One of the main concerns we get about pursuing the 8(a) Certification application is that they were initially refused the certification because one of the firm's principal owners failed to fulfill a financial obligation to the Federal Government. Your promise to make the payment on time, however, was dutifully kept.

What can be done to make you eligible so you can pursue your 8(a) application?

Section 124.108 establishes other eligibility requirements that pertain to firms applying to and participating in the 8(a) BD program. Section 124.108(e) provides that an applicant will be ineligible for the 8(a) BD program where the firm or any of its principals has failed to pay significant financial obligations owed to the Federal Government. This proposed rule would clarify that where the firm or the affected principals can demonstrate that the financial obligations have been settled and discharged/forgiven by the Federal Government, the applicant would be eligible for the program.

Reference:

Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program. (2022, September 9). Federal Register.

This proposed regulation would make it clear that an application would qualify for the program if the firm or the impacted principals can show that the Federal Government has resolved and discharged/forgiven the financial obligations with them.

If you have any questions regarding your 8(a) application, I always recommend contacting an industry expert such as ez8a or Advance 8a. Without making a commitment, they can assess whether obtaining the certification benefits your firm with an initial no cost consultation.