Small Business Act

Under the Small Business Act, small businesses must be provided with “a fair proportion of the total purchases and contracts for property and services for the Government.” Small business size can be determined only by reference to the Standard Industrial Classification (SIC) Code applicable to a procurement or Government program. SIC Codes, which can be found at 13 C.F.R. Subpart 121, define business size either in terms of the number of employees, or on average annual revenue over a three-year period. The Small Business Administration (SBA) works closely with other Federal agencies and Federal contractors to ensure that small businesses obtain a fair share of government contracts and subcontracts.

SBA 8(a) Program

The Small Business Act provides for the Small Business Administration (“SBA”) 8(a) Business Development Program. The SBA 8(a) Program was created to help small disadvantaged businesses compete in the American economy, and to provide access to the Federal Government contracts market. To qualify as an 8(a) business, a company must (1) be a “Small Business” as determined by the applicable SIC Code; (2) be owned and operated by one or more socially and economically disadvantaged individuals or groups of individuals; and (3) be able to demonstrate the potential for success. 8(a) businesses can also benefit from teaming arrangements and Federal procurement set-aside programs intended to bolster the ability of small disadvantaged businesses to compete and succeed in the government contracts market.

Other Issues

The Federal Acquisition Regulation (“FAR”) contains many socioeconomic requirements for contractors. Implementation of these programs is very costly. Lawyers at The Nevarez Law Firm can help you comply with these programs, and advise you on the allocation of risks and responsibilities. Along with opportunities for stimulus contracts under the American Recovery and Reinvestment Act, there are a variety of other special Government contract programs open to small businesses. We advise clients on obtaining contracts under these programs. Our Firm also assist clients with subcontracting plans, and the defense and challenge of size status protests.

Lawyers at The Nevarez Law Firm can effectively counsel clients with the intricacies of the Small Business Act and all the issues related to the Act. The Firm has experience related to protest of size status of small business concerns, and routinely advising small and disadvantaged business concerns that perform or seek to perform under special Government contract programs. Additionally, we can help with the 8(a) program application and other special Government contract programs.