SBA Certification & Small Business Approvals

Legal assistance for small business certification applications, maintenance, and appeals

Why SBA Certification Matters

Federal agencies set aside billions of dollars in contracts for small businesses each year. These set-aside contracts are only available to certified small businesses meeting specific program requirements.

The benefits of SBA certification:

  • Access to set-aside contracts with limited competition

  • Sole-source awards (8(a) program)

  • Price evaluation preferences

  • Joint venture opportunities

  • Mentor-protégé relationships

  • Subcontracting opportunities on large contracts

The risks of operating without proper certification:

  • Status protests challenging your eligibility

  • Loss of contracts you already won

  • Potential False Claims Act liability

  • Debarment for misrepresentation

DC Federal Litigation PLLC helps small businesses obtain and maintain SBA certifications, defend against challenges, and appeal adverse decisions.

SBA Small Business Programs

8(a) Business Development Program

The 8(a) program provides business development assistance to socially and economically disadvantaged small businesses. Benefits include:

  • Sole-source contracts: Direct awards up to $4.5 million (goods) or $7 million (services) without competition

  • Competitive 8(a) contracts: Set-asides limited to 8(a) participants

  • Mentor-protégé program: Formal relationships with larger businesses

  • Business training and counseling

  • Nine-year program participation

Eligibility Requirements:

  • Unconditionally owned and controlled by one or more socially and economically disadvantaged individuals

  • 51% owned by disadvantaged individuals

  • Small business under applicable size standard

  • Principal office in the United States

  • Good character of owner(s)

  • Potential for success (two years in business or equivalent)

  • Economically disadvantaged (personal net worth under $850,000, excluding primary residence and business ownership)

Social Disadvantage Categories:

  • Black Americans

  • Hispanic Americans

  • Native Americans

  • Asian Pacific Americans

  • Subcontinent Asian Americans

  • Members of other groups (with individual determination)

  • Individuals with individual determinations of social disadvantage

HUBZone Program

The Historically Underutilized Business Zone program provides contracting preferences to small businesses located in economically distressed areas.

Eligibility Requirements:

  • Small business under size standard

  • Principal office in a HUBZone

  • At least 35% of employees reside in a HUBZone

  • Owned and controlled by U.S. citizens or lawfully admitted permanent residents

Benefits:

  • Competitive HUBZone set-aside contracts

  • Sole-source HUBZone awards

  • 10% price evaluation preference in full and open competition

HUBZone Determination: Use SBA's HUBZone map to verify location qualification. HUBZones include:

  • Qualified census tracts

  • Qualified non-metropolitan counties

  • Lands within Indian reservations

  • Qualified base closure areas

  • Qualified disaster areas

Service-Disabled Veteran-Owned Small Business (SDVOSB)

The SDVOSB program provides contracting preferences to small businesses owned and controlled by service-disabled veterans.

Eligibility Requirements:

  • Small business under size standard

  • 51% unconditionally owned by one or more service-disabled veterans

  • Management and daily operations controlled by service-disabled veterans

  • Service-connected disability rated by VA or DoD

Benefits:

  • SDVOSB set-aside contracts

  • Sole-source SDVOSB awards

  • Evaluation preferences

Certification Process

SDVOSB certification is administered by SBA through the Veteran Small Business Certification (VetCert) program. All SDVOSBs must be certified by SBA.

Veteran-Owned Small Business (VOSB)

The VOSB program provides preferences to veteran-owned businesses that do not qualify as SDVOSBs.

Eligibility Requirements:

  • Small business under size standard

  • 51% unconditionally owned by one or more veterans

  • Management and daily operations controlled by veterans

Certification

VOSBs must also be certified through SBA's VetCert program.

Women-Owned Small Business (WOSB)

The WOSB Federal Contracting Program provides set-aside contracts for women-owned businesses in industries where they are underrepresented.

Benefits:

  • WOSB set-aside contracts in designated industries

  • Sole-source WOSB awards (up to limits)

Eligibility Requirements:

  • Small business under size standard

  • 51% unconditionally owned by one or more women

  • Management and daily operations controlled by women

  • Women owners are U.S. citizens

Economically Disadvantaged Women-Owned Small Business (EDWOSB)

EDWOSBs qualify for additional set-asides. Economic disadvantage is determined by personal net worth limits.

Size Standards and Affiliation

Size Standards

SBA size standards define "small business" for each NAICS code based on:

Average annual receipts: Revenue threshold (e.g., $16.5 million for many service industries)

Number of employees: Employee count threshold (e.g., 500 employees for many manufacturing industries)

To qualify for any small business program, you must be small under the applicable size standard.

Affiliation Rules

SBA affiliation rules aggregate the size of affiliated businesses. Affiliation exists when:

  • One concern controls or has power to control another

  • A third party controls or has power to control both concerns

  • Identity of interest exists between close relatives

  • Newly organized concerns are affiliated with former employers

Common affiliation issues:

  • Common ownership by same individuals

  • Family-owned businesses

  • Joint venture partners

  • Subcontractor relationships

  • Former employer relationships

Ostensible Subcontractor Rule

A prime contractor and subcontractor may be treated as affiliated if:

  • The subcontractor will perform primary and vital contract requirements

  • The prime contractor is unusually reliant on the subcontractor

  • The subcontractor effectively controls the contract

Application Assistance

We help with:

  • Program selection: Determining which certifications you qualify for

  • Documentation preparation: Gathering and organizing required evidence

  • Application drafting: Completing applications accurately and persuasively

  • Supporting documentation: Personal financial statements, business records, organizational documents

Our SBA Certification Services

Denial Appeals

If your certification application is denied, we:

  • Analyze the denial letter and SBA's concerns

  • Prepare reconsideration requests

  • File appeals with SBA Office of Hearings and Appeals

  • Pursue further review if needed

Maintaining Certification

We assist with:

  • Annual review submissions

  • Responding to SBA inquiries

  • Maintaining compliance with program requirements

  • Reporting material changes

Defending Against Challenges

When competitors challenge your status:

  • Size protests: We defend against claims you exceed size limits

  • Status protests: We defend your certification eligibility

  • Affiliation challenges: We argue against improper affiliation findings

Size Protests and Appeals

We represent both:

  • Protesters: Challenging competitor eligibility

  • Defendants: Defending against challenges to your status

Appeals from adverse SBA Area Office determinations go to SBA OHA

Size Protests and SBA OHA Appeals

Size Protest Process

Filing a Size Protest:

  • Must be filed within 5 business days of award (most contracts)

  • Submit to Contracting Officer with copy to protested firm

  • Must include specific grounds for protest

SBA Area Office Review:

  • SBA Area Office investigates and issues size determination

  • Reviews ownership, control, and affiliation issues

Appeal to SBA OHA:

  • File within 15 days of size determination

  • SBA Office of Hearings and Appeals reviews

  • OHA decision is final agency action

Federal Court Review

In limited circumstances, SBA OHA decisions may be challenged in federal court under the Administrative Procedure Act.

Frequently Asked Questions

  • SBA aims to process 8(a) applications within 90 days, but complex applications or additional documentation requests can extend this timeline.

  • You can request reconsideration or file an appeal with SBA OHA. We analyze denials to determine the best path forward.

  • Yes. You must be certified before proposal submission for most set-aside contracts. Certification must be current at time of award.

  • The Contracting Officer refers the protest to SBA. You must respond to the allegations, and SBA issues a size determination. Adverse determinations can be appealed.

  • Yes. Many businesses hold multiple certifications (e.g., 8(a) and SDVOSB, or HUBZone and WOSB).

  • Programs require annual reviews, certifications of no change, and reporting of material changes. Failure to comply can result in decertification.

  • Misrepresentation can result in False Claims Act liability, civil fines, debarment, and criminal penalties.

Contact Our SBA Certification Team

Whether you're seeking initial certification, facing a denial, or defending against a protest, we can help.

We assist with:

  • 8(a) Business Development Program

  • HUBZone certification

  • SDVOSB/VOSB certification

  • WOSB/EDWOSB certification

  • Size protests and appeals

  • Status challenges

Contact:

Schedule SBA Certification Consultation

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