8a Certification Lawyers Helping You Avoid the Most Costly Mistakes.

Many government contractors are seeking small business certification through the popular SBA 8 a Certification program. Minority owned business certification can be a powerful tool if done correctly. Not only will you become eligible for sole source awards but you can also bid exclusively against other 8a certified companies. If you a small disadvantage business or minority owned business seeking to take advantage of the lucrative possibilities in the SBA 8a Certification Program, Watson & Associates, LLC can help you through the maze and hurdles that most a 8a applications endure. The SBA disapproves approximately 64% of 8a certification applications during the initial screening process. 

Watson’s government contract attorneys and consultants increase your chances of approval the first time around. Our legal expertise and background in the 8a program has allowed us to challenge and succeed in the SBA’s adverse decisions. Compared to self-proclaimed 8a certification consultants, we provide value by applying our legal expertise during the application process. See examples of recent representative government contracting cases.

 Services

• Thorough review and guidance throughout the application process
• Legal assistance in the event of denial
• 8a certification appeals to SBAOHA
• Complete road-map with social and economic narratives
• Review and advice on business ownership and control matters
• Financial document assessment
• Net worth consulting
• A-Z preparation of your 8a application
• Legal representation in 8a terminations
• Appeal services if the SBA has unlawfully denied your application

Additional Value

• Free initial consultations
• Flat rates
• Prompt turnaround
• Experienced legal advice

Recent 2012 SBAOHA Decisions in Favor of Contractor

Size Appeal of Nuclear Fuel Services, Inc., SBA No. SIZ-5324 (Feb. 2, 2012) (reverses Area Office; “present effect” rule does not require finding of affiliation where discussions between two firms concerning merger or acquisition had not reached status of agreement in principle at time of self-certification (although agreement was reached three weeks later); NAICS code under which size should have been assessed was the one the Prime Contractor had assigned to the RFP in question rather than the NAICS code for the firm’s primary industry).

Size Appeal of Trident, LLC, SBA No. SIZ-5315 (Jan. 24, 2012) (overturns Area Office’s size determination because 8(a) firm’s joint venture agreement was approved prior to award of 8(a) contract and Area Office lacks authority to review mentor-protege agreements in context of 8(a) procurements).

In the Matter of SB Technologies, LLC, SBA No. SIZ-5319 (Jan. 20, 2012) (overturns Area Office’s finding of affiliation through identify of interest because there was a clear fracture between the allegedly affiliated firms and the individual with the alleged identity of interest is a minority shareholder who does not control the allegedly related firm).

Position yourself to take advantage of the  benefits: You can receive sole-source contracts, up to a ceiling of $4 million for goods and services and $6.5 million for manufacturing. While we help 8(a) firms build their competitive and institutional know-how, we also encourage you to participate in competitive acquisitions.

Learn how to submit convincing narratives: when you prepare you 8a certification application, the toughest part is to convince the SBA that you are socially and economically disadvantage. This is where most 8a applicants fail. Our 8a consultants understand what the SBA looks for. We will help you to craft a meaningful narrative that falls within the application guidelines.

Every 8a applicant must submit an economic narrative. There are certain things that you want to discuss. However, by using our services, you will understand the supporting documentation that can strengthen your case.

Resolve business ownership problems early:  experience shows that many 8a certification applicants do not understand the pitfalls that await them during the process. You must make sure that other owners do not own more than the legal share of your business for purposes for 8a certification.

Avoid Affiliation:  if your business even appears to be controlled by another company, the SBA will deny your application. As compared to the commercial world, the legal analysis for affiliation is set forth in procurement law.  Our 8a certification consulting team and lawyers will evaluate your circumstance for problem alerts. See our FAQs for size standards and affiliation.

Overcome net worth problems: Another hurdle in the 8a application process is overcoming the net worth requirements. There are various ways to adjust equity to avoid net worth problems. These pieces of information stem from legal analysis. Most non-legal 8a application service providers cannot advise you in this area.

Avoid fraud : during the application stage, you must disclose all criminal activity and truthfully answer all questions. Failure to fully disclose required information not only gets your application denied. It can also subject you to serious fraud penalties. Our government contract attorneys can help you to avoid this serious mistake. Even after you are 8a certified, you are subject to potential allegations of fraud. Contact one of our attorneys to learn how to stay clear of these serious mistakes.

Learn how to effectively use joint venture and teaming agreements: 8(a) firms are also able to form joint ventures and teams to bid on contracts. This enhances the ability of 8(a) firms to perform larger prime contracts and overcome the effects of contract bundling, the combining of two or more contracts together into one large contract. Also, see the Mentor-Protégé Program for more information on allowing starting 8(a).

Let our lawyers help you through 8a termination or appeals; After you are 8a certified, the SBA may decide to terminate you from the program. It is important to learn how to protect your rights from the notice of termination phase. The reason for this critical piece of advice is that you must know how to preserve your rights for appeal. At Watson & Associates,  our lawyers have successfully overtuned SBA decisions. Contact us for immediate help in the termination or appeals stage. Call toll free 1-866-601-5518.

Eligibility Requirements:To become eligible for the 8a certification program, a small business must be owned and controlled by a socially and economically disadvantaged individual.

Under the Small Business Act, certain individuals are presumed socially disadvantaged: African-Americans, Hispanic Americans, Asian Pacific Americans, Native Americans (American Indians, Eskimos, Aleuts, or Native Hawaiians), and Subcontinent Asian Americans. An individual who is not a member of one of the groups listed can be admitted to the program if he/she shows – through a “preponderance of the evidence” – that he/she is socially disadvantaged. For instance, an individual may show social disadvantage due to race, ethnic origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society; or other similar causes.

In addition, a socially disadvantaged individual must show economic disadvantage by submitting a narrative and personal financial documentation about one’s income, assets, and net worth.

Generally, successful applicants must also meet the following additional requirements:

• The business must be small according to the Size standards for small business concerns;
• The business must demonstrate a potential for success (generally by being in business for, at least, two years);
• The business must be unconditionally owned and controlled by
• One or more disadvantaged individuals who  2.are US citizens and who  are of good character.

A business can also qualify for the 8a Certification  program if the firm is owned by an Indian tribe, an Alaska Native Corporation (ANC), a Native-Hawaiian Organization (NHO), or a Community Development Corporation (CDC). The specific requirements with further explanations are in 13 CFR 124 8(a) Business Development.

Choose lawyers that completely understand the commonly-missed issues during the 8a certification process: Although the SBA 8a Business Development Program allows for sole sourcing and other lucrative opportunities, the room for disaster lies in wait. We have actually seen the SBA de-certify a legitimate small business just during the 8a application process. Let our lawyers help to minimize the fatal land mines that await you.

Call to speak with one of our 8a certification experts about your specific situation: If you need immediate help during the 8a certification process, contact the lawyers and consultants at Watson & Associates today. Call toll free 1-866-601-5518 for a free initial consultation.

Watson & Associates, LLC

925 South Niagara Street, Suite 600

Denver Colorado 80224

Tel: 720-941-7200

Toll Free: 1-866-601-5518.