8(a) BUSINESS DEVELOPMENT PROGRAM APPLICATION
SBA Form 1010 - Business
NOTICE OF CRIMINAL PENALTIES AND ADMINISTRATIVE REMEDIES FOR FALSE STATEMENTS:
Under Title 18 U.S.C. § 1001 and Title 15 U.S.C. § 645, any person who misrepresents a business concern’s status as an 8(a) Program participant, or makes any other false statement in order to influence the certification process in any way, or to obtain a contract awarded under the preference programs established pursuant to section 8(a), 8(d), 9 or 15 of the Small Business Act, or any other provision of Federal Law that reference Section 8(d) for a definition of program eligibility shall be: (1) Subject to fines and imprisonment of up to 5 years, or both, as stated in Title 18 U.S.C. § 1001; (2) subject to fines of up to $500,000 and imprisonment of up to 10 years, or both, as stated in Title 15 U.S.C. § 645; (3) Subject to civil and administrative remedies, including suspension and debarment; and (4) Ineligible for participation in programs conducted under the authority of the Small Business Act.
SIGNATURE REQUIRED. Your signature on this form indicates that you fully understand all questions and that you certify, under the risk of committing perjury, that all responses and documents are truthful and accurate.
There
is a one-time
eligibility restriction for 8(a) Participants.
This one time eligibility applies to both the certified 8(a) firm
and the socially and economically disadvantaged individual(s) upon
whom eligibility was based on. Once the 8(a) participation ends,
neither the firm nor the individual(s) will be eligible for the
program again.
You
must obtain official
copies of all corporate documents.
Articles, licenses, permits, etc. must be current and approved by
the state or states where you conduct business.
www.sba.gov/content/registering-your-business-state-agencies
You
must obtain a free DUNS
number from Dunn
and Bradstreet either online or by calling 1-866-705-5711 or
visiting https://fedgov.dnb.com/webform.
DUNS numbers are unique nine-digit identification numbers for each
physical location of your business. DUNS numbers are required for
firms applying to the 8(a) BD program.
You
must obtain a free Tax
Identification Number (TIN) or
Employer
Identification Number (EIN)
from the Internal Revenue Service (IRS)
http://www.sba.gov/content/obtain-your-federal-business-tax-id-ein.
However,
many sole proprietorships use the owner’s Social Security
Number (SSN) and this is acceptable.
You
must have an active DSBS
Profile (Dynamic
Small Business Search) in the Federal government’s contractor
database using the System for Award Management (SAM) –
www.sam.gov. This profile is
required prior to applying to the 8(a) BD Program.
Your
firm must demonstrate potential
for success by
demonstrating it has been in business in its primary industry for
two years, or you will need to request a waiver of this
requirement. If the business concern has not yet generated
revenues, you will not be successful obtaining a waiver. For more
information about “potential for success”, please see
13 CFR § 124.107. Please note that firms owned by Alaska
Native Corporations, Tribes, Native Hawaiian Organizations, and
Community Development Corporations have special rules regarding
potential for success. See
13 CFR §§ 124.109(c)(6), 124.110(g), and 124.111(f).
You
must complete your
application online
and mail documents
as required.
Getting Started with
the 8(a) BD Application
Online
Application – http://www.sba.gov/8abd Rules
and Regulations 13 CFR Part 124 – www.ecfr.gov Helpful
Tips for applying to the 8(a) Business Development Program:
http://www.sba.gov/gcclassroom
Your
local SBA District Office and SCORE Offices,
Small Business Development Centers, Women’s Business
Centers, Veteran’s Business Outreach Center and Procurement
Technical Assistance Centers
provide ‘free’ guidance for 8(a) applicants.
ARE YOU READY TO APPLY?
INFORMATION ABOUT THE 8(a) BUSINESS DEVELOPMENT PROGRAM APPLICATION
Authority to Collect Information: The U.S. Small Business Administration (SBA) is authorized by sections 8(a) and 7(j) of the Small Business Act and codified at 13 CFR Part 124 to determine eligibility for the 8(a) Business Development (BD) Program. All applicants seeking 8(a) certification must complete this Form 1010 and all other applicable forms. SBA uses all information submitted to the 8(a) BD Program to determine the applicant’s eligibility for the program.
Disclosure of Information: SBA will keep confidential the application you submit and the supporting documentation you provide with this application, to the extent required by law. SBA’s collection of information in the application process is necessary to determine eligibility for participation pursuant to statutory and regulatory requirements. SBA maintains any sensitive information it collects in compliance with the Privacy Act. For more information regarding the protection of such information refer to SBA’s Privacy Act Systems of Record Notice at http://www.sba.gov/content/privacy-act-systems-records, specifically SBA 30: Servicing and Contracts System/Minority Enterprise Development Headquarters Repository.
Use of Representatives: If you use a third party (person or organization) to complete or to help you complete this application and the third party is not an employee of the applicant business, you must also fill out the Representatives and Fees section that is a part of this Form 1010.
Affiliation may be present when there is common management, ownership, or control between the applicant firm and another business concern or when there are contractual relationships, prior relationships, familial ties, common investments with, or economic dependence on other business concerns. For more information on affiliation and SBA’s Size Regulations please see 13 CFR § 121.103. Additional guidance can be found at www.sba.gov/content/affiliation
AIT (American Indian Tribe) is any Indian tribe, or community of Indians, including any ANC, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or is recognized as such by the State in which the tribe, band, nation, group or community resides. All applicant firms owned by an AIT must complete the SBA Form 1010-AIT, except those firms owned by ANCs.
ANC (Alaska Native Corporation) is any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.). All applicant firms owned by an ANC must complete the SBA Form 1010-ANC.
CDC (Community Development Corporation) is a nonprofit organization responsible to residents of the area it serves which has received financial assistance under 42 U.S.C. 9805, et seq. All applicant firms owned by a CDC must complete the SBA Form 1010-CDC.
CCR (Central Contractor Registration) was consolidated by the System for Award Management (SAM). To be awarded contracts by Federal government agencies both current and potential government vendors must be registered with SAM.
DSBS is Dynamic Small Business Search. A DSBS profile is required in the database for all firms seeking to do business with the Federal government as a small business and is a prerequisite for applying into the 8(a) BD Program. A current profile is required prior to applying into the 8(a) BD Program. You can access the DSBS through SAM.
DUNS numbers are nine digit identification numbers assigned by D&B. DUNS numbers are not assigned by the Federal government. The DUNS number assignment is free for all businesses and is required to register in SAM. Learn more by visiting http://fedgov.dnb.com/webform. Before you submit this Form 1010 application for certification in the 8(a) BD Program, you must obtain a DUNS number.
Immediate Family Member means father, mother, husband, wife, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, and mother-in-law.
Key Employee is an employee who, because of his/her position in the concern, has critical influence in or substantive control over the operations or management of the concern.
NAICS is the North American Industry Classification System. The firm’s NAICS code is a six-digit number that describes the service(s) and/or product(s) the firm can perform or provide. Learn more by visiting the U.S. Census Bureau’s NAICS Internet site at http://www.census.gov/epcd/www/naics.html.
NHO (Native Hawaiian Organization) is any not-for-profit community service organization serving and controlled by, Native Hawaiians in the State of Hawaii and whose business activities will principally benefit Native Hawaiians.
Primary NAICS Code is that which best describes the primary business activity of the 8(a) BD applicant or Participant. In determining primary NAICS code designations SBA considers the distribution of receipts, employees and costs of doing business among the different industries in which business operations occurred for the most recently completed fiscal year. SBA may also consider other factors, such as the distribution of patents, contract awards, and assets. More information about NAICS codes and size standards is available at the Small Business Size Standards website http://www.sba.gov/services/contractingopportunities/sizestandardstopics/index.html.
Principal is an owner of at least 10% of the applicant firm or a director, management member, partner, officer or key employee.
SAM (System for Award Management) is the Official U.S. Government system that consolidated the capabilities of several systems including CCR. More information about SAM is available at www.sam.gov. Registration in SAM.gov is free.
Size is determined by calculating average annual receipts for firms whose primary NAICS code has a dollar-based size standard and by calculating the average number of employees for firms whose primary NAICS code has an employee-based size standard. All 8(a) certified firms must qualify as a small business concern. See 13 CFR Part 121 for additional guidance regarding size.
SECTION I
BUSINESS PROFILE
Legal Name of Applicant firm: ______________________________________________
(Trade name or D.B.A.): ___________________________________________________________________
1. Has this firm previously been certified as an 8(a) Participant? Yes No
2. Has this firm (under any name) or any of its owners, board of directors, officers, managers, or key employee ever:
withdrawn an 8(a) application or Yes No
been denied 8(a) certification or Yes No
been terminated or early graduated from 8(a) participation or Yes No
voluntarily withdrawn from 8(a) participation or Yes No
been debarred or suspended by any Federal entity. Yes No
3. Is the firm operating as a broker? Yes No
4. Has the firm generated any revenue? Yes No
5. Name and Title of the 51% Owner(s) Claiming Social and Economic Disadvantage:
Name: Title:
Business Main Telephone: ( )________________ Fax: ( )__________________
Mobile:( )________________ Website:____________________________________
Business Address:_____________________________________________________________________________
City: _________________________ County: _______________ State: ________________ Zip: ______________
E-mail: ____________________________________________@ ____________________________
Applicant Firm’s Primary Point of Contact and Title: _______________________________________________________
Mailing Address for Point of Contact (if different from above): ___________________________________________
City: _________________________ County: _______________ State: ________________ Zip: ______________
6. Type of Business:
Manufacturing Retail Dealer Non-Professional service
Construction Professional Service Wholesaler
Concession Franchise
7. Date Applicant Firm Was Established:
8. Date of Ownership for Principal(s):
9. How did Principal(s) acquire this firm (check all that apply):
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10. Primary NAICS Code: 11. Employee/Taxpayer Identification Number:
12. DUNS Number: 13. DSBS Number:
14. Is the Applicant Firm:
For-Profit Business Non-Profit Business
15. Legal Structure:
Sole Proprietorship Corporation
Partnership Limited Liability Company
Other (explain)
16. Has this Applicant Firm ever existed under different ownership, a different type of ownership, or a different name?
Yes No
If Yes, explain: __________________________________________________________________
17. Average number of employees during the past 12 months? ___________________________
18. Percentage of revenues earned in the primary NAICS Code during the most recently completed fiscal year: _______________%
19. Has the Applicant Firm or any of its affiliate received a formal SBA size determination? Yes No
If yes, identify the SBA office, the determination date, and provide a copy of the determination.
_________________________________________________________________________________________
_____________________________________________________________________________________________
20. Is the Applicant Firm owned by an individual or by another entity? (check all that apply):
Individual(s) %_____________
Applicant firms at least 51%
or more unconditionally owned by an AIT, ANC, NHO, or CDC must also
submit Form 1010-AIT, Form 1010-ANC, Form 1010-NHO or Form 1010-CDC,
as applicable.
AIT %____________________
ANC %____________________
CDC %____________________
NHO %____________________
SECTION II
BUSINESS MANAGEMENT AND ADMINISTRATION
A. Ownership and Control
1. Provide the following information for all owners, directors, management members, partners, and officers:
(Use additional sheets if necessary)
Name |
Percentage of Ownership in Applicant Firm |
Position in Applicant Firm |
Does This Individual Hold the Highest Position in the Applicant Firm? (Y/N) |
Does This Individual Have Another Job Outside the Applicant Firm? (Y/N) |
How Many Hours Per Week Does This Individual Devote to the Applicant Firm? |
Is This Individual Using His/Her Disadvantaged Status to Qualify the Applicant Firm? (Y/N) |
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2. Do any of the persons listed above have ownership with another firm that was previously admitted in the 8(a) BD Program? If yes, attach a detailed explanation including the individual’s ownership interest, title, other company name and description of the person’s function/role in that other company.
Yes |
No |
3. Do any of the persons listed above work for any other company that has a relationship with this Applicant
Firm (e.g,. ownership interest, shared office space, financial investments loans, shared or leased equipment, office
space, personnel sharing, etc.)? If yes, attach a detailed explanation of the relationship.
Yes |
No |
4. Do any of the persons listed above perform management/supervisory functions for another company? If, yes
attach a detailed explanation of the individual’s title, the other company’s name and a description of the person’s function/ role in that other company.
Yes |
No |
SECTION II
BUSINESS MANAGEMENT AND ADMINISTRATION
B. Business Information
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Note: For each “yes” response to the preceding questions 1 -16, you must attach a detailed explanation.
SECTION III
SUPPORTING DOCUMENTATION
8(a) Applicants must provide the documents requested below. Please check the appropriate box identifying whether the document is provided, does not exist, or does not apply. For those documents not provided, please provide an explanation identifying the document and the reason it is not provided.
YES |
NO |
N/A |
CHECKLIST OF DOCUMENTS REQUIRED |
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For Corporations: Articles of Incorporation (original and current version), Bylaws (current version), and the most recent Stockholder and/or Board Member Meeting Minutes showing the election of officers and directors, if applicable. For Limited Liability Companies: Articles of Organization (original and current version), Operating Agreement (current version); resolution or other documentation designating officers, directors, members representative, management committee members, and/or general managers as required by the business concern’s governing documents (if not included in the Operating Agreement). For Partnerships: Partnership Agreement. For Sole Proprietorships: Copies of Fictitious Business Name Filing. |
SIGNATURE PAGE
Read the following paragraphs carefully. Your signature below indicates acceptance and understanding of these conditions.
Payment of any fee or gratuity to SBA employees is illegal and will subject the parties of such a transaction to prosecution.
Applicant agrees to allow SBA access and the right to examine corporate records including, but not limited to, books, documents, papers and other material considered by SBA to be necessary.
SBA, in its sole discretion, may at any time request clarification of information contained in this application or any other documents submitted as part of the application process, and may request additional information or documents as it deems appropriate to complete its review of the application.
If the applicant firm fails to provide any requested information or documents, SBA may presume that disclosure of the information would demonstrate that the applicant firm is not eligible for 8(a) BD Program certification.
CERTIFICATIONS: By signing this form, I certify that I have reviewed the response to every question on this form, all attachments and all supporting documents required by this form, and that all responses and documents are true and complete to the best of my knowledge, and that I understand that SBA is relying on this information in making its determination of my company’s eligibility for 8(a) BD Program certification.
Form must be signed by the President, CEO, Proprietor, Management Member, General Partner or individual holding the highest position for the applicant business.
______________________________________________________
Signature (Individual holding the highest position for the firm)
______________________________________________________
Print Name Date
Mailing Addresses
If your firm is located in one of the states: MA, ME, NH, CT, VT, RI, NY, PR (Puerto Rico), VI (US Virgin Islands), NJ, PA, MD, VA, WV, DC, DE, GA, AL,NC, SC, MS, FL, KY, TN, NY
Send documents electronically via email to ([email protected]) or mail hard copy documents to:
US Small Business
Administration |
If your firm is located in one of the states: IL, OH, MI, IN, MN, WI, TX, NM, AR, LA, OK, MO, IA, NE, KS, CO, WY, ND, MT, UT, SD, CA, HI, GU (Guam), NV, AZ, WA, AK, ID, OR
Send documents electronically via email to ([email protected]) or mail hard copy documents to:
Small Business
Administration |
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REPRESENTATIVES AND FEES
Important! It is not necessary to hire and pay another person to prepare this or any other 8(a) BD Program application. The SBA District Offices and SCORE Counselors, Small Business Development Centers, Women’s Business Centers, Veteran’s Business Outreach Center and Procurement Technical Assistance Centers offer assistance to 8(a) applicants. However, if the applicant firm does pay another person, the fees paid must be reasonable in light of the services performed. See 13 CFR § 124.4. The fee charged by any agent or representative for assisting the applicant in obtaining 8(a) BD Program certification cannot be contingent upon the applicant receiving certification. The agent or representative may be excluded under 13 CFR Part 103, or suspended or debarred under 2 CFR Part 180 or 48 CFR Subpart 9.4. For good cause (as defined at 13 CFR § 103.4), the AA/BD may initiate proceedings to suspend or revoke a packager's, agent's or representative's privilege to assist applicants obtain 8(a) certification, assist Participants obtain 8(a) contracts, or any other assistance to support program participation. The AA/BD may send a show cause letter requesting the agent or representative to demonstrate why the agent or representative should not be suspended or proposed for revocation, or may immediately send a written notice suspending or proposing revocation, depending upon the evidence in the administrative record.
List the names of attorneys, accountants, appraisers, agents or other representatives who assisted in the preparation or filing of the application. Indicate the amount of fees, bonuses, commissions or expenses paid or due. SBA reserves the right to require, at a later date, a full itemization by representatives of actual services rendered. Attach additional pages if necessary.
NAME AND OCCUPATION OF REPRESENTATIVE |
DESCRIPTION OF SERVICES |
TOTAL FEES PAID OR DUE
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CERTIFICATION: By signing this form, we certify under penalty of criminal prosecution that all information on this form and any attached additional pages, and all responses on the application, including all supporting documents, is true and complete to the best of our knowledge, and that we understand that SBA is relying on this information in making its determination of the reasonableness of the fees charged and the applicant business concern’s eligibility for 8(a) BD Program certification.
Applicant:
___________________________ ____________________________ _______________________
Signature Print Name Date
(Individual holding the highest position for the firm)
Representative(s)
___________________________ ____________________________ _______________________
Signature Print Name Date
Name of Employer _____________________________________________________________________
___________________________ ____________________________ _______________________
Signature Print Name Date
Name of Employer _____________________________________________________________________
___________________________ ____________________________ _______________________
Signature Print Name Date
Name of Employer _____________________________________________________________________
PLEASE NOTE: The estimated burden for completing this form, including reading the instructions and gathering the information, is 1 hour for initial application and each annual update. (A submission for reconsideration is estimated to require approximately 30 minutes). You are not required to respond to any collection of information unless it displays a currently valid OMB approval number. Comments on the burden should be sent to U.S. Small Business Administration, Chief, AIB, 409 3rd St., S.W., Washington D.C. 20416, and/or SBA Desk Officer, Office of Management and Budget, New Executive Office Building, Room 10202, Washington, D.C. 20503. PLEASE DO NOT SEND FORMS TO OMB.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | OMB Approval No |
Author | sllowe |
File Modified | 0000-00-00 |
File Created | 2023-09-29 |