Tag Archives: 8(a) termination

Koprince Law LLC’s New 8(a) Program GovCon Handbook is Live!

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Well folks, the wait is finally over! The Second Edition of our popular GovCon Handbook on the SBA’s 8(a) Program is live, and it’s available here. In this revised, updated, and expanded Handbook, Steven Koprince and I give you the run-down on all things 8(a) (and as always, we do so in plain English).

Whether you are considering applying to the 8(a) Program, in the midst of the application process, already years into your 8(a) Program term, or a recent graduate/non-8(a) entity hoping to team with an 8(a) company one of these days–this book is for you. It covers everything under the 8(a) sun, including:

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Coming Next Week: Koprince Law LLC’s New 8(a) Program GovCon Handbook!

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The 8(a) Program is tremendously powerful and can be a springboard to massive success in the government contracts marketplace. But the many (many!) rules surrounding the 8(a) Program are complex, and even savvy 8(a) contractors–not to mention first-time applicants–easily can become confused.

I am pleased to announce that next week, Koprince Law LLC will publish a Second Edition of our popular GovCon Handbook on the 8(a) Program. In this revised, updated and expanded Handbook, my colleague Nicole Pottroff and I will cover the 8(a) Program’s rules in detail, including:

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OHA: Second Job Leads to 8(a) Program Termination

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When it comes to the 8(a) program, you might want to quit your day job.

The 8(a) Business Development Program, similar to other SBA socioeconomic programs such as the service-disabled veteran-owned small business program, requires the disadvantaged individual owner to work full-time at the business during normal business hours of similar firms. If an owner has a second job outside the main company, that can create problems, as it did in a recent OHA decision.

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8(a) Program: Participant Terminated for Not Paying Subcontractor

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An 8(a) Program participant was terminated from the 8(a) Program for failing to pay a subcontractor.

According to the SBA, the non-payment reflected poorly on the 8(a) company’s character–and “good character” is a prerequisite for 8(a) Program participation.

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8(a) Program: Participant Terminated For Missing Annual Review

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Participants in the SBA’s 8(a) Program must timely submit their annual review packages to the SBA.

In a recent decision, the SBA Office of Hearings and Appeals held that the SBA may terminate a participant from the 8(a) Program for failing to provide the required information–even if the 8(a) company’s owner has had personal difficulties that contributed to the failure.

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SBA Didn’t Properly Justify 8(a) Termination, Says Court

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SBA’s regulations provide that an 8(a) program participant that no longer is owned or controlled by socially and economically disadvantaged person can be terminated from the 8(a) program. But the decision to terminate is not one to be made lightly: SBA must make sure that it not only has evidence in support of its termination decision, it must also explain how that evidence demonstrates its conclusions.

This requirement was at issue in a recent court decision that found an SBA 8(a) program termination decision to be based on “numerous erroneous assumptions” and “unsupported conclusions, not substantial evidence.”

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8(a) Program: “Honest Mistake” Not Grounds For Termination

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An honest mistake made in a company’s 8(a) Program application may not support termination of the company from the 8(a) Program.

In a recent decision, the SBA’s Office of Hearings and Appeals held that the SBA could not validly terminate an 8(a) participant for submitting false information in the 8(a) application because the SBA had not considered whether the 8(a) participant honestly, and reasonably, believed that she was not required to report the information.

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