Review of 8(a) Business Development Program & Relevant Information

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Supporting Statement 8(a) Audit Final.docx	Supporting Statement A	Uploaded 2025-11-18	Available
Emergency Justification 8(a) Audit Final.docx	Supplementary Document	Uploaded 2025-11-18	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
278118	Review of 8(a) Business Development Program & Relevant Information	Instruction	New

ICR Details

OMB Control No: 3245-0430	ICR Reference No: 202511-3245-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: SBA	Agency Tracking No:
Title: Review of 8(a) Business Development Program & Relevant Information
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 11/18/2025
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/18/2025
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/18/2025
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2026	6 Months From Approved
Responses	4,500	0	0
Time Burden (Hours)	382,500	0	0
Cost Burden (Dollars)	32,420,700	0	0

---

Abstract: The Small Business Administration (“SBA”) must collect this information to examine participants in SBA’s program under 15 U.S.C. § 637 (the “8(a) program”) in response to urgent concerns regarding small business federal contracting and subcontracting compliance by businesses participating in the program, as well as other instances of waste, fraud and abuse in the same program. This information will be used to determine continued eligibility, program and contract term compliance, and to identify instances of fraud. SBA is authorized to collect this information as part of its general investigative authority under the Small Business Act (codified at 15 U.S.C. § 634(b)(11)).

Emergency Justfication: See attached memo. The Small Business Administration (“SBA”) requests emergency processing under 5 CFR 1320.13 for a new Information Collection Request (“ICR”). SBA seeks approval by November 18, 2025, to enable immediate collection of business data relating to participants in SBA’s business development program under 15 U.S.C. § 637 (the “8(a) program” and such participants “8(a) participants”). This data is essential to the mission of the SBA in order to examine participants in the 8(a) program in response to urgent concerns regarding small business federal contracting and subcontracting compliance by businesses participating in the program as well as other documented instances of waste, fraud and abuse within the same program. 5 CFR 1320.13(a)(1)(ii). Recent government-wide investigations by the Department of Justice, the Small Business Administration Office of Inspector General, and the Government Accountability Office, coupled with recent public allegations of illegal conduct by an 8(a) participant, have exposed systemic risks within the 8(a) program that make the program particularly susceptible to waste, fraud, and abuse. For example, risks of improper pass-through contracting and noncompliance with FAR 52.219-14, Limitations on Subcontracting, improper control of 8(a) firms, eligibility fraud, improper disbursements, and improper transfers of contractual responsibilities across the federal acquisition landscape have been identified. The absence of standardized, data-driven reporting on prime versus subcontractor labor utilization, for example, has been identified as a vulnerability throughout government. SBA’s request will increase visibility into the 8(a) program, strengthen internal surveillance and oversight of 8(a) participants, and reinforce public trust through proactive corrective measures. The public investigations and recent widespread reporting of the 8(a) program’s susceptibility to fraud mentioned above, together with the Department of Justice’s uncovering of a $550 million scandal involving 8(a) contracting at USAID, could jeopardize SBA’s efforts to investigate and counter fraud, waste and abuse in its 8(a) program, as explained further below. In particular, the recent publicity given to both fraud within the program and SBA’s efforts to address it have created a new urgency in requesting potential data essential to SBA’s mission and the integrity of the 8(a) program. The increased attention on the 8(a) program means that the use of normal clearance procedures is extremely likely to prevent or disrupt the collection of essential information that may be altered, destroyed or otherwise concealed by those seeking to evade enforcement. Because of these concerns and the identified systemic risks discussed above, the information must be collected prior to the expiration of the ordinary time periods for notice and comment. 5 CFR 1320.13(a)(1)(i). Delaying implementation until completion of normal Paperwork Reduction Act clearance procedures would undermine these efforts and perpetuate risk, including evidentiary spoliation risks, during active oversight investigations. 5 CFR 1320.13(a)(2)(iii). SBA’s ability to document 8(a) participant eligibility and compliance is essential to ensuring that small-business set-aside awards meet requirements and maintain program integrity. The requested emergency clearance will allow SBA to gather baseline data and support interagency coordination with OMB, Treasury and other federal agencies utilizing SBA’s 8(a) participants to inform a permanent, government-wide solution.

---

Authorizing Statute(s): US Code: 15 USC 634(b)(11) Name of Law: Small Business Act
   US Code: 15 USC 637 Name of Law: Small Business Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Review of 8(a) Business Development Program & Relevant Information

---

ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,500	0	0	4,500	0	0
Annual Time Burden (Hours)	382,500	0	0	382,500	0	0
Annual Cost Burden (Dollars)	32,420,700	0	0	32,420,700	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

---

Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/18/2025

---