- Details
- By Tribal Business News Staff
- Native Contracting
WASHINGTON — As the Small Business Administration conducts a sweeping audit of all firms participating in the 8(a) Business Development Program, webinars and legal briefings are emerging to help companies — including tribal enterprises — understand what the agency is reviewing and how to respond.
The audit, announced earlier this month, requires every active 8(a) participant to submit detailed financial and operational records, with a deadline set for early January. While SBA has framed the review as a program-wide compliance effort, attorneys and industry groups say the scope and timing have raised concerns among firms that rely heavily on 8(a) contracting, particularly tribally owned businesses with complex ownership and governance structures.
WEBINARS THIS WEEK
Multiple webinars are scheduled on the audit, here are two coming up this week.
Join John Shoraka (former SBA Associate Administrator), Trevor Skelly, and Anna Sanders for critical updates on SBA's ongoing 8(a) Program audit. This session addresses key compliance challenges facing 8(a) Participants, including mergers and acquisitions, joint ventures, performance of work requirements, and subcontracting issues. The panel will also cover maintaining economic disadvantage status and navigating affiliation and control requirements for entity-owned concerns and family members. Essential for understanding current audit expectations and strengthening your compliance posture proactively.
Time: 2:00 PM Eastern Time
Register: https://register.gotowebinar.com/#register/4411291680111916891
Following SBA's formal data and document requests issued to all certified 8(a) participants in early December, PilieroMazza attorneys Matt Feinberg and Meghan Leemon provide essential guidance on navigating the agency's comprehensive audit. Triggered by media allegations of potential fraud, this heightened scrutiny poses risks for all 8(a) companies. Learn what the latest SBA requests entail, what to expect in coming months, and practical steps for responding to audits, investigations, and potential litigation. Critical information for protecting your business during this unprecedented review period.
BRIEFINGS
In addition to live events, several professional firms have published written briefs analyzing the audit and its implications.
Clark Hill characterized the review as a “full-scale” audit and said SBA is requiring broad financial disclosures, including general ledgers, payroll records and subcontracting agreements. The firm warned that failure to comply could lead to removal from the 8(a) program.
Crowell & Moring noted that the audit is being conducted by SBA’s Office of General Counsel and applies program-wide. The firm advised participants to treat the request as a formal audit and to prepare for potential follow-up questions.
Thompson Hine emphasized the volume and detail of the documentation being sought and cautioned that the compressed response timeline increases the risk of incomplete submissions. Dorsey & Whitney similarly warned that the audit could carry eligibility consequences and urged firms to coordinate internal teams to ensure accuracy and consistency.
Several of the alerts note that firms with complex ownership, subcontracting or joint venture arrangements may face additional challenges in responding to SBA’s requests, underscoring the importance of early preparation.
