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8(a) BUSINESS DEVELOPMENT PROGRAM REPORTING REQUIREMENTS. EFFECTIVE OCTOBER 01, 2008. Virtually ALL Communications are Electronic 8(a) Firms are required to submit forms & documents electronically via the New SBA BDMIS System

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8(a) BUSINESS DEVELOPMENT PROGRAM

REPORTING REQUIREMENTS

effective october 01 2008
EFFECTIVE OCTOBER 01, 2008
  • Virtually ALL Communications are Electronic
  • 8(a) Firms are required to submit forms & documents electronically via the New SBA BDMIS System
  • Failure to comply with submissions will result in program termination
8 a reporting requirements
8(a) Reporting Requirements
  • Mandatory by Law and Code OF Federal Regulations (CFR)
  • Agreed to in Participation Agreement
  • Required to Receive 8(a) Contract Support & Other Assistance
  • Required to Maintain Eligibility
electronic submissions
Electronic Submissions
  • Upon completing electronic submissions, documents/forms requiring original signatures must be printed, signed and dated
  • Documents/forms requiring original signatures must be mailed to SBA with supporting documents (i.e.: business and personal tax returns, w2’s, financial statements, etc.)
review of reporting requirements
Review of Reporting Requirements
  • Business Plan- SBA form 1010C
  • Personal Financial Statements- SBA 413
  • Business Financial Statement
  • Annual Reviews- SBA Form 1450
  • Representative Reports- SBA Form 1790
  • CCR/Dynamic Small Business Search
business plan sba form 1010c
BUSINESS PLAN- SBA FORM 1010C
  • 13 CFR Part 124.402
  • Given at orientation
business plan requirements cont d
BUSINESS PLAN REQUIREMENTS (cont'd)
  • Must submit within 30 days of orientation with BDS
  • Must be submitted and approved prior to receiving any 8(a) contract support or other SBA assistance
  • Note: Failure to submit is grounds for termination
financial statements
FINANCIALSTATEMENTS
  • 13 CFR 124 PART.602
  • Sales less than $1 million: Compilation Statement prepared in house or by CPA
  • Sales $1-$5 million: Reviewed Statement prepared by CPA
  • Note: Both of the above are due 90 days after close of FYE
financial statements cont d
FINANCIALSTATEMENTS (cont'd)
  • Sales greater than $5 million: Audited by CPA & due no later than 120 days after FYE
  • Note: Failure to submit Annual Financial Statements on time makes you ineligible for 8(a) Contracts or any other SBA support and can lead to Program Termination
annual review requirements
ANNUAL REVIEW REQUIREMENTS
  • Regulations 13 CFR Part 124.403
  • Annual Eligibility Review
  • Each 8(a) participant must submit annually:
  • SBA Form 1450 8(a) Annual Update
  • SBA Form 413 Personal Financial Statement: For each person claiming eligibility
annual review requirements cont d
ANNUAL REVIEW REQUIREMENTS (cont'd)
  • Most recent Personal and Business Tax Returns With All Attachments or Copy of Request for Extension
  • Transition Management Plan
  • Mentor-Protégé Report
annual review requirements cont d1
ANNUAL REVIEW REQUIREMENTS (cont'd)

Excessive withdrawals, are defined as those withdrawals during any one fiscal year that exceed:

  • $150,000 for participants with sales up to $1,000,000
  • $200,000 for participants with sales between $1,000,000 and $2,000,000
  • $300,000 for participants with sales over $2,000,000
annual review requirements cont d2
ANNUAL REVIEW REQUIREMENTS (cont'd)
  • Total withdrawals are calculated on each person upon whom eligibility is based
  • For example, for a participant with sales of $900,000 and with 2 persons upon whom eligibility was based, the total withdrawals may not exceed $300,000 or 2 times $150,000
annual reviews requirements cont d
ANNUAL REVIEWS REQUIREMENTS (cont'd)

A “withdrawal” includes, but is not limited to:

  • Officer’s salary
  • Cash dividends
  • Distributions in excess of amounts needed to pay S Corporation taxes
  • Cash withdrawals
  • Property withdrawals
  • Bonuses
  • Rents
  • Loans
  • Advances
  • Payments to immediate family members
  • Investments on behalf of an owner, officer, or key employee,
  • Acquisition of a business not merged with the participant
  • Charitable contributions
  • Speculative ventures
what is termination
WHAT IS TERMINATION?
  • 13 CFR 124 PART.303
  • SBA may terminate a concern from the 8(a) BD program prior to the expiration date of the Program Term for good cause
  • Examples of good cause for termination include, but are not limited to, the following;
  • Submission of false information in the concern’s 8(a) BD application
what is termination cont d
WHAT IS TERMINATION? (cont'd)
  • Failure by the concern to maintain its eligibility for program participation
  • Failure by the concern for any reason to maintain ownership, full time day-to-day management & control by disadvantaged individuals
  • Failure by the concern & its principal (s) to maintain good character
what is termination cont d1
WHAT IS TERMINATION? (cont'd)
  • Cessation of business operations by the concern
  • A pattern of inadequate performance of awarded 8(a) contracts
  • A pattern of failure to make required submissions or responses to SBA in a timely manner
  • Failure to make reasonable efforts

to develop & achieve competitive viability

what is termination cont d2
WHAT IS TERMINATION? (cont'd)
  • Failure by the concern to pursue competitive &

commercial business in accordance with its \

business plan, or in any other way;

  • The examples of good cause listed

above are intended to be illustrative only

  • Other grounds for termination from the 8(a)

program exist & may be used by SBA

sba form 1790
SBA FORM 1790

Representatives Used and Compensation Paid for Services in Connection with Obtaining Federal Contracts

  • 13 CFR Part 124.601
  • Covers prior year calendar dates (Jan 1-Dec. 31)
  • Required Annually by Jan 31- Electronically
sba form 1790 cont d
SBA FORM 1790 (cont'd)
  • Must provide information on any

person contracted with or hired to assist in obtaining federal contracts – “marketing reps or consultants”

  • Excludes regular employees
  • Note: Failure to submit is grounds for program termination
central contractor registration ccr dynamic small business search
Central Contractor Registration (CCR) & Dynamic Small Business Search
  • Must be updated at least annually
  • Profiles not updated in past 18 months are excluded from searches
  • Contact name and E-Mail addresses must be the person upon whom eligibility is based
ownership changes
OWNERSHIP CHANGES
  • Failure to obtain SBA’s prior approval to make ANY CHANGES to your firm’s ownership will jeopardize your firm’s 8(a) eligibility
  • Be sure to discuss any contemplated changes with your BDS before you do anything or you might lose your certification.
njdo 8 a bd staff
NJDO 8(a)BD STAFF

Richard G. Zilg – Assistant District Director 973-645-2531

richard.zilg@sba.gov

Sanford Gerber – Business Development Specialist 973-645-3729

sanford.gerber@sba.gov

Richard Pettorossi – Business Development Specialist 973-645-2192

richard.pettorossi@sba.gov

Rosa M. Rodriguez – Business Development Specialist 973-645-6249

rosa.rodriguez@sba.gov

Joeann Shaeffers - Business Development Specialist 973-645-4651

joeann.shaeffers@sba.gov