover what Cloveer can do for you.

Stock Certificates and Ledger Guide: What you need to provide and tips for compliance.

Our 2019 Stock/Membership and Ledger Guide will assist in the preparation and 100% completion of your Stock or Membership Certificates and Ledger for your SBA 8(a) Application. This downloadable guide is $150.00. Click on the Buy Now button below to purchase the guide and download now. This guide will not only show you how to properly prepare your Stock/Membership Certificates and Ledger but will save you countless hours of trying to figure out how to be compliant with these SBA 8(a) application requirements and possible endless back and forth or long delays of the processing of your 8(a) application by the SBA. The guide includes the following information:

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2017-07-03_13-13-46

  • Who needs to provide Stock/Membership Certificates and Ledger within the SBA 8(a) Application documentation.

Detailed tips for compliance including:

  • What to do if you have never prepared the required Stock/Membership Certificates and ledger in the past.
  • How to ensure they are completed properly so they correspond with the ownership information presented to the SBA.
  • What to do if you have lost any previous issued  Stock/Membership Certificates.
  • How to properly complete every area of the Stock/Membership Certificates and Ledger  to alleviate any questions by the SBA.

8(a) Certification: Family members with ownership in another business. What do I need to know and provide?

When you apply for the 8(a) Program the SBA will ask if you have any immediate family members who have ownership in a business. Why? 13 C.F.R 121.103(f) defines that the SBA may find affiliation on an identity of interest between individuals or business, including family members.

Immediate family member is defined as father, mother, husband, brother, sister, grandfather, grandmother, grandson, grand-daughter, father-in-law, and mother-in-law.

Tip: They do not ask this question upfront. To alleviate any questions by the SBA during the review process you should provide a signed and dated certification that you or any immediate family members do not have ownership in any other business during the application submission process, if this is the case.

If you do have an immediate family member that has ownership interest in any other business you must provide the following documentation to the SBA:

The above must be supplied if any immediate family member, any owner of more than 10%, any director, any officer has ownership in any other business entity.

  1. SBA Form 355 (listing each firm as an alleged affiliate);
  2. Interim year to date financial statements, as well as number of employees;
  3. Three most recently filed business tax returns, including all schedules, attachments, and proof of tax paid;
  4. If the firm is a corp, provide:
    – Articles of incorporation and by-laws;
    – The last two years of  shareholder meeting minutes showing the election of the board of directors;
    – The last two years of board of director meeting minutes showing the election of the officers;
    – Stock certificates and ledger;
    – Assumed/fictitious name registration, if dba name is used;
    Copies of cert of good standing if your firm is a foreign firm; and;
    – Any buy/sell agreements, stock transfer agreements, etc.
    If the firm is a LLC, provide:
    – Articles of organization and operating agreement;
    – Assumed/fictitious name registration, if a dba name is used;
    – Certificate of good standing; and
    – Any buy/sell agreements, stock transfer agreements, etc.If the firm is a sole prop, provide:
    – Assumed/fictitious name registration.If the firm is a partnership, provide:
    – Partnership agreement;
    – Official filings with the state; and
    – Assumed/fictitious name registration, if a dba name is used.

Why do they require this information?
The SBA requires the above information to determine if any affiliation exists between the 8(a) Applicant firm and any other business that your family member owns.

Need assistance with your 8(a) Application? With 15 years and over 2,000 successful applications under our belt, we can assure you that no matter which option you choose, Cloveer will work harder and faster to get your business SBA 8a certified.  Contact us today at 813-333-5800 or visiting our website at www.cloveer.com to discover what Cloveer can do for you.

 

 

8(a) Certification: Ownership or outside work in any other business can be a certification show stopper!

The applicant(s) for 8(a) Certification must devote full-time to the business that is applying for the 8(a) Program with no outside employment. This means that they must generally work at least 40 hours a week during the normal hours of operation of the business that is applying for the 8(a) Program.

If the applicant(s) have an ownership or are an officer, director or partner  in any other business, other than the business that is applying for the 8(a) Program, the SBA may very well deny your 8(a) Application.

Why?

As stated above, you must devote full-time during the normal hours of operation of the business. If you have ownership or are an officer, director or partner in another business the SBA will likely conclude that you are not devoting full-time to the applicant business even if you do not devote any hours to the operation of this other business.

How to overcome this potential show-stopper?

a. You can dissolve this other business and provide evidence of dissolution to the SBA during the application review process.

b. You can formally resign your officer, director or partner position in this other business and provide evidence of resignation.

b. You can sell your ownership in this other business. The sale must take place at fair market value and you must be able to provide proof of the sale and a copy of any proceeds you might receive. Be sure to factor in any funds you receive as a result of this sale. You must also resign all positions you held in this other business and provide proof of this resignation.

What if the other business is just a business for holding real estate?

If the other business is just for holding real estate and you can prove this to the SBA, you can most likely keep your ownership in this other business since this other business is solely for the purpose of holding and/or protecting you ownership interest in the properties that it holds.

Need assistance with your 8(a) Application? With 15 years and over 2,000 successful applications under our belt, we can assure you that no matter which option you choose, Cloveer will work harder and faster to get your business SBA 8a certified.  Contact us today at 813-333-5800 or visiting our website at www.cloveer.com to discover what Cloveer can do for you.