Common misconceptions about getting 8(a) Certified

Myth: It’s easy to get SBA 8(a) Certified.

As of December 2022 there are less than 7,000 active 8(a) Program participants and have never been more than 10,000 active 8(a) Program participants at any one time in the SBA 8(a) Program’s history.

Fact: The SBA returns over 90% of all 8(a) applications submitted and rejects 70% of all 8(a) applications submitted for review.

Myth: All I need to do is fill out the SBA’s 8(a) electronic application through certify.sba.gov and I will get 8(a) Certified.

The SBA’s 8(a) electronic application is where you formally apply and submit your 8(a) application responses and upload your unique documentation, however in order to even get to the certify.sba.gov process you must do a lot of leg work.  You must have a Dun and Bradstreet Profile, SAM.GOV profile and gathered and collected all of the required documents to be submitted to the SBA. Just collecting the required information does not guarantee that you will get 8(a) Certified. There are many requirements that the 8(a) applicant and firm must meet, along with the SBA requirements within your unique documents submitted to the SBA. For example. Just submitting your Bylaws or Operating Agreement may not cut it. There are specific provisions within these documents to ensure the unconditional requirements of the 8(a) Program are met.

Fact: The certify.sba.gov 8(a) application does not allow you to move forward to the next question, most of the time, without having uploaded the required documents, in the appropriate format requested. Also, the SBA application will not automatically inform you if you have an eligibility issue.

Myth: Once I submit my 8(a) application through certify.sba.gov I am done and will get 8(a) Certified quickly.

Typically, when you answer all of the questions, upload all of the required documents and hit the submit button, the SBA takes anywhere from 1 to 2 weeks to assign a reviewer to your case. At this point, they will most likely come back and ask for additional information or clarifications, regardless of how complete and thorough you thought you were when completed the 8(a) Application. If your SBA reviewer makes a determination that your 8(a) application is not complete, they will return your 8(a) Application and you must go through the 8(a) application submission process again. This results in a minimum of a 15 to 30 day additional delay. Assuming you properly answer, respond to and upload any additional information requested by the SBA reviewer and re-submit your 8(a) Application, your back in the queue again. We call this the endless review cycle at the SBA and this is where most get frustrated and just give up.

Fact: It takes anywhere from 90 to 180 days to get formally 8(a) Certified even if all of your information was 100% correct and perfect. The SBA does not even start this 90-180 clock until the deem your 8(a) application complete for processing.

Myth: Once I get 8(a) Certified, I am guaranteed a federal contract.

Getting 8(a) certified does not guarantee that you will receive an 8(a) contract.

Fact: About 50% of all 8(a) Program participants never receive one contract because they do not know how to market their business to the federal government. Getting 8(a) certified will certainly open opportunities at the federal level but you must still spend the time and effort in marketing your business to potential federal clients.

Myth: My ASBDC, PTAC and local SBA office told me I qualified to become 8(a) Certified.

There are only two processing offices (King of Prussia, PA and San Francisco, CA) that review all 8(a) applications submitted. Final determination on whether you will become 8(a) certified is made within the Washington, DC office. There are approximately 10-15 SBA 8(a) Application reviewers within the two processing offices.

Fact: Anyone who tells you that you qualify for 8(a) certification before reviewing ALL of your 8(a) application paperwork does not know what they are talking about and it will most likely result in your 8(a) Application being returned or denied by the SBA.

Myth: I don’t need any assistance in putting my 8(a) application together.

Unless you understand the SBA 8(a) Program Regulations, you should not attempt to put your 8(a) Application together yourself. The SBA 8(a) Application has many tripwires and potential application “killers” that could cause your 8(a) application to be returned for incompleteness or even rejected. We suggest that you find some assistance to help with some or all areas of your 8(a) application.

At Cloveer, we conduct a detailed free pre-qualification interview with any potential client before we engage or start preparing their 8(a) application.

Our questionnaire asks you the “Killer” questions that will let us, or more importantly you, know if you have an eligibility issue.

Fact: There are ways around a lot of the 8(a) Program eligibility issues but not everyone will be able to qualify.

We advise any potential client on the pros and cons to any eligibility issue and tell them when they have an eligibility issue that has no workarounds. Our feeling is that is it better for you to know now, rather than later.

As you can see from our blog, website and 8(a) frequently asked questions section, we provide more information about the 8(a) Program than all of our competitors.

We want you to know as much information about the SBA 8(a) Program as possible since you will be the one participating and using it as one of the tools to becoming a success.

The more you know, the better decisions you can make before you apply and while you are in the 8(a) Program.

For more information on the 8(a) Program, call us at 813-333-5800 or schedule a call to have your questions answered.

What information will need to be provided with your 8(a) Application submitted to the SBA.

Keep in mind that each 8(a) Application is unique and document requirements vary for each 8(a) Application.

Below is a general list of items that will need to be included within your 8(a) application. Your unique application may require additional items not specified below.

  • Signed 1040 personal tax returns (last three filing years) including all schedules, attachments, W-2’s, 1099’s and proof of payment for any tax owed for each 8(a) Applicant and their spouse.
  • Signed business federal tax returns including all schedules and attachments for the last three filing years, or as many as you have been in business, if less than 3 years. Proof of payment for any tax owed may be required, if applicable.
  • Balance Sheet, Income Statement, A/P and A/R aging statements no older than 30 days old for the current year to date. Please note, your financial statements must be prepared either on an income tax basis or be GAAP compliant.
  • Balance Sheet, Income Statement, A/P and A/R aging statements for the last three completed fiscal years.
  • resume for each 8(a) Applicant and any other key officer, employee, director or 10% or more owner.
  • A detailed listing of all clients broken down by revenue earned for the last 12 months and possibly for the last three years.
  • A current certificate of good standing (required for Corporations and LLC’s only).
  • Stock certificates/Stock ledger (Corp), Membership Certificates/ledger(LLC).
  • Articles of Incorporation/Organization/Partnership filing/DBA Filing.
  • Foreign Organization Filings and associated Certificates of Good Standing (If applicable).
  • Articles of Conversion/Buy-Sell Agreements, Voting Agreements (if applicable).
  • Bylaws, Operating Agreement or Partnership Agreement.
  • Stockholder/Board or Member Meeting minutes (Most Recent).
  • Proof of US Citizenship (if required).
  • Business bank signature cards.
  • Copies of all business and special licenses.
  • Copies of any business loan agreements.
  • A copy of the current lease agreement for business.
  • A current personal financial statement and supporting statements for  the following: (Checking/Savings, IRAs with terms and conditions, Life Insurance (Cash Surrender only), Stocks/Bonds, Mortgage, Deeds, Fair Market Value for Real Estate, Home Owners Insurance Policy, Any Other Assets (Boats, RV’s, Motorcycle, Other Business Ownership, etc.), Automobile Title/Registration and associated loans, Credit Cards, Home equity or any other Loan Agreements (Student, etc.).

For more information, or assistance with your 8(a) Application, please visit cloveer.com.

Want to know if you really qualify for the SBA 8(a) Program?

Exploring the possibility of applying for the SBA 8(a) Program?

Don’t know where to start? The first step is to find out if you meet the SBA’s 8(a) Program eligibility requirements before you decide to take the leap into the complex 8(a) Application.

You can view all of the basic eligibility requirements by visiting cloveer.com or read below.

Cloveer offers a free online 8(a) eligibility questionnaire that will help determine your current state for 8(a) Program eligibility.

The questionnaire will take approximately 15-20 minutes to complete online and is free.

As you answer the majority of the questions, our tool will automatically inform you if you have a potential 8(a) Program eligibility issue.

The questionnaire covers 100% of all current 8(a) eligibility criteria.

Upon your submission of eligibility questionnaire we will review your responses and follow up to discuss your current state of 8(a) Program eligibility and answer any additional questions you might have.

8(a) Program Eligbility Questionnaire

8(a) Certification: Are you earning revenue from a past employer?

When you apply for the 8(a) Program the SBA will look at your current year to date and the past two to three years of revenue and whom it earned its revenue from. If you have earned revenue from a client who happens to be your past employer the SBA may take issue with this.

The relationship your firm has with your former employer can have a negative impact on your ability to get successfully 8(a) Certified if it results in the ability for them to impact your to control of your firm. Earning a large percentage of your revenue from a past employer may result in the SBA denying your application.

Why?

As stated above, the SBA will look at your mix of clients and if a large percentage of your revenue comes from a past employer they could possibly try to affiliate you with your past employer since you had a employer/employee relationship. There is no magical number for the percentage since they look at the totality of the relationship such as contracts, subcontracts, sharing of employees, facilities, etc.

If you do have a relationship with your former employer you should try to keep any possible affiliation to a minimum.

To determine your overall state of 8(a) eligibility including possible issues such as above, please visit https://cloveer.com/sba-8a-program-eligibility-questionnaire/ and complete/submit your responses to us for a free eligibility analysis.

Need assistance with your 8(a) Application? With 20 years and over 3,000 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.

8(a) Certification – Contract Listing Report, Copies of Contracts and Letters of Reference

When you apply for the SBA 8(a) Program the SBA will require that you provide a detailed listing of your contracts* for the current year, through the most recently completed month, and at least the last three years. You may also have to provide the SBA a copy of your client contracts for the last 12 calendar months.

*The term contract means contract, agreement, PO, etc.

The contract listing breakdown. You must detail the following to the SBA:
1. Contract Name. List the name of the contract, if applicable. (e.g., DISA Contract)
2. NAICS Code. List the six digit NAICS code which you are performing the work under. (e.g., 541511)
3. Award Date. List the date the contract was awarded (e.g., 01/01/2015)
4. Customer Name (Billable Client). List the name of the customer/client you are billing for the work being performed. (e.g. Lockheed Martin)
5. Description. Provide a brief description of the work being performed for the client. (e.g., Web based software application for DISA)
6. Total Dollar Value of Contract. List the total value of the contract. (e.g. $100,000 or TBD, ongoing if no total value)
7. Revenue earned from Client. List the amount of revenue your company has earned from this client in the current year to date and the last two fiscal years. (e.g., $53,275)

See below for a example.

sample contract listing

Sample Contract Listing

You must also prepare another breakdown for the last 12 calendar months of your revenue too. See Below for an example.

Last 12 Months of Contracts

Last 12 Months of Contracts

The SBA will also use the above breakdown’s to look at your economic dependency over these periods of measurement to see if you are or have been earning more than than 70% of your revenue from one billable client. See our blog posting on economic dependency for more information on this topic.

Copies of Contracts:
Although not specified by the SBA in their 8(a) Application checklist you should gather and store electronic copies of all contracts, agreements, PO’s, etc between your firm and the client for the last 12 months as you have reported within the last 12 months of contracts/revenue breakdown. Be sure that all documents are duly signed by all parties, if the SBA requests this information from you.

Need assistance with your 8(a) Application? With 20 years and over 3,000 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) certified.  Contact us today at 813-333-5800 or visit our website at cloveer.com to discover what Cloveer can do for you.

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 SBA for FY 2020.


8(a) Firms:
Awarded: $34B

8(a) Sole Source Contract Actions:
Awarded: $11.B

8(a) Competitive Contract Actions:
Total Action Obligations: $9.3B


HUBZone Firms:
Awarded: 13.6B


Need assistance with your 8(a) or HUBZone Application? With 20 years and over 3,000 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 visit 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
https://www.alabamainteractive.org/sos_eCertificate/welcome.action

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

Arizona
https://ecorp.azcc.gov/AzFAQ/Index
Once on this page,  see the article on “How do I get a Certificate of Good Standing?

Arkansas

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

California

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

Colorado

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

Connecticut

Referred to as a Certificate of Legal Existence
http://www.concord-sots.ct.gov/CONCORD

Delaware

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

District of Columbia (DC)

Referred to as a Certificate of Status
https://business.dc.gov/definition/1368

Florida

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

Georgia

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

Hawaii

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

Idaho

Referred to as a Certificate of Good Existence
https://sosbiz.idaho.gov/

Illinois

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

Indiana

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

Iowa

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

Kansas

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

Kentucky

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

Louisiana

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

Maine

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

Maryland

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

Massachusetts

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

Michigan

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

Minnesota

Referred to as a Certificate of Status
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
https://www.sos.ms.gov/business-services/order-documents

Missouri

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

Montana

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

Nebraska

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

Nevada

Referred to as a Certificate of Good Standing
https://www.nvsos.gov/sos/businesses/commercial-recordings/faqs

New Hampshire

Referred to as a Certificate of Good Standing
https://sos.nh.gov/corporation-ucc-securities/corporation/order-a-certificate/

New Jersey

Referred to as a Certificate of Standing
https://www.state.nj.us/treasury/revenue/standcert.shtml

New Mexico

Referred to as a Certificate of Good Standing
https://businessportal.nm.gov/maintain/request-documentation/certificate-of-good-standing-and-existence/

New York

Referred to as a Certificate of Status
https://dos.ny.gov/certificate-status

North Carolina

Referred to as a Certificate of Good Standing
https://www.ncdor.gov/taxes/corporate-income-franchise-tax/letter-good-standing

North Dakota

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

Ohio

Referred to as a Certificate of Good Standing
https://cogs.ohiosos.gov/(S(ohrdcl2jjgr5bmprjmer5clh))/index.aspx

Oklahoma

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

Oregon

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

Pennsylvania

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

South Carolina

Referred to as a Certificate of Existence
https://businessfilings.sc.gov/BusinessFiling/Entity/Search

South Dakota

Referred to as a Certificate of Good Standing
https://sdsos.gov/business-services/default.aspx

Tennessee

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

Texas

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

Utah

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

Vermont

Referred to as a Certificate of Good Standing
https://sos.vermont.gov/corporations/copies-certificates/good-standings-or-status/

Virginia

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

Washington

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

West Virginia

Referred to as a Certificate of Existence/Authorization
https://apps.wv.gov/SOS/BusinessEntitySearch/

Wisconsin

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

Wyoming

Referred to as a Certificate of Good Standing
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 Personal Financial Statement 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 3,000 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 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.