8(a) Term Extension Questions and Details

Since the COVID-19 Relief Bill passed was enacted on December 27 (including the 8(a) term extension that we discussed earlier), the 15-day window for SBA’s rules on the extension falls on January 11. Here are some thoughts on how we think SBA may fill in the gaps for this important 8(a) term extension, based on our interpretation of the statute and feedback from SBA.

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8(a) Participants to Receive One-Year Extension Through COVID-19 Bill

Update: The Consolidated Appropriations Act, 2021 was passed on December 27, 2020. The NDAA was passed on January 1, 2021.

Congress has included in the new COVID-19 relief bill a one-year extension of the term for participation in the 8(a) Program. Under the provision, any small business concern participating in the 8(a) program on or before September 9, 2020 may “elect to extend such participation by a period of 1 year”.  This is good news, especially for those concerns in their last year of viability in the 8(a) program who may have felt shortchanged from COVID’s effects on the economy.

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Congress to Extend 8(a) Terms by One Year

There is a substantial change for 8(a) Program Participants in the NDAA that was recently approved by Congress. The House and Senate have agreed to extend the term of 8(a) Participants from 9 years to 10 years for any company that was admitted to 8(a) Program by September 9 of this year. This will be a major benefit to 8(a) companies, assuming the President signs the NDAA.

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SBA Cuts 8(a) Reapplication Period to 90 Days

The SBA has cut the waiting period for reapplying to the 8(a) Program from 12 months to only 90 days.

In a final rule effective November 16, the SBA explains that the shorter period should reduce the need for sometimes-costly appeals of denied 8(a) Program applications.

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SBA Dials Back on 8(a) Program “Immediate Family” Restrictions

If you’ve been interested in applying to the SBA’s 8(a) Business Development Program, but have a close family member who has already participated in the 8(a) Program, SBA’s message–until now–has been, for the most part, “thanks, but no thanks.”

But in a new rule taking effect on November 16, 2020, SBA has dialed back on the restrictions applicable to people who want to participate in the 8(a) Program, but who have immediate family members who have previously received 8(a) benefits.

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SBA Inspector General Says SBA’s Corrective Actions Have Effectively Resolved 8(a) Eligibility Concerns

SBA’s Office of Inspector General (OIG) recently inspected SBA’s 2019-2020 corrective actions to determine whether they had effectively reduced the risks previously found in SBA’s 8(a) Program eligibility determinations. Apparently, the OIG liked what it saw.

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YouTube Tuesday: CMMC Requirements and the STARS III Contract

Good news for 8(a) participants: there’s still time to submit proposals for the 8(a) STARS III GWAC! Now, you have until August 26 to submit your bid. But STARS III contains some important language about the Cybersecurity Maturity Model Certification. In this video, I walk you through what you need to know to make sure all CMMC requirements are met:

If you have questions about CMMC requirements in the STARS III Contract, check out our previous video on CMMC, or call us here!

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