Small Disadvantaged Business Certification
By Joyce Mears
When
I was asked to provide general information on Small Disadvantaged
Business (SDB) Certification, my first thought was, which parts? I was
then provided with additional clarification asking me to explain the
program’s benefits, the process and how it could be an intermediary step
to obtaining an 8(a) certification. However, it is not a step in
obtaining the 8(a) certification. The 8(a) program is a business
developmental program and its requirements are more restrictive.
First, a brief history, real brief - - SDB
certification is a federal procurement program designed to overcome the
effects of discrimination and to conform to the U.S. Supreme Court’s
1995 Adarand court decision. And yes, there are certain criteria that
a business must meet when applying under this program.
What are those criteria - - the business must be
owned and controlled 51% by a socially and economically disadvantaged
individual or individuals, i.e. (presumed to qualify) African Americans,
Hispanic Americans, Asian Pacific Americans, Subcontinent Asian
Americans and Native American. All others would need to provide a
“preponderance of the evidence” that they have been disadvantaged.
Individuals must also be citizens of the United States. All principals
must have a net worth of less than $750,000 (excludes the equity of the
business and primary resident). They must also meet the applicable size
standards for small businesses in their industry.
The SDB program
benefits are the price evaluation
adjustment and
the evaluation factor.
So what does that mean? Qualified SDBs receive a price evaluation
adjustment of up to 10 percent on procurements where mandated by
regulation. Regulations mandate this approach in competitive
acquisitions over the simplified acquisition threshold (usually
$100,000) where the standard industry code (SIC) for the prime contract
is authorized by the U.S. Department of Commerce benchmarks. The
evaluation factor is when qualified prime contractors can receive a
credit when using SDBs as subcontractors. This incentive applies only
to competitive negotiated acquisitions over $500,000 or $1,000,000 when
construction is involved. The evaluation factor does not apply to small
business set asides, 8(a) acquisitions, or contracts performed entirely
outside the U.S. SDB participation allows credit for subcontractors
only in the SIC codes authorized by the US Department of Commerce
benchmarks and requires that all SDBs be certified by the Small Business
Administration (SBA). When certified, companies remain on the SBA’s
list of SDB-certified firms for a period of three years.
So, what steps must
someone take to acquire certification? First and foremost, read the
information on our web site at
http://www.sba.gov/sdb or take the online training course on SBA
certifications at
http://www.sba.gov/training /certprograms.html to better understand
what the program is and what it does. Also, read Title 13 Code of
Federal Regulation (CFR) 124 subpart B. The documentation requested is
different for corporations, limited liability companies, partnerships
and sole proprietorships. If you are interested in applying, the forms
are online at
https://sba8a.symplicity.com/applicants/guide and can be sent
electronically or by mail.
Joyce Mears, BD Specialist, Washington Metropolitan
Area District Office, US Small Business Administration