SBA is holding a public meeting in DC on the proposed changes to the 8(a) Program and small business size regulations

The U.S. Small Business Administration (SBA) is holding a public meeting in Washington, DC on the topic of the proposed changes to the 8(a) Business Development (BD) Program Regulations and
Small Business Size Regulations. Testimony and comments presented at the public comment meetings will become part of the administrative record as comments addressing the proposed changes to the regulations pertaining to the 8(a) BD program and small business size standards.
Additional public meetings will be scheduled prior to the end of the comment period for the proposed rule-making.

DATES: The public meetings will be held on Thursday, December 10, 2009, from 9 a.m. to 4 p.m.; and Friday, December 11, 2009, from 9 a.m. to 4 p.m. Prospective participants must pre-register for either or both sessions on or before Monday, December 7, 2009, 5 p.m., Eastern Standard Time.

ADDRESSES: The public meetings will be conducted at SBA Headquarters in Washington DC in the Eisenhower Conference room located on the 2nd floor. 1. SBA is located at 409 3rd Street, SW., Washington DC 20416. 2. Send pre-registration requests to attend and/or testify to Ms.
Latrice Andrews, SBA’s Office of Business Development at [email protected] or by facsimile to (202) 481-4042. 3. Send all written comments to Mr. Joseph Loddo, Associate Administrator for Business Development, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. 4. Visitors to SBA will be subject to a security screening and will be required to present identification.

FOR FURTHER INFORMATION CONTACT: If you have any questions on this proposed rulemaking, call or e-mail LeAnn Delaney, Deputy Associate Administrator, Office of Business Development, at (202) 205-5852, or [email protected] If you have any questions about registering or attending the public meeting please contact Ms. Latrice Andrews, SBA’s Office of Business Development at (202) 205-6031, or [email protected], or by facsimile to (202) 481-4042.


I. Background

On October 28, 2009 (74 FR 55694-01), SBA issued a Notice of Proposed Rulemaking (NPRM). In that document, SBA proposed to make a number of changes to the regulations governing the 8(a) BD Program Regulations and several changes to its Small Business Size Regulations.
Some of the changes involve technical issues. Other changes are more substantive and result from SBA’s experience in implementing the current regulations. In addition to written comments, SBA is requesting oral comments on the various approaches for the proposed changes.

II. Public Hearings

The public meeting format will consist of a panel of SBA representatives who will preside over the session. The oral and written testimony will become part of the administrative record for SBA’s
consideration. Written testimony may be submitted in lieu of oral testimony. SBA will analyze the testimony, both oral and written, along with any written comments received. SBA officials may ask questions of a presenter to clarify or further explain the testimony. The purpose of
the public meetings is to allow the general public to comment on SBA’s proposed rulemaking. SBA requests that the comments focus on the proposed changes as stated in the NPRM. SBA requests that commentors do not raise issues pertaining to other SBA small business programs.
Presenters may provide a written copy of their testimony. SBA will accept written material that the presenter wishes to provide that further supplements his or her testimony. Electronic or digitized
copies are encouraged. SBA will hold additional public meetings before the close of the
comment period for this rulemaking.

III. Registration

Any individual interested in attending and making an oral presentation shall pre-register in advance with SBA. Registration requests must be received by SBA no later than 5 p.m., Monday, December
7, 2009. Please contact Ms. Latrice Andrews of SBA’s Office of Business Development in writing at [email protected] or by facsimile to (202) 481-4042. Please include the following information relating to the person testifying: Name, Organization affiliation, Address, Telephone number, E-mail address, and Fax number. SBA will attempt to accommodate all interested parties that wish to present testimony. Based on the number of registrants it may be necessary to impose time limits to ensure that everyone who wishes to testify has the opportunity to do so. SBA will send confirmation of registration in
writing to the presenters and attendees.


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Dawn Boyer

We are furious…what’s with this type of decision = GSA schedule holders vs. 8(a) status businesses for the ‘lower-class’ type of service businesses?

Why is the SBA continuing to push the 8(a) program?

My husband spent about a year getting approval for and establishing a GSA schedule for his carpet & upholstery business under the new services Schedule (NAICS codes: 561740, 236220, and 236118), and under SIC codes (7217, 1542, 1522, and 1521), including spending thousands of dollars of him time and money to obtain the GSA schedule. In addition, he’s a veteran, has a service related injury (but not certification as a service disabled veteran).

Recently we received a solicitation for bids for carpet cleaning for ALL the military bases in the Hampton Roads area. It said “8(a) inclusive” on the bid, but when we read the posted solicitation it noted 100% exclusive set-aside for 8(a).

Why is it that janitorial and/or cleaning services are being used to fulfill ALL the military’s quota requirements for 8(a) set-asides instead of the federal government focusing more on the higher echelon services and industry such as IT services, logistics, etc. Why does the military (or federal government) try to fulfill all their quotas within the 8(a) mandate by 100% set-asides?

Because of this, my ‘white male’ husband is being discriminated against because – he is white and male – by the 8(a) program. He is thinking about to get a lawyer to file suit for being discriminated against himself and suing the government for favoring 100% set-sides for AN ENTIRE INDUSTRY within a geographic area.

It seems to me that 8(a) set-asides should match the demographics of the immediate geographic area to prevent the reverse-discrimination that is occurring here. IF there is 25% blacks, and 15% asian, and 5% hispanic – then those ratios should be set-asides for 8(a) businesses for that industry within a geographic area. If there are not enough to fulfill the quota, then further avenues can be pursued.

Don’t get me wrong – I firmly believe 8(a)’s have their purpose, but not to disallow those who through their own hard work and efforts are kicked out because they are not black, asian, hispanic, or another minority class. This even prevents disabled veterans from applying unless they have the minority status as the primary!

Does this suck or is there something going on (politically?) behind the scenes we need to be aware of or that we can do to pursue this contract?