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CHAPTER 1 Small Business Administration Programs As was stated in the Introduction, there are a number of federally supported programs that regularly make loans available to existing as well as start-up businesses based on specific qualifying factors. Some of these programs have expanded, some have changed their lending policies, and a few are the result of completely new business financing methods. Many of these programs offer some excellent opportunities that were not available a few years ago. If you previously rejected the idea of borrowing money through a federally guaran- teed or supported program because of the presumed red tape, you should re- think your decision. The paperwork isn’t any more than one would expect in the course of securing other types of financing. U.S. Small Business Administration The SBA was established by Congress in 1953 to advise, assist, champion, and counsel the country’s small businesses. SBA loans have helped thousands of small businesses to get started, expand, and prosper and have assisted many ambitious men and women in starting their own businesses. Besides provid- ing loans, the SBA has guided many in properly managing their businesses and very often has provided help in procuring sales of the goods and/or ser- vices they produce. 24

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C H A P T E R

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Small BusinessAdministration Programs

As was stated in the Introduction, there are a number of federally supportedprograms that regularly make loans available to existing as well as start-upbusinesses based on specific qualifying factors. Some of these programs haveexpanded, some have changed their lending policies, and a few are the resultof completely new business financing methods. Many of these programs offersome excellent opportunities that were not available a few years ago. If youpreviously rejected the idea of borrowing money through a federally guaran-teed or supported program because of the presumed red tape, you should re-think your decision. The paperwork isn’t any more than one would expect inthe course of securing other types of financing.

U.S. Small Business Administration

The SBA was established by Congress in 1953 to advise, assist, champion, andcounsel the country’s small businesses. SBA loans have helped thousands ofsmall businesses to get started, expand, and prosper and have assisted manyambitious men and women in starting their own businesses. Besides provid-ing loans, the SBA has guided many in properly managing their businessesand very often has provided help in procuring sales of the goods and/or ser-vices they produce.

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The SBA is not permitted to provide a loan to those who can obtain fi-nancing from a bank or other private lending source. If the loan (an agree-ment to make funds available) is not obtainable elsewhere, the SBA willconsider providing funds (actual money) on an immediate participation basiswith a bank or with a guaranteed loan. The SBA will only consider providing adirect loan (in which both the agreement and the funds originate from thesame agency) when these various other loans and funds are not obtainableand funds are available for direct loans.

Product or Service Classification Guidelines

When looking to borrow money to start a new business, be prepared to demon-strate to the SBA (the participating lender) that your product or service is capa-ble of competing successfully in its marketplace. The category into which theSBA classifies your product, whether it is a new or existing item, can be crucial.Many applicants fail to understand that their application’s approval or rejectioncould very well depend on which classification the SBA assigns to their product.

Be sure to clearly point out in your loan application the specific area orfield in which your product has the ability to compete successfully. Have allthe facts to support your position. For example, if the SBA, following the de-scription of a product you intend to market as an educational game, classifiedit in the toy category, the chances of having your application approved wouldbe seriously lowered. This would probably be due to the product’s estimatedmarket price as an educational game, preventing it from competing in the toyfield, which generally has lower prices.

To avoid this pitfall, familiarize yourself with the SBA guidelines. The Stan-

dard Industrial Classification Manual, published by the Bureau of Budget,Washington, D.C., is one of the most important publications used by the SBAto assist in designating classifications for products and services. In addition toyour description of the product and the SIC Manual, the SBA also uses infor-mation from other manufacturing firms that produce similar items.

Remember, the SBA is in business to help you. It is not the SBA’s intentionto make it difficult for you; thus, it is your responsibility to provide them withall the facts the SBA needs to reach a decision most favorable to you. Also, ifyou have a unique product, one which calls for an untried manufacturingtechnique or other such unique process, the SBA may require that the prod-uct undergo a feasibility study conducted by an independent organization.

There are approximately 90 SBA district offices, and they are listed foryour convenience in Appendix K of this book. Visit the nearest one.

There are some other departments that provide financing and appear tobe related to the SBA but are not. One of these is the Minority Business Devel-opment Agency (MBDA) in the Department of Commerce, which focuses en-tirely on aiding minority-owned businesses. Their chief activity, however,appears to be help in financing, and the agency carries out the programs

PRODUCT OR SERVICE CLASSIFICATION GUIDELINES 25

through contracts with firms in the private sector as a system of third-partyservices—that is, the MBDA pays the firm to provide services to a third party.

The Department of Defense is also especially active in this field, operatingits own offices responsible for protecting the interests of small and minority-owned businesses. Major defense programs have individuals assigned espe-cially to see to it that minority firms and other small businesses are given a fairopportunity to pursue and win contracts and subcontracts.

The General Services Administration (GSA) is the federal government’shousekeeper, with five subordinate divisions, including the Federal SupplyService. This agency operates 11 business service centers in major cities,whose major function is to help orient you in pursuing government contracts.

SBA One Stop Capital Shops

One Stop shops are partnerships between the local government, SBA, privatelending institutions and other service providers that collectively offer an inte-grated network of business support and lending assistance under one roof.Among the services offered are:

• Business loan programs including SBA guaranteed loans, municipalloans, and micro-enterprise loans.

• Counseling and technical assistance provided by SBA resources—theSmall Business Development Center, One Stop Capital Shop BusinessCoaches (a group of successful professionals and entrepreneurs wholive and work in the community), and the Service Corps of Retired Exec-utives (SCORE).

• Training programs such as How to Start and Manage a Small Business,Developing a Business Plan, Financing Your Small Business, MarketingYour Small Business, and Credit Repair.

• Private sector financial organizations including banks, factoring compa-nies, and nonprofit community business development corporationsprovide business loans and financing to qualified small businesses.

• Training staff from city, state, and federal agencies provide counselingand guidance to small business owners who are trying to sort out all thegovernment programs and regulations.

Whether it’s $2,000, $20,000 or $200,000, One Stop Capital Shop has a loanto fit small business needs. Oakland, California is one of 15 cities in the coun-try to receive SBA One Stop Capital Shops. These shops are an innovative at-tempt to streamline SBA services by offering all services at one convenientlocation in the heart of the target community. Each One Stop Capital Shop isdesigned to address the specific needs of clients.

Anyone who has explored the feasibility of financing a business is familiar

26 SMALL BUSINESS ADMINISTRATION PROGRAMS

with the daunting maze of never ending requests for information about thatbusiness. Starting a small business can quickly turn into a nightmare becauseof the myriad and time consuming details that make the difference betweensuccess and failure. That’s where One Stop Capital Shops, sponsored by theSBA and the Department of Housing and Urban Development (HUD) in coop-eration with local agencies, can help.

Vicki Lee, owner of Raw Energy, a juice bar in Berkeley, California is one ofthe many entrepreneurs who has taken advantage of shopping for financialaid and business skills under one roof. Visiting the One Stop Capital Shop andtaking advantage of its Business Information Center, Vicki Lee turned herdream of opening her own juice bar into a reality. After working a little morethan a year in a similar business, Lee had learned a lot about the workings ofthe industry, and decided she wanted to do her own thing. She needed help.Lee went to the One Stop Capital Shop in downtown Oakland, Californiawhere she received assistance in developing business skills and putting to-gether a business plan, and got a $20,000 loan from Pacific Bank. Lee’s juicebar opened in Berkeley shortly thereafter.

April Bareng also used the information center to research information for ex-panding her company Chan-at-Work. Bareng develops a software product called“Conflict Smarts.” The program helps youngsters talk out problems peacefully.

The SBA Business Information Center is a high-tech business reference li-brary at the heart of every One Stop Capital Shop. The reference library in-cludes the latest computer hardware and software, CD-Roms, and more than200 sample business plans developed by the people who publish Entrepre-

neur magazine. Along with providing research materials, the center providescounselors and free Internet access. The philosophy behind the One StopCapital Shops is that small businesses are the major key to urban revitaliza-tion. “Your dream can come true as a small business entrepreneur,” says RoseKing, manager of the Business Information Center. King is one of the manypeople available at the center to guide and coach clients through the develop-ment of their business. Although during 1999 about 1,773 clients took advan-tage of the center, one client commented that it is vastly under-used.

Business planning guide topics include advertising specialties, bakery,bar/tavern, gift basket service, dry cleaning, dating service, coffee house, kioskand cart business opportunities, flower shop, freelance writing, video arcade,wedding shop, pet shops, and pest control.

Other resources are also available to assist clients with market research,development of marketing tools, and other software-based needs. Informa-tion on where to locate a business, equipping a business, taking inventory, hir-ing personnel, legal requirements, taxes, advertising, and financialmanagement are right at the clients’ fingertips. Start-up guides, computer pro-grams for typing business letters, and spreadsheets to create details of the fi-nancial condition of the business are in abundance. Also, there are programsfor developing business cards and brochures. There are also copy machinesand printers available and the center provides free Internet access.

Using the myriad of research materials available at the Business Informa-

SBA ONE STOP CAPITAL SHOPS 27

tion Center, Joseph Dwonch was able to write and implement a business planfor his unique coffee catering business. Dwonch, like so many Americans,loves coffee. But, unlike most Americans, Dwonch has mined his love affairwith coffee into a business enterprise—Absolute Espresso. Dwonch got theidea for his catering business while attending classes on small business at thelocal college. Dwonch, 33, originally from Idaho, had been working withfriends catering weddings and other functions. Opportunities to branch outon his own came and went. Then, inspired by one of his instructors and withthe help of his wife, Miriam, 38, he decided to cater espresso.

Before jumping headlong into the business, Dwonch visited the One StopCapital Shop. “I went over to SBA and started looking stuff up,” Dwonch says.He says, referring to the Business Information Center that is part of the SBA,“They provided every level of resources . . . they have a full warehouse ofbooks. I had in mind what I wanted to focus on.”

Using the resources available at the One Stop Capital Shop, users likeJoseph Dwonch have been able to come up with business plans and get theirbusinesses going. Dwonch’s first catering event was for the Spanish SpeakingUnity Council. He now caters fashion shows for Macy’s Department store. Healso caters business meetings, receptions, and hopes soon to extend his busi-ness to wedding catering. Dwonch says he has not used the financial assis-tance available at the One Stop Capital Shop. Instead he has used his ownsavings and right now is putting all profits back into his company.

EXPERT COACHING AVAILABLE TO THE SMALL BUSINESS PERSON

Joseph and Margo Dashelle are the owners of Fredrick Douglas Designs,which produces greeting cards and calendars designed for the African-Ameri-can market. Their company been had been experiencing declining sales andsome financial difficulties during the last few years. That’s when they decidedto seek help from the One Stop Capital Shop. When they arrived, the couplewas put in touch with one of the many business coaches who counseled themin marketing and financial management.

Today, Fredrick Douglas Designs is on-track to produce a profit. Sales areup and the financial future looks good, thanks to a bit of professional coach-ing. “We can now see the light at the end of the tunnel,” say the Dashelles.

The business coaches who volunteer their time and expertise at One StopCapital Shops are successful small business owners and professionals fromthe community. Many of them are members of Service Corps of Retired Execu-tives (SCORE), a non-profit organization dedicated to helping the small busi-ness community through no-fee mentoring, business counseling, and low-costworkshops. SCORE volunteers include both retired and employed small busi-ness owners or those who have worked at corporations such as Procter &Gamble, AT&T, and 3M.

While no single person may have all the answers a beginning entrepreneurseeks, with the breadth of the volunteers available, finding the right expertwon’t be difficult. Coaches are able to answer questions on a variety of topics

28 SMALL BUSINESS ADMINISTRATION PROGRAMS

including business planning, financing, marketing and advertising, cash flow,management, legal aspects of small business, and graphic design. Coachesalso are available for confidential, one-on-one or team business counseling.

Those just starting up their own business should take advantage of one ofSCORE’s popular pre-business workshops. One of these workshops gives anoverview of the major concerns entrepreneurs have when starting their ownbusinesses. A variety of other seminars and workshops are designed to helpthose getting started in the small business world and are provided free-of-charge (or at very low cost) in the evenings and on weekends. These classesare useful in mapping out goals and learning to conquer problems.

FILLING SMALL BUSINESS CAPITAL NEEDS

The One Stop Capital Shop has been in operation in Oakland, California sinceNovember 1996. During that time, it has provided $20 million in Small Busi-ness Administration guaranteed loans to 80 businesses. Another $3 million inSBA guaranteed loans in an Empowerment Zone, which includes East Oak-land, West Oakland, and the San Antonia/Fruitvale areas, have been given outto 12 businesses. About $16.25 million in city of Oakland Empowerment ZoneFlagship loans, which are designed to support and improve the local infra-structure, have been dispersed. The city of Oakland Empowerment Zone hasgranted small business loans totaling $1.55 million to 12 businesses. In total,the Small Business Administration has guaranteed more than $29 billion inloans to 200,000 small businesses that otherwise would not have had accessto capital.

One of the loans provided through the One Stop Capital Shop is the mi-nority pre-qualification loan program. These loans are for small businessesthat are owned and operated by members of racial or ethnic minority groups.Kenneth R. Wingard, an African-American, was the first person in Oakland toqualify for this type of loan. After working eight years for Pottery Barn,Wingard decided to open his own design business. Although Princeton edu-cated with impressive executive credentials, a promising business plan, andequity in his own home, Wingard’s banker was unwilling to take the risk ofloaning him $200,000. That’s when the One Stop Capital Shop stepped inwith a minority pre-qualification. Wingard now has 300 corporate clientssince launching his trend-setting line at the San Francisco and New Yorktrade shows.

A women and minority pre-qualification loan may be used to purchase in-ventory, machinery, equipment, fixtures and furniture, business debt refinanc-ing, and working capital. It is generally limited to seven years for workingcapital and up to 25 years for machinery, equipment, fixtures, and furniture.To be eligible, the business must be based in a designated low-income areaand organized as a for-profit business.

Whatever type of loan a small business is looking for, there are people atthe One Stop Capital Shop who are ready and willing to help with the paper-work and point the business in the right direction.

SBA ONE STOP CAPITAL SHOPS 29

SBA Programs

The vast majority of new and existing small businesses are eligible for SBAfinancial assistance if they do not dominate their field, are independentlyowned, and can prove they have been unable to obtain a bank loan or otherprivate financing without the SBA’s assistance. In fact, the SBA’s definition of asmall business includes 80 to 90 percent of all businesses in the United States.So you can presume you have met that requirement already.

To determine whether you qualify for an SBA business loan or if one bestsuits your financing needs, please read this material carefully. If you havefurther questions, please contact your own banker, one of the active SBA guar-anteed lenders listed in Chapter 3, or an SBA loan officer.

Although the SBA does make a limited number of direct loans, it normally provides a guarantee to a private lender, who in turn makes theloan directly to the borrower. With the exception of a few joint programswith state agencies, the maximum amount the SBA can loan to any onebusiness is currently $750,000. This includes working capital funds andlong-term loans. The SBA can guarantee up to 90 percent of a loan, de-pending on the loan amount. Maturity may be up to 25 years. The averagesize of a guaranted business loan is $175,000, with an average maturity ofabout 8 years.

The SBA offers assistance under several programs, some designated by thenumbered section of the Small Business Act to which they apply:

• 7(a) Loans

• 504 Program

• Energy Loans

• Disaster Assistance Loans

• Pollution Control Financing

• 8(a) Minority-owned Business Loans

7(A) LOAN PROGRAM

This, the largest program, is specifically designed to help small businesseswith credit problems.

Guarantees require a commercial bank to actually supply the funds. Thebank must participate 10 percent for loans up to $155,000 and 15 percent forloans between $155,000 and $750,000. Interest rates cannot be more than2.25 to 2.75 percent over prime. The material to be purchased may serve ascollateral, although personal guarantees might be required.

30 SMALL BUSINESS ADMINISTRATION PROGRAMS

The SBA’s basic program includes the following:

I. Regular business loans

II. Special loan programs that offer:

A. Small general contractor loans.

B. Seasonal line of credit guarantees.

C. Energy loans.

D. Handicapped assistance loans.

E. Export revolving lines of credit.

F. International trade loans.

G. Disaster assistance.

1. Physical disaster loans.

2. Economic injury disaster loans.

H. Pollution control financing.

I. Assistance to veterans.

J. Assistance to women and minorities.

K. Business development programs.

L. Small Business Innovation Research programs (SBIR).

III. Certified Lenders Program

IV. Development Company Loans

V. Surety Bonds

VI. Small business investment companies (SBICs)

VII. Minority enterprise small business investment companies

(MESBICs), also known as special small business investment

companies (SSBICs)

As you can see, there are quite a number of SBA programs and servicesavailable under the 7(a) loan program. They will be briefly explained in thefollowing paragraphs. You can also request a free directory of business devel-opment publications by contacting your local SBA office or calling the SmallBusiness Answer Desk at (800)827-5722 (in Washington, D.C., call [202]606-4000). Their directory has over 100 business publications available for a nom-inal fee (a few are listed in Appendix J). These materials are designed toanswer your questions about how to start, operate, and manage a businessand where to get SBA financing and assistance.

SBA PROGRAMS 31

SBA BASIC ELIGIBILITY REQUIREMENTS

Depending on the type of business seeking SBA financing, certain standardswill determine eligibility as follows:

• Manufacturing. The total number of employees may range up to 1,500,but the actual number is based on the industry in which the business isengaged.

• Wholesale. Up to 100 employees are permitted.

• Service Companies. Maximum annual sales can range from $3.5 to$14.5 million, depending on the industry.

• Retail Companies. Maximum annual sales can range from $3.5 millionto $13.5 million, depending on the industry.

• General Construction. Maximum annual sales can range from $7.0 to$17 million, depending on the industry.

• Special Trade Construction. Average annual receipts cannot exceed$7 million.

• Agriculture. Annual sales receipts cannot exceed $500,000 to $3.5 mil-lion, depending on the industry.

Recently the SBA issued an “alternate standard” ruling regarding the 7(a)loan program under which a company can qualify as a small business if its networth is up to $6 million and it had an annual after-tax net income of up to$2 million in each of the past two years. This alternate standard ruling opensthe program to a much wider group of businesses while making no mentionof providing additional funds to compensate for the influx of these largersmall businesses.

INELIGIBLE BUSINESSES

The Small Business Act does exclude some forms of businesses from receivingloans. These include the following:

• Not-for-profit organizations, except sheltered workshops.

• Newspapers.

• Magazines.

• Movie theaters.

• Radio and television stations.

• Theatrical productions.

• Dinner theaters.

• Book publishers.

• Film, record, or tape distributors.

• Businesses involved in the creation, origination, expression, or distribu-tion of ideas, values, thoughts, or opinions.

32 SMALL BUSINESS ADMINISTRATION PROGRAMS

• Manufacturers, importers, exporters, retailers, or distributors of com-munications such as greeting cards, books, sheet music, pictures,posters, films, tapes, broadcasters, or other performances and record-ings of musical programs.

Those firms engaged as commercial printers; those producing advertisingand promotional materials for others or providing motion pictures, video-tapes, sound recording facilities, or technical services without editorial orartistic contribution; and general merchandisers that sell magazines, books,and so on, ARE ELIGIBLE.

Other excluded businesses include those engaged in floor planning, gam-bling, speculation of any kind, and illegal activities. Applications from incar-cerated persons or persons on probation or parole for serious offenses willnot be accepted.

To determine if your business or proposed enterprise is eligible, contactthe nearest SBA office or your bank.

OTHER SBA LOAN REQUIREMENTS

Before the SBA will guarantee a loan through a lender, the applicant mustdemonstrate that these conditions apply:

• The business will be able to repay its current debts in addition to thenew loan requested.

• There is a reasonable amount of equity invested in the business or collat-eral that the borrower can pledge for the loan. Generally, a new businessapplicant should have between 20 and 30 percent of the required equityinvestment to start a new business. The actual percentage is determinedby the lender and the SBA. For existing businesses, the SBA considers anumber of credit factors and the company’s history before reaching a de-cision, which is essentially the same policy as any other lender.

• The company’s past track record has been good and/or its financial pro-jections are realistic and supportable.

• The company’s management has the expertise to adequately conductthe operations of the business.

The fastest way to determine whether or not an SBA-guaranteed loan is a vi-able option for your financing needs is to call your banker for an appointment.After all, you have to be turned down by at least one bank before you can qual-ify for SBA assistance anyway. Maybe your bank won’t give you a loan directly,but if it says no, ask if it would be interested in participating in an SBA-guaran-teed loan. If the answer is yes, give the bank all of the information it requests. Itwill help you complete the loan application and forward it to the SBA for ap-proval. The entire process can take just a few weeks or several, depending onhow well your business plan and the application have been prepared.

SBA PROGRAMS 33

GUARANTEED LOANS

Guaranteed loans are made by private lenders and are guaranteed up to 85percent; a percentage of the loan amount up to $1,000,000 is guaranteed bythe SBA.

A loan application is submitted to a lender that participates in the SBAloan guarantee program. The application must meet the SBA’s eligibility andcredit requirements as well as all requirements of the lender. If the applica-tion is approved by the lender, it is then submitted to the SBA for approval.The SBA usually makes a credit decision on loans within 10 working days.

BASIC TERMS AND CONDITIONS OF SBA-GUARANTEED LOANS

Loan Limits. There is no maximum loan limit that can be obtained throughthe guarantee program. In most cases, the maximum amount that the SBA canguarantee is $1,000,000. The SBA guarantees a percentage of the loan amountto the lender. There is a 2 percent fee on the guaranteed amount. The averageloan made under the guarantee program is approximately $210,000. Althoughthe SBA does not set minimum loan amounts, many lenders will not makeloans below $50,000; very few lenders will consider loans below $25,000.(For these amounts see the Microloan program mentioned later.)

Use of Proceeds. The loan proceeds may be used for a variety of businesspurposes including working capital, inventory, machinery and equipment,leasehold improvements, and the acquisition or construction of commercialbusiness property.

Loan Term. The maturity of the loan is dependent on the use of the loanproceeds and may vary from 5 to 7 years for working capital, 10 years for fixedassets, or 25 years for real estate acquisitions.

HOW TO APPLY FOR A LOAN. Applications may be obtained from partici-pating lenders. Generally, the documentation required is as follows:

• A current profit and loss statement and balance sheet for existing busi-nesses or a pro forma statement for new businesses; you should providea realistic projected cash flow and profit and loss statement for one year(monthly breakdown).

• A current personal financial statement of the owner/manager or each part-ner or stockholder owning 20 percent or more of the corporate stock.

• Itemized use of loan proceeds.

• Collateral, with an estimate of current market value and liens against thecollateral.

• A business plan, including résumés of the principals.

• A schedule of business debt, aging of accounts receivable, and accountspayable.

34 SMALL BUSINESS ADMINISTRATION PROGRAMS

• Personal and business tax returns for the past three years.

• Copy of lease (if property is to be leased).

• Any contracts or agreements pertinent to the applicant.

SUMMARY OF SBA-GUARANTEED LOANS

The following general information is provided so that you will have a betterunderstanding of the SBA-7(a) guaranteed loan program. The information isgeneral; each loan application is reviewed individually by an SBA lender andan SBA loan officer to determine eligibility.

I. The SBA generally does not make loans; the SBA guarantees loanssubmitted and made by financial institutions, generally banks. The SBAdoes not have a “grant” program for starting small businesses (see theSBIR program mentioned later).A. The SBA guarantees loans up to $750,000. There is no theoretical

minimum; however, most lenders are reluctant to process commer-cial loans of less than $25,000.

B. The prospective borrower will be required to provide a capital con-tribution. This contribution will normally be 30 to 50 percent of thetotal capitalization of the business. Often real estate acquisitionscan be financed for up to 90 percent with only the support of thefirst deed of trust and the owner’s personal guarantee.

C. An existing business will be required to provide financial state-ments showing the business is a profit-making concern, does nothave delinquent tax, and will have a debt-to-net-worth ratio of ap-proximately 3:1 after the loan is made.

D. Many borrowers confuse collateral and equity. Equity is theowner’s investment or net worth in the business. Collateral is any-thing of value, business or personal, that may be pledged to securethe loan.

E. The SBA charges the lender a 2 percent guarantee fee on the guar-anteed portion of the loan. SBA policy allows the lender to chargethis fee to the borrower.

II. The SBA-guaranteed loan program’s “interest rates” are based onthe prime rate as advertised in the Wall Street Journal according to thefollowing schedule:A. Loans of less than seven years: prime rate plus 2.25 percent.B. Loans of seven years or more: prime rate plus 2.75 percent.

III. The SBA-guaranteed loan maturity (length of loan) is based uponthe following schedule:A. Working capital loans: 5 to 7 years.B. Fixed asset loans: 7 to 10 years.

SBA PROGRAMS 35

C. Real estate and building: up to 25 years.These loans are not subject to prepayment penalty.

IV. The average size standards for SBA-guaranteed business loans arebased on the average number of employees for the preceding 12months or on the sales volume averaged over a three-year period ac-cording to the following schedule:A. Manufacturing. Maximum number of employees may range

from 500 to 1,500, depending on the type of product manufac-tured.

B. Wholesaling. Maximum number of employees may not exceed 100.C. Services. Annual receipts may not exceed $3.5 million to $14.5

million, depending on the industry.D. Retailing. Annual receipts may not exceed $3.5 million to $13.5

million, depending on the industry.E. Construction. General construction annual receipts may not ex-

ceed $9.5 million to $17 million, depending on the industry.F. Special Trade Construction. Annual receipts may not exceed $7

million.G. Agriculture. Annual receipts may not exceed $0.5 million to $3.5

million, depending on the industry.

V. Most importantly, during your discussion with the lender, be pre-pared with data to answer the lender’s questions. A business plan thatincludes these items will help you in presenting your proposal:A. Projected profit and loss statement.B. Cash flow projections.C. Market analysis.D. Marketing strategy.E. Description of the business.F. Product’s or service’s advantage.G. Management ability—résumés of the key staff should be included.H. Financial information (personal and business).I. Cash requirements.

VI. Business proposals that are ineligible for the SBA-guaranteed loanprogram are as follows:A. Partial purchase of a business.B. Lending institutions.C. Real estate held for speculation, investment, or rental.D. Opinion molders—magazines, newspapers, trade journals, radio,

television, live entertainment, schools, and so on.E. Religious organizations and their affiliates.

Please note that the SBA has issued the statement that they are not encourag-ing applications from businesses that are less than one year old.

36 SMALL BUSINESS ADMINISTRATION PROGRAMS

Special SBA 7(a) Guaranteed Loan Programs

In the general area of financial assistance, SBA also offers several special loanprograms.

SMALL GENERAL CONTRACTOR LOANS

These are designed to assist small construction firms with short-term financ-ing. Loan proceeds can be used to finance residential or commercial construc-tion or rehabilitation of property for sale. Proceeds cannot be used for owningor operating real estate for investment purposes.

SEASONAL LINE OF CREDIT GUARANTEE

These loans are designed to provide short-term financing for small firms hav-ing a seasonal loan requirement due to a seasonal increase in business activity.

ENERGY LOANS

These are available to firms engaged in manufacturing, selling, installing, ser-vicing, or developing specific energy-saving measures.

EXPORT REVOLVING LINES OF CREDIT (ERLC)

This program offers guarantees to provide short-term financing for exportingfirms having been in existence for one year or more and for the purpose of de-veloping or penetrating foreign markets.

INTERNATIONAL TRADE LOANS

One of the SBA’s most important missions is to encourage small businesses toexport their products or services overseas. It has several programs to achievethis goal, including guaranteed loans to exporters of up to $1.25 million($250,000 for working capital; $1 million for facilities or equipment to be usedin the United States in the production of goods and services involved in inter-national trade) and the ERLC. Through the ERLC, the SBA can guarantee up to90 percent of a credit line extended by a bank to an exporter. The SBA also of-fers referrals to other agencies involved in exporting, sponsors regular exportseminars and workshops, and has free counseling available through SCORE.

DISASTER ASSISTANCE

When the president of the United States or the administrator of the SBA de-clares a specific area to be a disaster area, two types of loans are offered:

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 37

• Physical Disaster Loans are made available to homeowners, renters,businesses (large and small), and nonprofit organizations within the dis-aster area. Loan proceeds can be used to repair or replace damaged ordestroyed homes, personal property, and businesses.

• Economic Injury Disaster Loans are made available to small busi-nesses that suffer substantial economic injury because of the disaster.Loan proceeds may be used for working capital and to pay financialobligations that the small business could have met had the disasternot occurred.

When a disaster is declared, the SBA establishes on-site offices withexperienced personnel to help with loan information, processing, anddisbursement.

POLLUTION CONTROL FINANCING

The SBA assists those small businesses needing long-term financing for plan-ning, design, and installation of pollution control facilities or equipment. Thisfinancing is available through the loan guarantee program, which offers amaximum of $1 million per small business with a guarantee of up to 100 per-cent by the SBA.

Public Law 94-305, passed by Congress in 1976, authorizes the SBA toguarantee 100 percent of the payments due under qualified contracts for theplanning, design, financing, and installation of pollution-control facilities orequipment by eligible small businesses. Loans are made through lenders par-ticipating in the SBA’s guaranteed loan program and are therefore guaranteedby the SBA.

Also, the SBA guarantee pledges the full faith and credit of the federal gov-ernment to the payment of the principal and interest for the full term of thosecontracts (loans, leases, and so on) financed from the proceeds of taxable ortax-exempt bonds issued by a state or municipal authority for pollution con-trol facilities or equipment for small businesses.

To deliver this program, the SBA cooperates with various groups with apotential interest in it:

• State and local regulatory agencies.

• Financial institutions.

• Commercial and investment banks.

• Other parties interested in identifying eligible small businesses needingpollution control financing.

SBA officials also provide technical assistance to applicants as well as to lend-ing institutions with respect to the packaging and processing of the financialassistance.

38 SMALL BUSINESS ADMINISTRATION PROGRAMS

WHO BENEFITS FROM THE PROGRAM?

• Small businesses—those needing long-term, low-interest financing fortheir pollution control facilities, thereby minimizing the adverse effectsupon their working capital and cash flow.

• Commercial banks—by having another financing mechanism availableto help their small business customers.

• Localities, states, and the nation as a whole—by helping to create acleaner environment and a stronger economy by ensuring the contin-ued health and growth of small businesses.

• Investors—through increased security for their invested dollars.

ELIGIBILITY. There are no special eligibility requirements. Applicants mustmeet the eligibility criteria applicable to loans made under the SBA’s 7(a) loanprogram. Any small business that is now or is likely to be at an operational orfinancial disadvantage with respect to similar business concerns by virtue ofgovernment-mandated planning, design, or installation of pollution controlfacilities or is otherwise at a disadvantage in obtaining financing for such facil-ities is encouraged to apply.

The following is a summary of the basic guidelines used in considering in-dividual applications for assistance under this program:

1. The applicant must meet the broad size standards.

2. The applicant must be or be likely to be at an operational or financialdisadvantage relative to other businesses.

3. The pollution control facilities to be financed help prevent, reduce,abate, or control pollution or contamination.

4. The applicant must have been in business for at least five years andbeen profitable for three of the last five years. The businesses must beoperated for profit.

5. The business must be able to generate cash flow sufficient to pay alldebt service requirements on the proposed financing.

USE OF PROCEEDS. As mentioned previously, a Pollution Control Loan canbe used only to finance the planning, design, or installation of a “pollutioncontrol facility,” which is defined as follows:

1. Real or personal property that is likely to help prevent, reduce, abate,or control noise, air, or water pollution or contamination by remov-ing, altering, disposing, or storing pollutants, contaminants, wastes,or heat.

2. Real or personal property that will be used for the collection, stor-age, treatment, utilization, processing, or final disposal of solid orliquid waste.

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 39

3. Any related recycling property when a local, state, or federal environ-mental regulatory agency says it will be useful for pollution control.

WHAT IS THE APPLICATION PROCEDURE? According to rules set downby the SBA in April 1990 and revised in December 2000, the small businessconcern should review the contemplated financing with its participating com-mercial bank (the “qualified sponsor”) and a knowledgeable financing under-writer (accountant) before starting the application process.

It is suggested that the sponsor contact SBA Pollution Control officials inWashington, D.C., and the Pollution Control Program Specialist of the re-gional SBA office prior to filling out an application. This will provide an op-portunity to discuss and clarify the requirements of the program prior toactual filing. After all required information has been gathered, the applicationpackage should be submitted to the Washington, D.C., office for processing.

APPLICATION REQUIREMENTS. Along with the normal application re-quirements, applicants must provide plans and/or specifications, as appropri-ate, for the pollution control facility, along with written, realistic costestimates. They must also provide copies of any local, state, or federal envi-ronmental regulations that relate to the proposed facility.

WHAT ARE THE SBA GUARANTEE LIMITS? There are no statutory limitson the amount the SBA may guarantee for any one small business concernunder this program. However, the SBA recognizes that there is substantialrisk involved in guaranteeing 100 percent of these payments on long-termfinancing. For this and other reasons, a limit of $2 million per company hasbeen established. This will be reduced by the amount owed by the bor-rower on any other loan made under the basic SBA 7(a) guaranteed lendingprogram.

Financing of amounts above $200,000 has, thus far, proved to be mosteconomical to small businesses.

What Does the SBA Guarantee Cost? The guarantee fee is 3.5 percent ofthe aggregate amount guaranteed and is payable to SBA upon issuance of theguarantee. It is computed in the following manner:

Aggregate amount guaranteed (total of principal and interest at maturity)– escrow (three month’s payments) × 3.5 percent

Additionally, a processing and administrative fee is charged as follows:

$550 + ($30 × number of years of the guarantee)

Each application submitted to the SBA must be accompanied by $250 of theprocessing and administrative fee, which is not refundable. The remainder ofthe fees are payable upon the SBA’s issuance of its guarantee.

40 SMALL BUSINESS ADMINISTRATION PROGRAMS

Tax-exempt bond financing by nature necessitates substantial, additionalup-front soft costs such as bond counsel fees, printing costs for the officialstatement and the bond, other attorney’s fees, and application fees for boththe SBA and the state’s issuing authority. These costs add 0.5 percent to 1 per-cent to the total small business financing costs.

INTEREST RATES. Interest rate limits are the same as for the SBA’s regular7(a) loan program. Participating lenders may charge as much as 2.75 percent-age points over the New York prime lending rate.

ADDITIONAL INFORMATION. For additional information and details, contact:

U.S. Small Business AdministrationPollution Control Financing Staff409 Third Street, SWWashington, DC 204161-800-U-ASK-SBAwww.sba.gov

The SBA Answer Desk at (800)827-5722 can give you the location and tele-phone number of your regional SBA office.

ASSISTANCE TO VETERANS

The SBA makes special efforts to help veterans get into business and expandexisting veteran-owned small firms. Acting on its own or with the help of vet-erans’ organizations, it sponsors special business training workshops for vet-erans. In some areas of the country, the SBA sponsors special computer-basedtraining and long-term entrepreneurial programs for veterans. Each SBA officehas a veterans’ affairs specialist, or veterans’ advocate, to provide veteranswith special consideration for loans, training, and/or procurement.

ASSISTANCE TO WOMEN AND MINORITIES—8(a)

The 8(a) Business Development Program helps disadvantaged small busi-nesses obtain federal government contracts. Under the program, the SBA actsas a prime contractor and enters into all types of federal government contracts(including but not limited to supplies, services, construction, and researchand development) with other government departments and agencies. TheSBA then subcontracts the performance of that contract to small businessesparticipating in the 8(a) program.

To be eligible for the 8(a) program, firms must demonstrate that they are atleast 51 percent owned and managed by one or more individuals who are U.S.citizens and who are determined to be socially and economically disadvantaged.The firm must also have been in business for at least two full years. Please notethat 8(a) is not a certification program; it’s a business development program.

Since 1977 SBA has had an ongoing women’s business ownership program.In 1983, under the 8(a) program, the SBA began organizing an additional series

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 41

of business training seminars and workshops for women already running afirm as well as those wanting to do so that focuses on business planning anddevelopment. A woman-owned business is defined by the SBA as a “businessthat is at least 51 percent owned by a woman, or women, who also control andoperate it.”

BUSINESS DEVELOPMENT PROGRAMS

These programs are extensive and diversified. They include individual coun-seling, courses, conferences, and workshops and offer a wide range of publi-cations. Counseling and training are limited to small businesses encounteringdifficulties, people considering starting a business, and managers of successfulfirms who wish to review their objectives and long-range plans for expansion.

Counseling is provided through the Service Corps of Retired Executives(SCORE), small business institutes (SBIs), small business development centers(SBDCs), and numerous professional associations. Realizing the importanceof counseling, the SBA strives to match the needs of each business with the ex-pertise available.

SCORE is an 11,000-person volunteer program with over 389 chapters thathelps small businesses solve their operating problems through one-on-onecounseling and a well-developed system of workshops and training sessions.Retired executives volunteer their time to counsel small business owners andmanagers on pertinent issues ranging from writing a business plan to develop-ing export markets. SCORE counseling is available at no charge. Another armof SCORE is the Active Corps of Executives (ACE), which is staffed by activelyemployed businesspeople. To locate the SCORE/ACE chapter in your area,check your telephone directory or call the nearest SBA office.

SCORE also sponsors or cosponsors many training events including con-ferences on finance, exporting, and issues relevant to women and minoritiesin business.

SCORE puts on monthly prebusiness workshops that are designed tocover issues basic to starting a small business, including business plans, fi-nancing, marketing and advertising, cash management, and business insur-ance and law. It is recommended that prospective entrepreneurs attend oneof these before making a counseling appointment.

SMALL BUSINESS INNOVATION RESEARCH PROGRAM (SBIR)

This program came into existence with the enactment of the Small BusinessInnovation Development Act of 1982 and was further refined according to themandates of the Small Business R&D Enhancement Act of 1992. Under SBIR,agencies of the federal government with the largest research and developmentbudgets are mandated to set aside funds each year for the competitive award(grant) of SBIR monies to qualified high-technology small businesses.

The SBA was designated by this legislation as the federal agency having uni-lateral authority and responsibility for coordinating and monitoring the gov-ernment-wide activities of the SBIR program, and it reports on its actions

42 SMALL BUSINESS ADMINISTRATION PROGRAMS

annually to Congress. In line with this responsibility, it also publishes the SBIR

Pre-Solicitation Announcement (PSA) quarterly, which contains pertinent in-formation about the program and specific data on upcoming SBIR solicitations.

These grants are available, but they are not easy to obtain. If you plan tobe the one out of ten whose proposal is accepted, you will have to demon-strate a level of planning, preparation, and presentation that surpasses yourcompetition. The best way to do that is to hire a grant consultant, someonewho already knows the right answers to the questions.

The most-qualified prospects for government grants are those who canbuild a case for researching the potential for new products, new technologies,new processes, and so on. Such high-risk research and development projectsfind private sector funding difficult, if not impossible, to obtain due to the ex-pense, the typically long-term payoff, and the uncertainty of success. Becauseof American businesses’ reluctance to commit to long-term R&D, this programplays a major role in helping the United States maintain a technological ad-vantage over other countries.

The Small Business Innovation Research program is divided into threephases. Phase I consists entirely of individual grants up to $50,000 to studythe feasibility of or to perform theoretical research and development of prod-uct design and modeling for projects with significant interest to the U.S. gov-ernment. These studies may last up to six months. After completing thefeasibility study, the applicant may submit a bid for funding under Phase II, de-signed to assist companies in developing product prototypes to productionstatus. Most companies engaging in Phase II need to acquire small quantitiesof production and testing equipment. Funding in the form of grants, awards,and low-cost loans during this period can be used for the acquisition of thisequipment as well as to supply working capital needs.

Both Phase I and Phase II require competitive bidding. Funding may takethe form of outright grants, or it may involve actual contracts to develop a spe-cific product. Small businesses applying for this assistance must be over 50percent U.S. owned and operated. Furthermore, the project must provide theprimary employment for the individual making application. (Primary employ-ment is defined as over 50 percent of a person’s time and income.)

Phase II provides financing of up to $500,000 for the further developmentof the most promising projects from Phase I. Successful completion of PhaseII leads to the opportunity to enter Phase III.

Phase III covers the commercialization of the product. This may involvethe acquisition of a production facility and equipment, implementing a mar-keting organization, and advertising or sales promotion programs. Phase IIIdoes not provide direct funding from the government. However, once a com-pany achieves success through Phases I and II, the appropriate governmentalagency stands ready to lend a hand in sourcing private capital for productionuses from a bank or some other financial institution. Such backing goes a longway toward ensuring immediate and serious attention to a company’s loan ap-plication. Quite often, knowing that a government agency is backing an appli-cant causes financial institutions to offer lower interest rates, demand less

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 43

outside collateral, and grant longer payment terms than if the small businesshad applied by itself.

There is no obligation to sell the finished products financed by Phase III tothe government. They can be—and most are—sold in the private sector. Iden-tification of the ultimate customer of production-run products has no bearingon getting assistance from the government for equipment financing.

The SBIR program is a set-aside allocation of funds by 11 federal depart-ments. These allocations are to be used for grants and initial contracts withentrepreneurs to develop new products and services and then bring these in-novations to market. The application process involves the submission of com-petitive bids to one or more of these 11 departments and agencies, each ofwhich publishes annual listings of proposed topics. These topics cover veryreal needs of the department or agency and reflect requirements for productsor services that cannot be developed internally.

A great deal of departmental independence exists in determining whichtopics to solicit. Congress allocates R&D funds to each of the departments andagencies, and the appropriate officials then decide how to spend these fundsand when to grant the awards. It doesn’t take long to determine that someagencies are easier to work with than others. The applicant has the right tochoose the department or agency to which the bid is to be submitted. Severalmay list the same topic, in which case simultaneous bids may be submitted.

The SBA can tell you which SBIR projects will be included in forthcomingbid lists. They are published in “pre-solicitation” lists, available on request from:

Office of TechnologyU.S. Small Business Administration409 Third Street, SWWashington, DC 20416(202)205-6450fax (202)205-7754www.sba.gov

After choosing the topic (or topics), contact the appropriate department oragency directly to receive solicitations as soon as they are released.

The content of bid packages (limited to no more than 30 pages) followsthe same format as financing plans used for private financial institutions, withslight modifications. One exception requires applicants to provide a narrativedescribing the importance of the product being developed. Be sure to includepersuasive material explaining why and how the product’s application fre-quently provides the edge in competitive evaluation.

Successfully meeting all the terms and conditions of the developmentcontract enables the developer to retain ownership of the technology. Aproduct with commercial value may be marketed in the private sector ratherthan to the government. There is no obligation to enter into extended gov-ernment contracts.

As with raising capital from any source, relationships are important. Be-

44 SMALL BUSINESS ADMINISTRATION PROGRAMS

cause many companies are submitting bid proposals, yours can easily be over-looked. Two relationships prevent this from happening. First, get the supportof your congressional representative or senator. Others use this method; youmight as well, too. Second, employ a professional advisor to help with thepreparation of the bid package. Be sure the advisor is well known in the spe-cific department or agency to which you apply. To be of real assistance, the ad-visor must have concrete experience submitting SBIR bids.

Employees of state organizations that work with the SBIR provide excel-lent advisory assistance. They can help you select the most favorable depart-ments and agencies as well as the most desirable topics. Their contacts in theWashington bureaucracy provide a means for arranging confidential evalua-tions of your project before submitting the bid. They can also point the waytoward professors in local universities whose stamp of approval on your bidwill give it an air of legitimacy.

In addition to providing assistance in the preparation of bid packages,many states and some cities provide direct financial assistance for small busi-ness research and development projects. These local agencies do not competewith the SBIR but are complementary to the program; they finance companiesnot otherwise qualified to receive federal funds. Your state small business de-velopment agency can identify what is available in your locale. If you can’t lo-cate the phone number, ask your local chamber of commerce for it.

SBIR funding is not available to every company. To gain entrance to theprogram, companies must submit bids to government agencies for productsthat have been listed by those agencies as needed. There is no assurance ofwinning the bidding competition. To participate in Phase II funding, a com-pany must first enter—and win—the competition for an award under Phase I.A second roadblock is that the products resulting from research efforts musthave a practical and needed use in the specific government department oragency sponsoring them. This eliminates a great many products developedevery year with commercial value.

Continued annual funding by Congress ensures that money is available tosuccessful bidders. Clearly, if a company is developing prototypes for a prod-uct and if it fits government applications, SBIR money can be a cheap, effec-tive way to acquire first-stage financing for at least some production andtesting equipment.

For complete information on this program, refer to my book Funding Re-

search & Development (Chicago: Probus Publishing Co., 1990). You mayalso contact:

Office of TechnologyU.S. Small Business Administration409 Third Street, SWWashington, DC 20416(202)205-6450fax (202)205-7754www.sba.gov

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 45

Or you may contact these agencies directly. They all participate and haveSBIR grants to award. (Note: The phone numbers for these agencies changefrequently. Call directory assistance if the number given does not respondproperly.):

Department of Agriculture (202) 720-8482www.usda.gov

Department of Commerce (202) 482-2112 or(202) 501-0666http://home.doc.gov

Department of Defense (703) 697-5737www.defenselink.mil

Department of Education (800) USA-LEARNwww.ed.gov

Department of Energy (800) dial-DOEwww.energy.gov

Department of Health and Human Services (877) 696-6775www.hhs.gov

Department of Transportation (202) 366-4000www.dot.gov

Environmental Protection Agency (202) 564-4700www.epa.gov

National Aeronautics and Space Administration (202) 358-0000www.nasa.gov

National Science Foundation (703) 306-1234www.nsf.gov

Nuclear Regulatory Commission (800) 368-5642www.nrc.gov

CERTIFIED LENDERS PROGRAM

An increasing number of lenders throughout the country serve the SBA’s Cer-tified Lenders Program. Acting under SBA supervision, they review a client’s fi-nancial information and process much of the necessary paperwork. Thisspeeds up the loan process and frees SBA personnel for other small businessassistance programs.

A very select group of lenders participates in the Preferred Lenders Pro-gram. They handle all of the paperwork, processing, and servicing and are au-thorized by SBA to act in its behalf in the loan approval process. Although anylender can work with the SBA, you may wish to contact a Certified or Pre-ferred institution directly. All of them understand small business problems, of-fer a variety of excellent banking services, and do make loans without SBAparticipation.

46 SMALL BUSINESS ADMINISTRATION PROGRAMS

SECTION 504 CERTIFIED DEVELOPMENT COMPANY (CDC) PROGRAM

The 504 Loan Program links the SBA, a certified development company, and aprivate lender in a 10- to 20-year financial package. The 504 program was up-dated and finalized in 1989. Although similar to the 502 program, the 504 pro-gram provides assistance for projects costing well above $1 million, most ofwhich involve the acquisition of land, buildings, machinery, and equipment orconstruction, modernizing, renovating, or restoring existing facilities.

A 504 certified development company is a private, public sector nonprofitcorporation that is set up to contribute to the economic development of itscommunity or region. It must:

1. Operate in a defined area.

2. Be composed of 25 or more members who are geographically repre-sentative of the CDC’s area of operation and include representativesfrom government agencies in the area of operation, private sector lend-ing institutions, businesses, and community organizations.

3. Provide a full-time professional staff who can market the program andprocess, close, and service its loan portfolio.

4. Have the ability to sustain its operations on a continuous basis from re-liable sources of funds.

5. Have five or more directors who meet quarterly, at least one of whommust have commercial lending experience.

6. Have incorporated within its bylaws and articles that its chief purposeis to “promote and assist the growth and development of business con-cerns in its operation area.”

A CDC is responsible for assisting at least two small businesses a year, in-jecting 10 percent of the funds necessary to complete each project, and ensur-ing that the debentures are correctly closed and secured. (Debentures, pooledthrough a certificate mechanism, are sold publicly to investors [e.g., pensionfunds, insurance companies, or private individuals]). It must maintain a placeof business that is open to the public during business hours and listed under aseparate phone number. The CDC is also responsible for submitting an an-nual report containing financial statements, management information, a fullactivity report, and an analysis of its assistance to small businesses.

How does a CDC work? CDCs can sell completely SBA-guaranteed deben-tures to private investors in mounts up to 40 percent of a project or $750,000,whichever is less (in some cases, the maximum SBA portion may be $1 mil-lion). In addition, a CDC’s portfolio must create or retain one job for every$35,000 worth of debenture financing.

Debenture proceeds must be used for permanent financing. Interim fi-nancing may be required to bridge the gap between the loan approval dateand receipt of funding from the debentures.

A typical finance structure for a CDC project would include a first mort-gage from a private sector lender covering 50 percent of the cost, a second

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 47

mortgage from the CDC (a 100 percent SBA-guaranteed debenture) covering40 percent, and a contribution of at least 10 percent by either the CDC or thesmall business being helped.

The CDC program assists in the development and expansion of small firmsand the creation of jobs. This program is designed to provide fixed-asset fi-nancing to small businesses for the construction or rehabilitation of owner-occupied or leased premises.

Loan proceeds may be used for plant acquisition, construction, conver-sion, or expansion; for the rehabilitation of commercial structures; and for thepurchase and installation of machinery and equipment with a useful life of 10years or more. In addition, certain soft costs can be paid with loan proceeds,including interim interest costs and professional fees for items such as ap-praisals, surveying, accounting, engineering, and architectural services.

Although the total size of projects using CDC financing is unlimited, themaximum amount of CDC participation in any individual project is $750,000(or $1 million for some projects). Typical projects range in size from $500,000to $2 million; the average is about $1 million. The minimum amount of CDCparticipation is $50,000, although a $25,000 debenture may be approved inspecial cases. Proceeds may be used to purchase existing buildings or to pur-chase land and land improvements such as:

• Grading, street improvements, utilities, parking lots, and landscaping.

• Construction.

• Modernizing, renovating, or converting existing facilities.

• Purchasing machinery and equipment.

• Financing a construction contingency fund; this cannot exceed 10 per-cent of total construction costs.

• Paying interest on interim financing.

• Paying professional fees directly attributable to the project, such as sur-veying, engineering, architectural, appraisal, legal, and accounting fees.

Interest rates are based on the current market rate for 5- and 10-year U.S.Treasury issues plus an increment above the Treasury rate based on marketconditions. Machinery and equipment terms are 10 years, and real estateterms are 20 years. Repayment is made in monthly, level-debt installments.

Collateral may include a mortgage on the land and the building being fi-nanced; liens on machinery, equipment, and fixtures; and lease assignments.Private sector lenders are secured by a first lien on the project. The SBA is se-cured by a second lien.

The SBA also requires personal guarantees from all persons who own 20percent or more of a company that is financed by a CDC.

SBA regulations specify limits on fees that must be paid in connection withSBA funding. The development company fee cannot exceed the 1.5 percentprocessing fee on the SBA’s debenture and a monthly service fee of not lessthan 0.5 percent or more than 2 percent per annum on the unpaid debenture

48 SMALL BUSINESS ADMINISTRATION PROGRAMS

balance. Development company legal fees related to loan closing cannot ex-ceed $2,500 without prior approval by the SBA.

A funding fee of 0.410 percent to cover the cost of public issuance of secu-rities and a reserve deposit of 0.5 percent are required, as is an underwritingfee of 1 percent of the total debenture amount.

Eligibility for a CDC loan requires that a business be a for-profit organiza-tion, partnership, or proprietorship with a net worth not to exceed $7 millionand net profits (after taxes) averaging less than $2.5 million during the previ-ous two years. Ineligible applicants are the same as described for a regularSBA loan. Due to the number of lenders involved and other requirements, theaverage size of any project is usually above $1 million and would not normallyexceed $1.3 million. The average loan was $400,000.

CDC investment funds cannot be used for working capital or inventory,consolidating or repaying debt, refinancing, or financing a plant not locatedin the U.S. or its possessions.

With radical changes currently transpiring in the banking industry and thecontinuing emphasis on bank liquidity, locating a bank willing to participatein SBA-guaranteed funding can be a chore. If one can be found, however, SBA-guaranteed long-term debt is an excellent way to keep debt service paymentsto a minimum.

The SBA portion of the financing consists of a debenture—a type of bond.Each debenture is issued in connection with the making of a loan or leasing ofassets by a CDC to an SBC (small business concern). Each loan must be ap-proved by the SBA with a “full faith and credit guaranty” issued by the U.S.Treasury. If an SBC defaults, the SBA is responsible for timely payment of thedebenture to the investors.

All debentures guaranteed under the 504 program must be secured to en-sure repayment. Collateral may include a mortgage on the land and the buildingbeing financed; liens on machinery, equipment, and fixtures; lease assignments;and personal guarantees from individuals with at least 20 percent ownership inthe company. The third-party financier has the security of a first lien on the landand the building being financed, as well as other collateral involved. The SBA issecured by a second lien. The CDC (or SBC) holds the most junior position inthe project. This explains why mortgage banks like to participate in 504 pro-grams—even though they only lend 50 percent of the project cost, they get thesenior position on all the collateral. The SBA settles for a second.

Loan repayment begins on the first day of the month following funding. Onlya completed project can ensure the SBC of the operation capacity needed tomake payments, so interim financing is needed for all projects. The interim fi-nancier (frequently the first mortgage lender) provides the needed capital(“bridge” financing) at the project’s start and is repaid from debenture proceeds.

If financing is not available from nonfederal sources on reasonable terms,an SBC must meet the following criteria to qualify for 504 assistance:

1. It must be small. A business is considered small if it has 500 or feweremployees; for purposes of 504 financing, certain manufacturing com-

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 49

panies may have more than 500 employees based on SBA size standardregulations contained in the Federal Code of Regulations, BusinessCredit and Assistance Section.

2. Its net worth must not exceed $6 million, and its average net incomeafter taxes for the preceding two years must not exceed $2 million.

3. It must be a for-profit corporation, partnership, or proprietorship.

4. It must have a sound business purpose.

5. Its project must demonstrate a significant economic impact on the com-munity in which it is located, primarily through job creation or retention.

The following types of businesses are ineligible for 504 financing: non-profit organizations; investment companies; gambling facilities; lending insti-tutions such as banks or financing companies; and media such as newspapers,magazines, book publishers, radio, and television systems.

Small business concerns should make appointments with loan officersfrom a bank and a CDC. The following documents should be prepared for anyinitial meeting:

1. A description of the project.

2. An estimate of the total project costs, including estimates on new con-struction, renovation, machinery, or equipment.

3. A purchase agreement or an offer to purchase for any real estate in-volved in the project.

4. Product description and product literature. An SBC should be pre-pared to discuss its competition, the strengths and weaknesses of theproduct, its method of distribution, the type of marketing it uses, fu-ture plans, and management.

5. Financial statements of the company for the past three years and an in-terim statement (profit and loss statement) that is less than 90 days old.

6. Personal financial statements of all officers and stockholders with 20percent or more ownership in the company.

Because of the high level of funding, this program is especially helpful forfinancing new facilities, although it can also be used for major equipment pur-chases. As you’ve already seen, several features make 504 funding significantlydifferent from other SBA assistance. Here is a summary of the 504 program’sfeatures and requirements:

1. The borrower must contribute 10 percent of the cost of the project, aprivate sector lender (nonfederal) must contribute 50 percent, and anSBA-guaranteed CDC loans the remaining 40 percent.

The SBA may guarantee up to 40 percent or $50,000 to $750,000 inthe form of a debenture to any approved project (special circum-stances may allow a $25,000 debenture). The SBA debenture com-

50 SMALL BUSINESS ADMINISTRATION PROGRAMS

bined with any other federal funds may not exceed 50 percent of thetotal financing for the project.

A CDC or the small business concern (SBC) receiving the financialassistance is required to inject at least 10 percent of the total funds forany project. A CDC is an economic development entity created underthe auspices of SBA to foster development in both urban and rural ar-eas. Only CDCs may administer the 504 program.

Third-party financiers (a bank or savings and loan institution, forexample) must provide the remaining 50 percent of the 504 financialpackage.

2. To qualify for 504 assistance, the project must demonstrate a positiveimpact on the local economy. The normal standard necessary to meetthis criterion is the creation of at least one new job for each $15,000worth of debt secured by the SBA guarantee. The higher the job ratio,the greater the likelihood of getting the funding.

3. A Certified Development Company (CDC) must act as the agent for theloan. Many municipalities already have CDCs in existence. For thosethat don’t, state CDCs will suffice. Local SBA offices know what thechoices are in your area.

4. No 504 program funding may be used for working capital.

5. In order to enlist commercial banks, mortgage banks, and other privatelenders, the program carries two separate interest rates. One rate ap-plies to the loan from a private lender and is set at the lender’s discre-tion. A second rate applies to the SBA-guaranteed portion; this ratefluctuates between 0.25 and 0.75 percent above U.S. Treasury bondrates of similar maturity.

6. The company’s ability to generate cash flow to service the debt deter-mines the primary criterion in placing this financing. Collateral consistsof the building or other assets being acquired. In addition, personalguarantees and an insurance policy on the owner’s life payable to thelending institutions are usually required. On the other hand, owners donot have to pledge all or even a major portion of their net worth if theproject will have significant economic impact on the community.

Normally the CDC will guide the small business concerns through theprocess from start to finish. To locate the nearest CDC, contact your SBAfield office.

SBA SURETY BONDS

Through its Surety Bond Guarantee Program, the SBA can help to make thebonding process accessible to small and emerging contractors who find bond-ing unavailable to them. It is authorized to guarantee to a qualified suretycompany up to 90 percent of the losses incurred under a prospective bid as

SPECIAL SBA 7(A) GUARANTEED LOAN PROGRAMS 51

well as payment of performance bonds issued to contractors on contracts val-ued up to $1.25 million. The contracts may be for construction, supplies,manufacturing, or services provided by either a prime or subcontractor forgovernment or nongovernment work. This program is administered throughthe regional offices of the SBA in conjunction with the participating suretycompanies and their agents throughout the United States.

SMALL BUSINESS INVESTMENT COMPANIES (SBICs AND MESBICs)

Money for venture or risk investments is difficult for small businesses to ob-tain, but the SBA also licenses, regulates, and provides financial assistance toprivately owned and operated small business investment companies (SBICs).Their main function is to make venture and risk investments by supplying eq-uity capital and providing unsecured loans and loans not fully collateralizedto small enterprises that meet their individual investment criteria. SBICs areprivately owned but obtain their financial leverage from the SBA. They are in-tended to be profit-making corporations, so many SBICs will not make loansor investments under $100,000.

SBICs finance small firms in two general ways: either by straight loans orby equity-type investments, which give the SBIC actual or potential ownershipof a portion of a small business’s equity securities (shares of stock). ManySBICs provide management assistance to the companies they finance. TheSBA also licenses a specialized type of SBIC solely to help small businessesowned and operated by socially or economically disadvantaged persons: theSection 310(d) SBIC, formerly referred to as a MESBIC, or minority enterprisesmall business investment company (also known as a special small businessinvestment company, or SSBIC). As a general rule, companies are eligible ifthey have a net worth under $6 million and after-tax earnings of less than $2million annually during the past two years.

When preparing a report on a new or existing business, be sure to includecomplete information about its operations, financial condition, key personnel,products, proposed new products or services, patent positions, market data,competitive position, distribution and sales methods, and financial projections.

Ideally, a complete business plan can speed up the process. There are nospecific guidelines regarding the length of time it takes an SBIC/MESBIC to in-vestigate and close a transaction. Usually, an initial response, either positive ornegative, is made quickly. On the other hand, the thorough study that is re-quired before making a final decision can take several weeks.

Generally speaking, SBICs are interested in generating capital gains, sothey may want to purchase stock in a company or advance funds through anote or debenture with conversion privileges or rights to buy stock at a prede-termined later date. Furthermore, SBICs often work together in making loansor investments in amounts larger than any of them could make separately. NoSBIC should be ruled out as a possible source of financing whether you aresearching for a loan or equity investment to begin or expand a business.

52 SMALL BUSINESS ADMINISTRATION PROGRAMS

STATE AND COMMUNITY LOAN PROGRAMS

In addition to the SBA’s certified development companies or 504 Loan Pro-grams described earlier, many states and communities offer loan and businessservices of which entrepreneurs and small business owners are not aware.The names of these programs vary from state to state, but they frequently in-clude the word development to describe their services—for example, SmallBusiness Development, Community Development, Economic Development,Rural Development, Research Development, and Capital Development. Tohelp small businesses with finance, production, marketing, distribution, andtechnical problems, many offer loans and/or professional services that are of-ten free or available at modest cost.

The HUBZone Program

The HUBzone Empowerment Contracting program provides federal contractingopportunities for qualified small businesses located in distressed areas. Fosteringthe growth of these federal contractors as viable businesses for the long termhelps to empower communities, create jobs, and attract private investment.

PROGRAM HISTORY

The HUBZone Empowerment Contracting program was enacted into law aspart of the Small Business Reauthorization Act of 1997. The program falls underthe auspices of the US Small Business Administration. The program encourageseconomic development in historically underutilized business zones, or “HUB-Zones,” through the establishment of preferences. The SBA’s HUBZone pro-gram is in line with the efforts of both George W. Bush’s Administration andCongress to promote economic development and employment growth in dis-tressed areas by providing access to more federal contracting opportunities.

HOW THE HUBZONE PROGRAM WORKS

The US Small Business Administration regulates and implements the pro-gram and

• determines which businesses are eligible to receive HUBZone contracts,

• maintains a listing of qualified HUBZone small businesses that federalagencies can use to locate vendors,

• adjudicates protests of eligibility to receive HUBZone contracts, and

• reports to Congress about the program’s impact on employment and in-vestment in HUBZone areas.

THE HUBZONE PROGRAM 53

PUBLICATION OF FINAL RULE

The final rule for the HUBZone Empowerment Contracting Program was pub-lished on June 11, 1998. The interim Federal Acquisition Regulation (FAR)FAC 97-10, FAR Case 97-307, was published on December 18, 1998 and gaveeffect to the contracting component of the program on January 4, 1999. Thecomment period for the FAR expired on February 18, 1999.

ELIGIBILITY

A small business must meet all of the following criteria to qualify for the HUB-Zone program:

• It must be located in a “historically underutilized business zone,” orHUBZone.

• It must be owned and controlled by one or more US Citizens, and atleast 35 percent of its employees must reside in a HUBZone.

HISTORICALLY UNDERUTILIZED BUSINESS ZONE

A “HUBZone” is an area that is located in one or more of the following:

a qualified census tract (as defined in section 42(d)(5)(C)(i)(I) of the In-ternal Revenue Code of 1986);

a qualified “non-metropolitan county” (as defined in section 143(k)(2)(B)of the Internal Revenue Code of 1986) with a median household in-come of less than 80 percent of the state median household income orwith an unemployment rate of not less than 140 percent of thestatewide average, based on US Department of Labor recent data; or

lands within the boundaries of federally recognized Indian reservations.

TYPES OF HUBZONE CONTRACTS

A competitive HUBZone contract can be awarded if the contracting officer hasa reasonable expectation that at least two qualified HUBZone small businesseswill submit offers and that the contract can be awarded at a fair market price.

A sole source HUBZone contract can be awarded if the contracting officerdoes not have a reasonable expectation that two or more qualified HUBZonesmall businesses will submit offers, determines that the qualified HUBZonesmall business is responsible, and determines that the contract can beawarded at a fair price. The government estimate cannot exceed $5 million formanufacturing requirements or $3 million for all other requirements.

A full and open competition contract can be awarded with a price evalu-ation preference. The offer of the HUBZone small business will be consideredlower than the offer of a non-HUBZone/non-small business, provided that theoffer of the HUBZone small business is not more than 10 percent higher.

54 SMALL BUSINESS ADMINISTRATION PROGRAMS

GOALING

The Small Business Reauthorization Act of 1997 increases the overall govern-ment-wide procurement goal for small business from 20 percent to 23 per-cent. The statute sets the goal for HUBZone contracts as follows: 2001—2percent, 2002—21/2 percent; 2003 and each year thereafter—3 percent.

AFFECTED FEDERAL AGENCIES

As of October 1, 2000, all federal agencies are subject to the requirements ofthe HUBZone Program.

Microloan Program

In 1992, the SBA unveiled a “microloan” program designed to assist very smallbusinesses, especially those run by women, minorities, and low-income entre-preneurs who often have serious trouble raising capital. In some cases, a goodreputation in the community is the only collateral required.

George Bush’s administration started this one-year pilot program tohelp people such as single mothers and public housing tenants toward self-employment. It was the first SBA program specifically designed to help thepoor become business owners. Under this program, loans range from lessthan $100 to a maximum of $35,000, averaging about $12,000, and it alsooffers clients technical help and counseling.

The SBA has made funds available to nonprofit organizations for the pur-pose of lending to small businesses like yours. For example, a Los Angelesnonprofit agency, the Coalition for Women’s Economic Development, re-ceived a $750,000 SBA loan from which it makes microloans. These organiza-tions can also provide you with management and technical assistance.

Loans under this pilot program started flowing in July 1992. Then SBAAdministrator Patricia Saiki said at the time. “I hope this program will givean opportunity to the small cottage industry . . . [to] people who haven’thad a chance before. Home-based sole proprietorships, including ‘home-makers who want to start something in the basement,’ are a target of the mi-croloan program.”

The microloan idea is now one of several domestic initiatives aimed at em-powering the poor. The SBA experiment is modeled after several seed-loanprograms run by nonprofit groups in recent years that have helped start busi-nesses or fund ongoing “mom-and-pop” operations.

Microloans are offered as part of the SBA’s direct-loan program, which of-fers direct loans at slightly below-market rates to military veterans, disabledbusiness owners, and those who want to start companies in economically de-pressed areas.

The program was introduced in a limited number of cities in the Northeast

MICROLOAN PROGRAM 55

to test its feasibility. News of the plan came as a surprise to some of those in-volved with existing non-SBA programs, such as Women’s Economic Develop-ment Corp. (Wedco) of St. Paul, Minnesota. This micro-enterprise loanorganization, founded by Ms. Kathryn Keeley, has offered self-employment loansfor eleven years, helped start over 1100 businesses and served as one of theSBA’s program models.

Another such program is operating in North Carolina. Scot Sandersonof Marshall built his ABC Recycling-Service, Inc., into a $180,000-a-yearcompany after starting with a $2,500 micro-enterprise loan from the NorthCarolina Rural Economic Development Center, which is administered byMr. Chris Just.

Although the money attracts people to the program—most banks don’tconsider very small loans worth the paperwork—the biggest gain is reportedto be the exchange of ideas with other business owners in the peer groupestablished as part of the program. This group becomes a brain trust and asounding board that multiplies members’ capabilities four or five times.Everybody knows the statistics for small-business failure, but participants inthis program are certain that if programs like it were to be established on alarger scale, the statistics would be reversed: Most would succeed ratherthan fail.

Some other veterans of enterprise programs for low-income people ex-press caution. They warn that without substantial counseling and guidance,this SBA direct-loan program will not succeed.

This SBA program includes a demanding training and counseling processfor applicants before they get a loan. Directors of the microloan programs thathave served as models for the SBA effort claim their programs are both toughand successful.

The SBA microloan program, enacted into law in 1992, operates in hun-dreds of cities and towns. (The SBA and Congress have established this as asize limit for the program; see the list on page 58.) In each of these cities andtowns, a nonprofit agency, chosen because of its familiarity with the local busi-ness scene, decides who qualifies for the SBA money and sets the terms of theloans. The maximum loan is $35,000, and the maximum term is six years. Thenegotiated interest rate can’t exceed four percentage points over the primelending rate charged by commercial banks. Asset collateral is required forlarger loans. But for a loan in the $600-to-$700 range, the lending require-ment could be a character reference.

The 35 nonprofit agencies from urban and rural areas use their ownjudgment about who gets the loan funds and for what purposes, althoughCongress requires that half the loans be made to small businesses in ruralareas. The SBA stresses that the funds are not grants. The nonprofit agen-cies are expected to eventually repay these funds to the federal treasury,with interest.

56 SMALL BUSINESS ADMINISTRATION PROGRAMS

The microloan program is a risk venture to which the SBA has committeditself. The end result-cannot be predicted, because the nonprofit agencies arethe ones who will make it work or not.

Politics appeared to play a part in how the funds were distributed duringthe feasibility test period. A total of $3 million of the loan fund was earmarkedfor agencies in the four states represented by the chair and ranking minoritymembers of the House and Senate Small Business Committees.

The Arkansas Enterprise Group in Arkadelphia received the maximum$750,000 to relend. Senator Dale Bumpers (D-Ark.), at the time, headed theSenate’s small business panel. Now called the Senate Small Business Commit-tee, it is led by Senator John Kerry (D-Mass.).

ELIGIBILITY REQUIREMENTS

Practically all types of businesses are eligible for a microloan. To be eligible,your business must be operated for profit and fall within six standards set bythe SBA (most businesses are well within the standards).

USE OF FUNDS

Money borrowed under this program can be used for the purchase of machin-ery and equipment, furniture and fixtures, inventory, supplies, and workingcapital. You may not use it to pay existing debts.

TERMS OF LOAN

A microloan must be paid on the shortest term possible—no longer than sixyears—depending on the earnings of the business. The interest rate on theseloans cannot be higher than 4 percent over the New York prime rate.

CREDIT REQUIREMENTS

As a loan applicant, you must demonstrate good character and managementexpertise and commitment sufficient for a successful operation.

COLLATERAL REQUIREMENTS

Each nonprofit lending organization will have its own requirements about col-lateral. However, the organization must at least take as collateral any assetsthat are bought with the microloan. In most cases, the personal guarantees ofthe business owner(s) will also be required.

MICROLOAN PROGRAM 57

APPLYING FOR A MICROLOAN

The first step in applying for a microloan is to call or visit the local SBA officeand find out if your company meets the qualifications. The people there willexplain what information you must supply and how to apply.

Remember that this program is primarily designed to assist women, low-income, and minority entrepreneurs, business owners, and others who showthey can operate small businesses successfully. Most likely to benefit are newand existing part-time and home-based sole proprietorships.

The SBA provides the funds to the preselected nonprofit agencies becauseof their familiarity with the local business communities. These agencies decidewho receives microloans and set the loan terms. The agencies are expected torepay the SBA for the funds with interest within 10 years. The following areagencies that have participated in the past.

Contact your nearest SBA office for a current list of participating agencies.

58 SMALL BUSINESS ADMINISTRATION PROGRAMS

Allied Capital Corporation 1666 K Street, N.W., 9th Floor Washington DC 20006 (202) 331-1112Banco Popular de Puerto Rico 7 W. 51st Street New York, NY 10019 (212) 445-1990Bank United 3200 Southwest Freeway Houston, TX 77027 (713) 543-6500Broadway National Bank 250 Fifth Avenue New York, NY 10001 (212) 689-5292Business Lenders, LLC 15 Lewis Street Hartford, CT 06103 (973) 591-0710Business Loan Center 645 Madison Avenue, 18th Floor New York, NY 10033 (212) 751-5626Chase Manhattan Bank/ One Chase Manhattan Plaza, New York, NY 10081 (212) 552-7802

Community Banking Group 6th FloorCitibank, N.A. 670 Merrick Avenue East Meadow, NY 11554 (516) 292-3726CIT Small Business Lending Corp. 650 CIT Drive Livingston, NJ 07039 (800) 453-3548Commerce Bank One Royal Road Flemington, NJ 08822 (888) 751-9000Commercial Capital Corp. 25 W. 43rd Street, Suite 1105 New York, NY 10036 (212) 719-0002Community Capital Bank 111 Livingston Street Brooklyn, NY 11201 (718) 802-1212European American Bank 1 EAB Plaza Uniondale, NY 11555-0001 (516) 296-6543First International Bank, N.A. One Commercial Plaza Hartford, CT 06103 (860) 241-2557Fleet Bank 1133 Avenue of the Americas New York, NY 10036 (212) 703-1832Flushing Savings Bank, FSB 33 Irving Place New York, NY 10003 (212) 477-9424G.E. Capital Small Business 635 Maryville Centre Drive St. Louis, MO 63141 (314) 205-3500

Financial Corp.Grow America Fund, Inc. 51 E. 42nd Street, Suite 300 New York, NY 10017 (212) 662-1106Heller First Capital Corp. 500 W. Monroe Street Chicago, IL 60661 (312) 441-7430Home Loan and Investment 244 Waybosset Street Providence, RI 02903-3774 (401) 272-5100

Bank, FSBHSBC Bank (Marine Midland) One Marine Midland Center, Buffalo, NY 14203 (716) 841-6743

18th FloorHudson Valley Bank 21 Scarsdale Road Yorkers, NY 10707 (914) 768-6836Key Bank of New York Key Tower, 3rd Floor, 127 Cleveland, OH 44114 (888) 539-4249

Public SquareThe Loan Source, Inc. 353 E. 83rd Street, Suite 3H New York, NY 10028 (212) 737-1836Manufacturers & Traders Trust Co. 4925 Main Street Amherst, NY 14226 (716) 839-8706Money Store Investment Corp. 2640 Morris Avenue Union, NJ 07083 (908) 686-2000Nara Bank, National Association 3701 Wilshire Boulevard, Los Angeles, CA 90010-2801 (213) 427-6340

Suite 302

Procurement Assistance Programs

The SBA helps small businesses obtain a fair share of federal government con-tracts through several programs, which include the following:

• Procurement Automated Source System (PASS) provides a nation-wide computerized listing of small firms interested in federal contractsand subcontracting opportunities. PASS listings are available to purchas-ing officials at more than 300 government and industry locations.

• Prime Contracts. The SBA works closely with federal agencies to in-crease the dollars and percentage of total federal procurement awardsto small business firms by identifying items that small firms could sup-ply. (See the section on Public Law 95-507, page 62.)

• Subcontracts. SBA monitors prime contractors to ensure that smallbusinesses receive a fair share of subcontracting opportunities.

• Certificates of Competency. To help small firms qualify for govern-ment contracts they might not otherwise receive, SBA may provide themwith a certificate of competency, assuring the contracting agency of thefirm’s performance for a specific contract.

• Natural Resources Sales Assistance. This program helps small firmsobtain property sales/leases for timber, royalty oil, minerals, and realand personal property.

PROCUREMENT AUTOMATED SOURCE SYSTEM (PASS)

PASS was designed to establish a centralized, computer-based inventory and re-ferral system of small businesses interested in becoming prime or subcontrac-tors for federal requirements. Using computers and remote video terminals,PASS furnishes sources by matching keywords that small firms have used to de-scribe their capabilities. Listings for firms are also made available by using Stan-dard Industrial Classification (SIC) Codes, Federal Supply Codes, or DUNSnumbers. Sources may also be retrieved by geographic region. When procure-ment agencies or prime contractors request small business sources, the SBAcan furnish the names and capabilities of those firms meeting the buyers’ spec-ifications. Also, a profile of the firm can be made available giving information asto minority status, quality assurance programs, and other useful information.

Since 1978, the system has grown to become an inventory of over 230,000

PROCUREMENT ASSISTANCE PROGRAMS 59

National Bank of Geneva 2 Seneca Street Geneva, NY 14456 (315) 787-3210New York Business Development 633 Third Avenue, 34th Floor New York, NY 10017 (212) 803-3674

Corp.New York National Bank 1042 Westchester Avenue Bronx, NY 10458 (718) 542-0300Reliance Bank 1200 Mamaroneck Avenue White Plains, NY 10605 (914) 682-8173Transamerica Small Business Cap. 220 N. Main Street Greenville, SC 29601 (847) 504-4946Valley National Bank 350 Rock Avenue North Plainfield, NJ 07060 (908) 561-7122Zions First National Bank One S. Main Street, 2nd Floor Salt Lake City, UT 84111 (800) 748-5345

firms and is growing every day. The SBA is also expanding the number of ter-minals through which federal agencies and the private sector can obtain smallbusiness sources. If your firm provides goods or services purchased by thefederal government and has not registered in PASS, you can obtain the simpleone-page registration form from your nearest SBA office. It can be completedin a few minutes, and your firm will be profiled in the system within a fewweeks from the day the completed form is received. PASS registration is notintended to guarantee contracting opportunities, but small firms registeredwith the system will have their capabilities available if requests are made bythe federal procuring offices or purchasing agents of prime contractors. Smallfirms should never rely on PASS registration to replace their regular marketingand sales efforts but merely to augment them. Although increasing numbersof governmental agencies and commercial contractors use PASS, it is not a uni-versal federal source list, and new business cannot be guaranteed.

SBA Procurement Marketing and Access Network (PRO-Net)

PRO-Net is an electronic gateway of procurement information for and aboutsmall businesses. It is a computer search engine for contracting officers, amarketing tool for small firms, and a “link” to procurement opportunities andimportant information. It is designed to be a “virtual” one-stop procurementshop. It is an Internet-based database of information on more than 195,000small, disadvantaged, 8(a), HUBZone, and women-owned businesses. It isfree to federal and state government agencies as well as prime and other con-tractors seeking small business contractors, subcontractors, and/or partner-ship opportunities. PRO-Net is open to all small firms seeking federal, state,and private contracts. Businesses profiled on the PRO-Net system can besearched by SIC codes; key words; location; quality certifications; businesstype; ownership, race, and gender; EDI capability, and so forth.

A MARKETING TOOL

Business profiles in the PRO-Net system include data from the SBA’s files andother available databases, plus additional business and marketing informationon individual firms. The businesses themselves are responsible for updatingtheir profiles and keeping information current.

Profiles are structured like executive business summaries, with specificdata search fields that are user-friendly and designed to meet the needs ofcontracting officers and other potential users. Profiles give vendors an oppor-tunity to put a controlled “marketing spin” on their businesses. Companieswith “home-pages” can link their web site to their PRO-Net profile, creating avery powerful marketing tool.

A LINK TO PROCUREMENT OPPORTUNITIES

As an electronic gateway, PRO-Net provides access and is linked to the Com-merce Business Daily (CBD), agency home-pages, and other sources of pro-curement opportunities.

60 SMALL BUSINESS ADMINISTRATION PROGRAMS

The system is also linked to key sources of information, assistance, andtraining. The PRO-Net project is a cooperative effort among SBA’s offices of Gov-ernment Contracting, Minority Enterprise Development, Advocacy, Women’sBusiness Ownership, Field Operations, Marketing and Customer Service, theChief Information Officer, and the National Women’s Business Council.

SUB-NET

SUB-Net is part of the PRO-Net package and is used to search for a solicitationor a notice on-line. You can search for subcontracting opportunities in severalways. First, if you are looking for opportunities in a particular industry, youcan search for all solicitations and Notices of Sources Sought by the StandardIndustrial Classification (SIC) code for that industry. From the main menu (goback one screen), simply click on “Search for Solicitation,” then click on“Search the database” and then enter the four-digit SIC code for your industry.This is the fastest way to see if there is anything on the bulletin board that in-terests you. If you don’t know the SIC code for your industry, SUB-Net pro-vides a hot-link to the SIC code web site, so you can look it up.

If you would rather not search by SIC code, you can search a number ofother ways, such as by North American Industry Classification System (NAICS)code (see the following paragraph), generic description, or solicitation num-ber. The Federal Government converted from the SIC system to the NAICS onor about October 1, 2000. At that time, SUB-Net was converted to NAICS, andthe hot-link will take you to a list of NAICS codes. If you would rather notworry about SIC and NAICS codes, or if you want to look at every opportunityon the bulletin board regardless of industry, you can click on “View All Solicita-tions.” This will display everything on the bulletin board for which the bid datehas not yet expired. When you find a solicitation or notice that appeals to you,simply print out a hard copy (for your records) and send a request to the point-of-contact at the company for a copy of the complete bid package. Everythingposted on SUB-Net will have the name, telephone number, fax number, and e-mall address of a person to contact for questions or additional information.

TO POST A SOLICITATION OR A NOTICE. From the main menu, click on“Post a Solicitation or a Notice.” If this is the first time you have used SUB-Netfor this purpose, you will need to register your firm in the system. The nextscreen will give you this option. Simply fill out the required information andclick on the “Submit” button at the bottom of the screen. You may also postone (1) solicitation or notice at the same time; however, because this is yourfirst use, SBA will need two (2) business days to process your request. Afterthat, you will be able to post solicitations and notices and see them “go live”instantaneously. To post a solicitation or a notice, go back to the main menu,click on the menu selection by the same name, and follow the instructions.You may find it easier to identify the SIC code of the product or service youare procuring before you begin, and you can use the hot-link above to do so.(Page up once or twice and look for “Go here to SIC code listing.”)

If you are successful in making an award, the SBA would like you to return

SBA PROCUREMENT MARKETING AND ACCESS NETWORK (PRO-NET) 61

to SUB-Net and post the results (the awardee’s name, the dollar amount, thebusiness category, and the number of responses to the solicitation). This in-formation is for the SBA’s own use and will not be made public without yourpermission, except in the aggregate for statistical purposes. If you need assis-tance, you may contact your local SBA representative (also known as a Com-mercial Market Representative, or CMR).

PUBLIC LAW 95-507

Many laws that apply to federal procurement have some special provisionsabout small business and disadvantaged or minority small business contracting.However, no law has had a more profound effect than Public Law 95-507. Thislaw (enacted in October 1978) made major revisions to the Small Business Act.

The federal government’s role in subcontracting assistance to small busi-ness changed significantly by P.L. 95-507. Prior to the enactment of the law, theemphasis was on voluntary best efforts by cooperating prime contractors.Once contractors had made their make-or-buy decisions with the federalagency on all elements of their prime contract, they attempted to subcontractmany of the buy items to small businesses. Over the years the percentage ofsmall business subcontracts grew, but as federal prime contracting becamemore complex and specialized, it was realized that more could be done forsmall business in subcontracting in the high-dollar, complex procurements.

P.L. 95-507 changed the emphasis from voluntary to mandatory and frombest efforts to maximum practicable opportunity. The Act directs that federal gov-ernment contracts over $10,000 shall contain a clause entitled Utilization ofSmall Business Concerns and Small Business Concerns Owned and Controlledby Socially and Economically Disadvantaged Individuals. For larger contracts,i.e., those over $500,000 ($1,000,000 for construction), the law also requires asubcontracting plan setting forth percentage goals for utilizing small businessconcerns, including separately identified goals for disadvantaged small business.In addition, the prime contractor must describe the efforts it will take to ensurethat such firms have an equitable opportunity to compete for subcontracts.

In summary, the law requires the following:

1. A strong and specific commitment to subcontracting with small andsmall disadvantaged businesses by large business prime contractors.

2. Detailed subcontracting plans for larger contracts. These plans may beaccepted or rejected by the government contracting officer in a negoti-ated procurement and must be carried out forcefully in either a negoti-ated or sealed-bid procurement by the successful large business.

3. Monitoring of performance against the plan by the SBA and by theprocuring activity’s contracting officer.

4. Federal buying agencies are to establish an Office of Small and Disad-vantaged Business Utilization to assist small businesses by expandingtheir contracting opportunities and by helping solve problems.

5. Annual goals for contracting with small and small disadvantaged busi-nesses are to be set by federal agencies.

62 SMALL BUSINESS ADMINISTRATION PROGRAMS

For larger negotiated contracts, the apparent successful bidder must nego-tiate a subcontracting plan that the contracting officer may approve, cause tobe modified, or reject. An SBA Procurement Center Representative (PCR), ifavailable, sees the plan and comments on it. The agency’s contracting officerhas the final decision, but the comments of the PCR are very important. Inmost cases, if the PCR has serious objections to a proposed plan, the contract-ing officer will require the large business submitting the plan to make changesto overcome the PCR’s objections. If the contracting officer determines thatthe plan provides “the maximum practicable opportunity” for small and smalldisadvantaged concerns to participate as subcontractors in the performanceof the contract, the approved plan is incorporated as part of the contract. Fail-ure by the large prime contractor to carry out the plan can constitute a mater-ial breach of the contract and, unless remedied, could result in termination.

For large formally advertised (as opposed to negotiated) contracts, the plansubmitted by the successful bidder is incorporated into the contract and, if notcarried out, can constitute a material breach. The plan is not negotiated aheadof time between the large business and the buying agency, however, and thereis no preaward determination that the plan represents maximum practicableopportunity for small business. If the agency’s contracting officer believes thatthe subcontracting plan submitted does not reflect the best effort by the bidderto award subcontracts to small and small disadvantaged concerns to the fullestextent, the agency shall request a review by SBA. Although this request doesnot delay award of the contract, prior compliance of the bidder with othersuch subcontracting plans shall be considered by the federal agency in deter-mining the responsibility of the bidder for the award of the contract.

Requirements for subcontracting plans do not apply to small businessprime contractors; contracts under the prescribed amounts; prime contractsnot offering subcontracting possibilities; or contracts that are to be performedoutside the United States.

In addition to the vital review role performed by PCRs, SBA has subcon-tract specialists located around the country. Their basic responsibilities are to:

1. Assist PCRs in reviewing plans prior to award.2. Conduct preaward and evaluation of subcontracting plans as requested.3. Assist small businesses in discovering and expanding subcontracting

opportunities.4. Work with large prime contractors to identify competent small busi-

ness contractors and assist large businesses in interpreting PL 95-507and implementing its regulations.

5. Conduct postaward review and evaluation of contractually requiredsubcontracting plans, determine acceptability of such plans to providemaximum practicable opportunity for small and small disadvantagedconcerns, and advise the head of the agency and SBA central office ofcases of unacceptable subcontracting plan determinations.

6. Conduct subcontract compliance evaluations to make sure that primecontractors are implementing their subcontracting plans.

SBA PROCUREMENT MARKETING AND ACCESS NETWORK (PRO-NET) 63

OTHER GOVERNMENT AGENCIES SUBCONTRACTS ASSISTANCE

All other government agencies are required to comply with the government’ssmall business provisions and all therefore have personnel appointed pre-cisely for this purpose. These officials may monitor compliance, act as liaisonwith small business, and in general are available for anyone seeking any kindof information or action assistance along these lines.

Page 122 has a detailed listing of department and agency Offices of Smalland Disadvantaged Business Utilization.

PROCUREMENT ASSISTANCE OFFICES OF THE SBA

Central Office

Office of Procurement AssistanceSmall Business Administration409 3rd St., S.WWashington, DC 20416(202)205-6450 FAX (202)205-7754

Area I—Connecticut, Maine, Massachusetts, New Hampshire, New Jer-

sey, New York, Puerto Rico, Rhode Island, and Vermont

Small Business Administration26 Federal Plaza, Suite 3100New York, NY 10278(212)264-4354 FAX (212)264-4963

Area II—Delaware, Maryland, Pennsylvania, Virginia, Washington, D.C.,

and West Virginia

Small Business AdministrationPhiladelphia District OfficeRobert N.C. Nix Federal Building900 Market Street, 5th flr.Philadelphia, PA 19107(215)580-2SBA/FAX (215)580-2762

Pittsburgh District OfficeFederal Building, Room 11281000 Liberty AvenuePittsburgh, PA 15222(412)395-6560 FAX: (412)395-6562

Area III—Alabama, Florida, Georgia, Kentucky, Mississippi, North Car-

olina, South Carolina, and Tennessee

Small Business Administration233 Peachtree Street, NE, Suite 1900Atlanta, GA 30303(404)341-0100

64 SMALL BUSINESS ADMINISTRATION PROGRAMS

Area IV—Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,

Nebraska, Ohio, and Wisconsin

Small Business Administration500 W. Madison Street, Suite 1250Chicago, IL 60661-2511(312)353-4528 FAX (312)886-5688

Area V—Arkansas, Colorado, Louisiana, Montana, New Mexico, North

Dakota, Oklahoma, South Dakota, Texas, Utah, and Wyoming

Small Business Administration4300 Amon Carter Boulevard, Suite 114Fort Worth, TX 75155(817)684-5500 FAX (817)684-5516

Area VI—Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon,

and Washington

Small Business Administration455 Market Street, 6th flr.San Francisco, CA 94105-2420(415)744-6820

CERTIFICATE OF COMPETENCY

The SBA’s procurement assistance effort is greatly strengthened by the Certifi-cate of Competency (COC) program. The SBA is authorized by Congress to cer-tify as to a small company’s “capability, competency, credit, integrity,perseverance and tenacity” to perform a specific government contract. If a con-tracting officer proposes to reject the low offer of a small business firm becausehe or she questions the firm’s ability to perform the contract on any of the pre-viously mentioned grounds, the case is referred to the SBA. SBA personnel thencontact the company to inform it of the impending decision and to offer an op-portunity to apply to the SBA for a Certificate of Competency, which, if granted,would require awarding the contract to the firm in accordance with the SmallBusiness Act. The SBA may also, at its discretion, issue a Certificate of Compe-tency in connection with the sale of federal property if the responsibility (that is,the capability, competency, credit, integrity, perseverance, and tenacity) of thepurchaser is questioned and for firms found ineligible by a contracting officerdue to a provision of the Walsh-Healey Public Contracts Act that requires that agovernment contractor be either a manufacturer or a regular dealer.

The COC program is carried out by a specialized SBA field staff of individ-uals with technical, engineering, and government procurement backgroundsin cooperation with financial specialists who are also of the SBA field staff. Onreceipt of a COC application, the contracting officer of the purchasing agencyis notified that the prospective contractor has applied, and a team of financialand technical personnel is sent to the firm to survey its potential. Althoughthe SBA has access to the purchasing agency’s pre-award survey, which served

SBA PROCUREMENT MARKETING AND ACCESS NETWORK (PRO-NET) 65

as the basis of the contracting officer’s decision, the SBA conducts a com-pletely new survey, which evaluates the characteristics of the applicant interms of the needs of the specific acquisition in question. Credit ratings, pastperformance, management capabilities, management schedules, and theprospects for obtaining needed financial help or equipment are considered.

The team’s findings are presented to a COC Review Committee composedof legal, technical, and financial representatives, which makes a detailed re-view of the case and recommends approval or disapproval. If the decision isnegative, the firm and the purchasing agency are so informed; if affirmative, aletter certifying the responsibility of the firm to perform the contract (the Cer-tificate of Competency) is sent to the purchasing agency. By terms of the SmallBusiness Act, the COC is conclusive on questions of responsibility, and thecontract must be awarded.

A COC is valid only for the specific contract for which it is issued. A businessconcern that is capable of handling one contract may not be qualified to handleanother. Each case is considered separately, and each case is considered only ifand after the contracting officer has made a negative determination of responsi-bility or eligibility. Firms may not apply for a COC until a contracting officermakes a nonresponsibility determination and refers the matter to the SBA.

HOW TO GET ON SOLICITATION MAILING LISTS

After determining which agencies procure the items or services a small firmcan supply, the small business owner or manager should ask the appropriateagencies for the necessary forms to place the company’s name on their solici-tation mailing lists for specific items or services.

All published government specifications and standards for items or ser-vices purchased by military and civilian departments and agencies may be ob-tained from the following locations:

Federal specifications and standards and commercial item

descriptions

Nearest Business Service Center of the General Services Administration orthe Federal Specifications Distribution Center

GSA Federal Supply Service1941 Jefferson Davis HighwayArlington, VA 22202www.fss.gsa.gov

Military specifications

Commanding OfficerNaval Publications and Forms Center5801 Tabor AvenuePhiladelphia, PA 19120

Copies of specifications and standards needed by business concerns forgovernment bidding and contracting purposes are available without charge.However, there will be a charge for large quantities, complete libraries, and

66 SMALL BUSINESS ADMINISTRATION PROGRAMS

copies wanted by individuals or organizations not directly involved in govern-ment bidding or contracting.

Business concerns that are not certain what specification or standard isneeded should contact the specific government agency contracting office thatis requesting offers or that awarded the contract referencing the documents.

After the specifications have been studied and the firm believes it is capa-ble of producing the item(s), it should request the buying agency to place itsname on the appropriate list.

In answer to the firm’s request, the purchasing office should send a Solici-tation Mailing List Application, Form 128, to the requested firm. If the pur-chasing activity does not include a buying list or if the buying list does notinclude the exact products or services the firm can supply, a separate sheetshould be attached to the completed form showing the following:

• The specific name of each product or service the firm offers.

• Additional items or services that the firm could provide the purchasingagency other than those already listed.

• Any item or service the firm has supplied in the past under governmentcontracts.

Each product or service listed in the attached sheet should be fully describedand, if possible, should indicate the government specification number foreach item.

When returning the completed form to the purchasing agency, a small firmshould continue to seek other opportunities. The U.S. Government Purchas-ing and Sales Directory and the Commerce Business Daily are both useful inthis regard.

Firms that receive invitations to bid or requests for proposals from a pur-chasing agency should either submit offers or notify the purchasing office thatthey are unable to offer on the particular item or service but wish to remainon the active list for future purchases of the specific product. Otherwise, theymay be dropped from the list.

NATURAL RESOURCES SALES ASSISTANCE PROGRAM

The federal government sells large quantities of many kinds of real and per-sonal property, property surplus to federal needs (for example, military orNASA surplus), and resources authorized for sale in accordance with publiclaw. The SBA cooperates with other federal agencies to channel a fair share ofthese properties and resources to small businesses. However, the SBA doesnot itself sell real or personal property, except property held as collateral forSBA loans foreclosed because of default.

The SBA’s Natural Resources Sales Assistance Program is intended to en-sure that small business concerns obtain a fair share of government propertysales/leases to include, where necessary, small business set-aside and to pro-vide aid, counsel, and other available assistance to small business concerns onall matters pertaining to government sales/leases.

SBA PROCUREMENT MARKETING AND ACCESS NETWORK (PRO-NET) 67

The program is directed by SBA’s central office staff and carried out by in-dustrial specialists at key geographic locations throughout the United States.

Five categories of federal resources are covered by the program:

1. Timber and related forest products. Timber is regularly sold from thefederal forests managed by the Forest Service, U.S. Department of Agri-culture, and the Bureau of Land Management, U.S. Department of theInterior. On occasion, timber is sold from federal forests that are underthe supervision of the Department of Defense, the Department of En-ergy, the Fish and Wildlife Service, and the Tennessee Valley Authority.

The SBA and these agencies work together to ensure opportunitiesfor small business concerns to bid on federal timber sales. In addition,the SBA and the sales agencies jointly set aside timber sales for biddingby small concerns when it appears that small businesses would not ob-tain their fair share under open sales.

2. Strategic materials from the National Stockpile. The General Ser-vices Administration regulates the procurement and disposal of strategicmaterials in accordance with statutory requirements. Whenever a stock-pile requirement is lowered, any oversupply of the material may be sold.

In those instances where small businesses may find it difficult topurchase their fair share because of the large quantities, the agenciesmay agree to divide materials into small parcels and/or set aside a rea-sonable amount for exclusive bidding by small businesses.

3. Royalty oil. Royalties due the government under leases of federal oilrights for the exploration of oil may be accepted by the secretary of theinterior in the form of oil or money. If the secretary elects to accept oilin lieu of money, the oil is identified as royalty oil.

When the secretary of the interior determines that sufficient sup-plies of crude oil are not available in the open market to small businessrefineries, preference will be granted to these refineries for processingroyalty oil.

The SBA refers qualified small business refineries to the MineralsManagement Service, U.S. Department of the Interior, to assist them inobtaining royalty oil.

4. Leases involving rights to minerals, coal, oil, and gas. The federalgovernment is an extensive owner of mineral, oil, coal, and gas rights.Usually leases to recover these natural resources are competitively sold.

The SBA and the sales agency may jointly set aside a reasonableamount of leases for bidding by small businesses when it appears thatunder open bidding they would not obtain their fair share.

5. Surplus real and personal property. The federal government dis-poses of property for which it has no foreseeable need. Such propertyis first made available for donation to recipients authorized by law,such as educational and public health facilities, state and local govern-ments, and so on. The remainder is sold.

The two agencies of the government principally concerned with

68 SMALL BUSINESS ADMINISTRATION PROGRAMS

surplus personal property sales are the Department of Defense and theGeneral Services Administration. Scheduled sales are widely publicizedand are normally competitive bid sales. The Department of Defensehas a single contact point for any concern interested in purchasing itssurplus personal property in the United States—the Defense Reutiliza-tion and Marketing Service, Federal Center, 74 North Washington Av-enue, Battle Creek, MI 49017, www.drms.dla.mil. GSA surplus personalproperty and federal real property sales are conducted through theGSA’s regional headquarters.

HOW THE GOVERNMENT BUYS

Military and civilian purchasing activities, installations, or offices scatteredthroughout the country buy through two methods: sealed bidding and negotiation.

When soliciting for bids, a purchasing office normally sends bid invitationsto firms listed on their solicitation mailing lists—or, if a given list is undulylong, the purchasing office may solicit segments of the total list. The solicita-tion mailing list is composed of business firms that have advised the buying of-fice that they want to offer on particular solicitations and have supplied datashowing their ability to fulfill contracts for the item, service, or project.

In some cases, the purchasing installation or office will want offers fromadditional firms not listed on its solicitation mailing list. These firms are usu-ally located through public advertisements in the Commerce Business Daily

(CBD), trade papers, notices in post offices, and by Small Business Adminis-tration representatives.

Invitations for bids (IFBs) usually include a copy of the specifications for theparticular proposed purchase; instructions for preparation of bids; and the con-ditions of purchase, delivery, and payment. The IFB also designates the date andtime of bid opening. Each sealed bid is opened in public at the purchasing of-fice at the time designated in the invitation. Facts about each bid are read aloudand recorded. A contract is then awarded to the low bidder whose bid conformswith all requirements of the invitation and will be advantageous to the govern-ment in terms of price and price-related factors included in the invitation.

When buying by negotiation, the government uses procedures that differfrom sealed bidding. Buying by negotiation is authorized in certain circum-stances by law under applicable federal acquisition regulations, or FAR. Often,negotiated contracts cover advanced technology not widely supplied by smallbusinesses and may include very complex areas of research and development,projects connected with highly sophisticated systems, missile programs, air-craft, and weapons systems. However, negotiation procedures also may be ap-plied to more or less standard items when negotiation authority has beenproperly documented by the contracting office. For example, items or servicesmay be purchased by negotiation when it is impossible to draft adequate spec-ifications or to describe fully the specific item, service, or project.

When purchasing by negotiation, the purchasing office also makes use ofits solicitation mailing list for the particular item or service. It may also ask for

SBA PROCUREMENT MARKETING AND ACCESS NETWORK (PRO-NET) 69

detailed statements of estimated costs or other evidence of reasonable price.These Requests for Proposals (RFPs) are sent to a number of bidders so thatthe purchase may be made on a competitive basis.

Requests for Quotations (RFQs) may be used in negotiated procurementsto communicate government requirements to prospective contractors. A quo-tation received in response to an RFQ is not an offer and cannot be acceptedby the government to create a binding contract. An RFQ may be used whenthe government does not intend to award a contract on the basis of the solici-tation but wishes to obtain price, terms of delivery, or other information forplanning purposes.

After reviewing the various quotations received on the proposed pur-chase, the contracting officer may negotiate further with the firms that havesubmitted acceptable proposals to ensure the contract most advantageous tothe government.

Organization of Small Business Investment Companies (SBICs)

Thirty-five years ago an entrepreneur looking for the capital to launch a smallbusiness had very few sources to which to turn. There was no institutional re-source to back up promising but untried ideas. Again and again, businesseswith great potential for innovation failed—or never got off the ground.

To help solve this problem, Congress created the Small Business Invest-ment Company (SBIC) program in 1958. SBICs, licensed by the Small Busi-ness Administration, are privately organized and managed investment firms.They are participants in a vital partnership between government and the pri-vate sector economy. With their own capital and with funds borrowed at favor-able rates through the federal government, SBICs provide venture capital tosmall independent businesses, both new and already established.

Virtually all SBICs are profit-motivated businesses. They provide equitycapital, long-term loans, debt-equity investments, and management assistanceto qualifying small businesses. Their incentive is the chance to share in thesuccess of the small business as it grows and prospers.

Today there are two types of SBICs—the original, or “regular,” SBICs andSSBICs—Specialized Small Business Investment Companies. SSBICs arespecifically targeted toward the needs of entrepreneurs who have been de-nied the opportunity to own and operate a business because of social or eco-nomic disadvantage.

The name SSBIC is used to describe this type of SBIC; therefore, it is usedin this book. However, this name is unofficial. The official name for suchSBICs is Section 301(d) SBICs because they are organized under Section301(d) of the Small Business Investment Act.

With few exceptions, the same rules and regulations apply to both regularSBICs and SSBICs. Therefore, the SBIC name is generally used to refer to bothSSBICs and regular SBICs simultaneously.

70 SMALL BUSINESS ADMINISTRATION PROGRAMS

The program makes funding available to all types of manufacturing andservice industries. Many investment companies seek out small businesses withnew products or services because of the strong growth potential of such firms.Some SBICs specialize in the field in which their management has specialknowledge or competency. Most, however, consider a wide variety of invest-ment opportunities.

WHO BENEFITS FROM THE SBIC PROGRAM?

Small businesses qualifying for assistance from the SBIC program are able toreceive equity capital, long-term loans, and expert management assistance.Venture capitalists participating in the SBIC program can supplement theirown private investment capital with funds borrowed at favorable ratesthrough the federal government.

Most important, the U.S. taxpayer benefits. Tax revenue generated each yearfrom successful SBIC investments more than covers the cost of the program.

The SBIC program also provides the taxpayer with more job opportuni-ties. SBIC-financed small businesses are proven job creators.

THE PROGRAM’S PRINCIPAL ADVANTAGES TO THE SBIC

An SBIC begins with people who have venture capital expertise and capitaland who want to form a venture capital investment company. By law, an SBICcan be organized in any state as either a corporation or a limited partnership.Most SBICs are owned by relatively small groups of local investors. Many,however, are owned by commercial banks. Some SBICs are corporations withpublicly traded stock, and some are subsidiaries of corporations. The SBA re-quires a minimum private capital investment of $5 million for an SBIC and$1.5 million for an SSBIC.

An SBIC in good standing, with a demonstrated need for funds, may receiveleverage equal to 300 percent of its private capital. In addition, an SBIC with atleast 65 percent of its total funds available for investment invested or committedin venture capital may receive an additional tier of leverage per dollar of privatecapital for total leverage of 400 percent of private capital. However, in no eventmay any SBIC draw down leverage in excess of $108.8 million.

To obtain leverage, regular SBICs issue their debentures, which are guaran-teed by the SBA. Pools of these SBA-guaranteed debentures are formed, andSBA-guaranteed participation certificates, representing an undivided interest inthe pools, are sold to investors through a public offering. Under current proce-dures, the debentures have a term of three or ten years and provide for semi-annual interest payments and a lump-sum principal payment at maturity. Thethree-year debenture does not allow prepayment, and the ten-year debenturedoes not allow prepayment during the first five years. Thereafter, the deben-ture may be prepaid with a penalty. In either case, the rate of interest on thedebenture is determined by market conditions at the time of the sale.

ORGANIZATION OF SMALL BUSINESS INVESTMENT COMPANIES (SBICs) 71

ADVANTAGE TO BANKS

Bank ownership in an SBIC subsidiary permits banks to invest in small busi-nesses in which they could not have otherwise invested because of bankinglaws and regulations. A bank may invest up to 5 percent of its capital and sur-plus in a partially or wholly owned SBIC.

SBICs can obtain financing through a number of means: acquiring privateequity capital, publicly selling stock, taking advantage of government leverage,issuing debt securities, and obtaining loans. In turn, it is the function of theSBIC to act as a financier for small business concerns. Such financing is specif-ically tailored to the needs of each small business concern. As financier, theSBIC has a variety of options.

SBICs can make long-term loans to small business concerns in order toprovide them with funds needed for their sound financing, growth, modern-ization, and expansion.

An SBIC may provide loans independently or in cooperation with otherpublic or private lenders. SBIC loans to small business concerns may be se-cured and should be of reasonably sound value. Such loans may have a matu-rity of no more than 20 years, although under certain conditions the SBIC mayrenew or extend a loan’s maturity for up to 10 years.

An SBIC may elect to loan money to a small business concern in the formof debt securities—loans for which the small business concern issues a secu-rity, which may be convertible into or have rights to purchase equity in thesmall business concern. These securities may also have special amortizationand subordination terms. By law, the SBIC must provide equity capital tosmall business concerns and may do so by purchasing the small business con-cern’s equity securities. The SBIC may not, however, become a general part-ner in any unincorporated small business concern or otherwise become liablefor the general obligations of an unincorporated concern.

LICENSING REQUIREMENTS

A corporation or limited partnership may apply to the Small Business Ad-ministration for a license to operate as a federal licensee under the SmallBusiness Investment Act of 1958 as amended and the rules and regulationsissued thereunder.

With only a few exceptions, there are no restrictions on the ownership ofSBICs. Almost any person or organization with a minimum initial private capital-ization of $2.5 million ($1.5 million for SSBICs) and an SBA-approved full-timemanager who will be in charge of the licensee’s operations and who will be ableto serve the licensee’s small business concerns may be approved for ownership.

For example, SBICs may be:

• Owned and operated by U.S. or foreign operating companies, banks, in-surance companies, finance companies, or savings institutions.

• Publicly or privately held.

• Managed under contract by asset management companies or fiduciaries.

72 SMALL BUSINESS ADMINISTRATION PROGRAMS

• Owned as subsidiaries of other venture capital organizations that wantto realize the advantages of the SBIC form of organization while retain-ing the parent company’s autonomy.

Once licensed, each SBIC is subject to annual financial reporting and bien-nial on-site compliance examinations by the SBA and is required to meet cer-tain statutory and regulatory restrictions regarding approved investments andoperating rules.

The SBA, in the regulatory process, seeks to minimize its oversight of SBICs.The regulations that follow exist to protect the interests of small business con-cerns and the integrity of the program and to ensure its overall effectiveness.

SBICs may invest only in qualifying small business concerns or, if the SBIChas temporary idle funds, certain short-term instruments (federal governmentsecurities, insured S&L deposits, CDs, and demand deposits). SBICs may not in-vest in the following: other SBICs, finance and investment companies or finance-type leasing companies, unimproved real estate, companies with less thanone-half of their assets and operations in the United States, passive or casualbusinesses (those not engaged in a regular and continuous business operation),or companies that will use the proceeds to acquire farmland.

An SBIC may not engage in “self-dealing” to the advantage of or with fa-voritism to its associates. The SBA defines associates broadly to include:

• Certain of its shareholders, officers, directors, and employees.

• In an unincorporated SBIC, its members, control persons, and employees.

The SBIC may not directly or indirectly provide financing to any of its as-sociates. It may borrow money neither from a small business concern it has fi-nanced nor from the small concern’s owner or officers.

An SBIC is not permitted to control, either directly or indirectly, any smallbusiness on a permanent basis. Nor may it control a small business in partici-pation with another SBIC or its associates. In cases of inordinately high risk,the SBA may allow an SBIC to assume temporary control in order to protectits investment. But in those cases the SBIC and the small concern must havean SBA-approved plan of divestiture in effect.

Without written SBA approval an SBIC may invest no more than 20 per-cent of its private capital in securities, commitments, and guarantees for anyone small business concern. For SSBICs the limit is 30 percent.

The cost of money on SBIC loans and debt securities issued by small con-cerns is regulated by the SBA in the interest of the small business concernsand is limited to the applicable state regulations governing such loans anddebt securities or by SBA regulations, whichever is lower.

PROHIBITED REAL ESTATE INVESTMENTS

An SBIC may not invest in farmland, unimproved land, cemetery subdividersor developers, or any small business concerns classified under Major Group65 (Real Estate) of the SIC Manual, with the exception of subdividers and de-velopers, title abstract companies, real estate agents, brokers, and managers.

ORGANIZATION OF SMALL BUSINESS INVESTMENT COMPANIES (SBICs) 73

Investment in real estate-related businesses is limited to one-third of theSBIC’s portfolio, and combined investment in real estate-related activities(building contractors, hotels, and lodging places, and so on) is limited to two-thirds of an SBIC’s portfolio investments.

SBICs may not provide funds for a small concern whose primary businessactivity involves directly or indirectly providing funds to others, purchasingdebt obligations, factoring, or leasing equipment on a long-term basis with noprovision for maintenance or repair.

However, SBICs and SSBICs may finance disadvantaged concerns engagedin relending or reinvesting activities (except agricultural credit companies andthose banking and savings and loan institutions not insured by agencies of thefederal government).

In general, investment funds used to purchase securities must go directlyto the small business concern issuing the securities. They should not be usedto purchase already outstanding securities such as those on a stock exchangeunless such a purchase is necessary to ensure the sound financing of a smallconcern or when the securities will be used to finance a change of ownership.The purchase of publicly offered small business securities through an under-writer is permitted as long as the proceeds of the purchase will go to the issu-ing company.

MINIMUM PERIOD OF FINANCING

Loans made to and debt securities purchased from small business concernsshould have minimum terms of five years. Under certain circumstances, loansto disadvantaged concerns may be for minimum terms of four years. The smallconcern should have the right to prepay a loan or debt security with a reason-able penalty where appropriate.

Loans and debt securities with terms less than five years are acceptable onlywhen they are necessary to protect existing financings, are made in contempla-tion of long-term financing, or are made to finance a change of ownership.

MISCELLANEOUS REGULATIONS

In addition to the specific regulations listed here, SBICs are subject to certainother regulations regarding activities, operations, and reporting that must be fol-lowed to ensure the continuation of the SBIC license and its related advantages.

THE BASICS OF SETTING UP AN SBIC

1. Commit the necessary capital. To qualify, you must have a minimum of$2.5 million ($1.5 million for SSBICs) in private capitalization. The SBAmay require additional capital in certain market areas.

2. Prepare a well-structured business plan to be included in the license ap-plication, detailing the SBIC’s plans for investing in small business con-cerns. Include information on the proposed types of investments, thetypes of industries in which the SBIC plans to invest, the developmental

74 SMALL BUSINESS ADMINISTRATION PROGRAMS

stages of these businesses, their geographic locations, and other factorsrelevant to the investment activities of the proposed SBIC.

3. Make sure you have qualified management on your staff. To be licensed,your company must be managed by individuals with a real interest inserving small business concerns and the necessary expertise to do so. Awell-qualified manager would have at least five years of successful expe-rience in a responsible position in a business involved with investing inbusiness concerns—for example, a venture capital firm or an investmentbanking firm. Individuals with comparable experience and educationalbackgrounds may also be acceptable. A degree in a business-related fieldmay be substituted for up to two years of practical experience.

4. Obtain an SBIC “licensing kit” from the SBA’s central office in Washing-ton, D.C. Be sure to review the application and instructions as well asthe SBA’s Regulations and Small Business Investment Act of 1958, asamended. The SBA is vitally interested in encouraging responsible indi-viduals and organizations to establish SBICs.

Although you are welcome to contact the SBA yourself with anyquestions about preparation of required documents, legal counsel isusually advisable because of the complexities of organizing an SBIC.

5. Submit a license application along with all pertinent exhibits and re-quired forms to the Investment Division of the Small Business Adminis-tration in Washington, D.C. Enclose a check for the nonrefundablefiling fee of $10,000. The application will not be processed until the fil-ing fee is received.

Expect that the time required to process your application may be aslong as four months. A significant portion of that time is needed forbackground checks of the individuals who will be involved in the own-ership and management of your prospective SBIC. During the applica-tion process, the SBA may find that additional information is necessaryand, if so, will notify you in writing. The quicker you reply, the quickerthe SBA can process your application.

The SBA encourages responsible individuals and organizations toestablish SBICs. For more detailed information, write:

Associate Administrator for InvestmentU.S. Small Business Administration409 Third Street, SWWashington, DC 20416

The previous statements contain, in many cases, simplified summaries ofcomplex regulatory and statutory provisions. Before any business decision ismade, relevant and current regulations and statutes should be consulted and,if necessary, legal counsel should also be consulted.

THE PROGRAM. Like venture capitalists, small business investment compa-nies typically invest in high-growth companies with new proprietary technolo-gies or untapped niche markets.

ORGANIZATION OF SMALL BUSINESS INVESTMENT COMPANIES (SBICs) 75

The SBIC’s requirements of companies to be financed are:

• High growth—projected sales of $25 million to $100 million in five toseven years.

• High return on investment—30 percent average compounded annually.

• Proprietary technology and/or preemptive position—they want to seesome overwhelming advantage that would help a company quickly pen-etrate or sweep a market.

• Strong management—possibly one member of the management is a rec-ognized expert in a certain technological area.

INVESTMENT STRUCTURE. Investments range from $100,000 to $5,000,000.A business plan is required during the review process. Financing commitmentsare usually structured as equity whereby the SBIC exits in five to seven yearsthrough an initial public offering or a buyout. SBICs can also leverage their in-vestments with SBA loans.

Only firms defined by the SBA as small are eligible for SBIC financing. Forbusinesses in those industries for which the above standards are too low, al-ternative size standards are available. In determining whether or not a busi-ness qualifies, its parent, subsidiaries, and affiliates must also be considered.

If you own or operate a small business and would like to obtain SBIC fi-nancing, you should first identify and investigate existing SBICs that may beinterested in financing your company. You should also consider whether ornot the SBIC can offer you management services appropriate to your needs.

The SBA publishes a regularly updated directory listing all current SBIC li-censees. The amount of each SBIC’s private capital and the amount of govern-ment leverage it has received are listed as well as information on each SBIC’stype of ownership and investment policy.

You should research SBICs and determine your company’s needs well inadvance—long before you will actually need the money. Your research willtake time.

When you’ve identified the SBICs you think are best suited for financingfor your company, you’ll need to prepare for a presentation. Your initial pre-sentation will play a major role in your success in obtaining financing. It’s upto you to demonstrate that an investment in your firm is worthwhile. The bestway to achieve this is to present a detailed and comprehensive business plan,or prospectus. You should include at a minimum the following informationabout your business:

I. Identification

A. Name of the business as it appears on the official record of the stateor community in which it operates.

B. City, county, and state of the principal location and any branch of-fices or facilities.

C. Business organization; if a corporation, date and state of incorpora-tion.

II. Product or Service

A. Description of the business performed, including the principalproducts sold or services rendered.

76 SMALL BUSINESS ADMINISTRATION PROGRAMS

B. History of the development of the products and/or service duringthe past five years or since inception.

C. Relative importance of each product or service to the volume of thebusiness and to its profits.

III. Marketing

A. Detailed information about your business’s customer base, includ-ing potential customers. Indicate the percentage of gross revenueaccounted for by your five largest customers.

B. Marketing survey and/or economic feasibility study.C. Distribution system by which products or services are provided to

customers.

IV. Competition

A. Competitive conditions in the industry in which your business isengaged, including your company’s position relative to its largestand smallest competitors.

B. Full explanation and summary of your business’s pricing policies.

V. Management

A. Brief resumes of management and principal owners, including theirages, education, and business experience.

B. Banking, business, and personal references for each member ofmanagement and for the principal owners.

VI. Financial Statements

A. Balance sheets and profit and loss statements for the last three fiscalyears or from your business’s inception.

B. Detailed projections of revenues, expenses, and net earnings forthe coming year.

C. Amount of funding you are requesting and the time requirementfor the funds.

D. Reasons for your request for funds and a description of the pro-posed uses.

E. Benefits you expect your business to gain from the financing—im-provement of financial position, increases in revenues, expense re-duction, increase in efficiency.

VII. Production Facilities and Property

A. Description of real and physical property and adaptability to new orexisting business ventures.

B. Description of technical attributes of production facilities.

You may obtain an up-to-date Directory of Operating Small Business In-vestment Companies by visiting the SBA regional or district office nearest youor by writing to:

Associate Administrator for InvestmentU.S. Small Business Administration409 Third Street, SWWashington, DC 20416

ORGANIZATION OF SMALL BUSINESS INVESTMENT COMPANIES (SBICs) 77

A SHORT HISTORY OF THE SBIC PROGRAM

The investment company program has been the target of both praise and con-demnation over the years. Some of the companies backed by the program—including Apple Computer and Federal Express—have been outstandinglysuccessful. But critics have also dubbed it “food stamps for the rich” and an“evergreen money tree” because some of its dollars ended up backing porno-graphic theaters and rock-concert promoters in the early 1980s.

To be licensed as an SBIC, investors need $1 million in private capital.They can then borrow as much as four times that amount from the agency.They can also renew their debentures or loan commitments. The result, saysone official, can be continuous, rolling loans that last until a company’s in-vestments run into trouble.

But don’t be fooled into thinking that the SBA closely monitors and regu-lates the organizations that it has licensed to issue equity investments, eventhough the SBA itself provides a portion of the invested monies. Here aresome cases in point.

Mr. John Pointer was happy when Tennessee Equity Capital Corp., an in-vestment company licensed by the Small Business Administration, decided toassist him. Tennessee Equity Capital Corp. promised to invest in his fuel bro-kerage company, Porter Oil Co., and proceeded to apply for additional fundsfrom the SBA.

To Mr. Pointer’s surprise, the investment company—specifically, Mr. WalterCohen, Tennessee Equity’s owner—took an immediate, active managementrole in Porter Oil Co. But Mr. Pointer felt no reason to worry—the SBA’s back-ing was full assurance that the arrangement was correct and proper, regulatedand monitored by the SBA.

Mr. Pointer knows better today. In violation of federal law, Mr. Cohen tookcontrol of Pointer Oil Co.’s finances, helping himself to the money. As a result,Mr. Pointer lost control of his company to Mr. Cohen, who early in 1992 was in-dicted for fraud. Mr. Pointer’s company is, of course, bankrupt. Mr. Pointernever received any of the money, and most aspects of his business, other thanwinning contracts to purchase oil, were controlled by Tennessee Equity officers.

The unquestioning belief that Tennessee Equity was regulated by the SBAdestroyed Mr. Pointer’s business. However, he is not the only victim. Nor isthe SBA the only agency of the government guilty of such oversights. Eachyear, tens of thousands of entrepreneurs take part in government-backed pri-vate sector programs, from SBA lending to lotteries by other agencies for win-ning federal cable licenses and oil leases. Often they simply assume thatfederal involvement safeguards them against fraud. Although it is true that fed-eral agencies are expected to oversee the programs, it is also true that theycan’t be held accountable for everything that goes wrong.

Mr. Pointer alerted the SBA to evidence that resulted in the federal indict-ment against Mr. Cohen. The indictment, delivered by the U.S. District Courtin Nashville, accuses Mr. Cohen and two of his associates of defrauding thegovernment by misusing federal funds and taking direct control of companies

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that were supposed to receive the funds, in violation of federal law. Accordingto the federal indictment, Tennessee Equity used its investment in Pointer OilCo. as a means to secure $250,000 in SBA financing. The indictment accusesMr. Cohen of submitting fraudulent documents to get the SBA to approve Ten-nessee Equity’s applications for financial assistance and lists nine small Ten-nessee concerns that allegedly were improperly financed and managed byTennessee Equity beginning as far back as 1985.

While expressing sympathy for Mr. Pointer and acknowledging it should havebeen more diligent in its oversight, the SBA says it owes him no special consider-ations to help him recover some of his assets and get back into business.

Investment companies such as Mr. Cohen’s might be licensed by the SBA,but the SBA can’t guarantee to the world at large that these companies followall SBA rules. When the SBA finds that they don’t, it brings them back intocompliance or does its best to get them out of the program.

The SBA’s inspector general started looking into the case when Mr. Pointertook his complaints to the agency in 1989. But because the inspector gen-eral’s office is independent and doesn’t share details of its work with otherSBA officials, no administrative action was taken against Tennessee Equity un-til after the indictment in February 1992. Then the SBA took control of the in-vestment company, and officials are still trying to unravel two years’ worth oflegal actions brought by and against the company.

By all appearances the agency probably wouldn’t have won control ofTennessee Equity if Pointer and Grady Ring, another business owner fi-nanced by Tennessee Equity, hadn’t voluntarily testified during the federalcourt proceeding.

Recent studies, including one in 1991 commissioned by the Senate SmallBusiness Committee, concluded that the SBA’s oversight and regulation of theSBIC program during the 1980s had been inadequate. In the wake of severalSBIC failures, the SBA adopted new rules in 1991 to govern the program andbeefed up the staff charged with their oversight. The failed companies stillowe the SBA about $525 million.

Another example of the SBA’s deficiencies in monitoring its SBIC programis the Conquistador ski resort, located in Westcliffe, Colorado, and owned byRoyal Business Funds Corp. of New York. After the company defaulted on itsloans in 1982—owing the SBA $23 million, including interest—the SBA wasfaced with the task of liquidating the company’s assets. In addition to the skiresort, these included undeveloped land in Florida and an apartment com-plex in Ithaca, New York.

In this case, the SBA took the unusual step of deciding to operate thefailed business because it couldn’t find any buyers and was already over-whelmed with the task of liquidating so many other companies. But the SBA’sinspector general took the position, in a recent audit, that the agency violatedfederal rules when it tried to run the business itself. The report also citedagency officials for possible conflicts of interest and poor record keeping.

The officials criticized by the auditors blame their problems in managingthe liquidation on a lack of staff. At the time there were 6 professional staffers

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handling SBIC liquidations and an additional 12 who worked at times undercontract. Those people were aided by several more SBA lawyers.

The SBA set up a separate company, EWE Properties Ltd., to liquidate theRoyal Business assets. When EWE was unable to sell the ski resort, it spentabout $10 million to operate and improve it. SBA officials say the idea was tomaintain the property’s value until a buyer could be found. But the inspectorgeneral’s report said federal rules prohibit a corporation from acting for a gov-ernment agency. The auditors also said SBA officials should have sold the vari-ous properties “as is.” No criminal activity has been alleged, but a managementtask force was appointed to review the case and to find the reason for thegrowing number of SBIC failures.

On last report the resort, which was closed in 1988, still hasn’t been sold.The auditors say the SBA eventually may lose between $11 million and $15million on the Royal Business failure. The audit also showed that records forsome major transactions are missing or incomplete, although no funds weremissing. The auditors also questioned EWE’s hiring of several consultants,one of whom was an acquaintance of an SBA employee involved in EWE.

The SBA officials involved have reacted angrily to the auditors’ report, ar-guing that the head of the SBA has broad authority to take such action andthat they were working to settle the matter to the agency’s advantage.

A total of 170 SBICs, or more than a quarter of all such companies, are nowin liquidation proceedings. They owe the SBA at least $369 million. Althoughsuch businesses are risky by nature, the number of failures surged from about16 companies a year in the early 1980s to 26 in 1986, 38 in 1987, and 26 in1988. In addition to the ski resort, some of the companies’ failed investmentsinclude office buildings, shopping malls, and a cable television station.

As you can see by this short history of this program, it has had its problems.But it is still most effective in helping new ventures get off the ground. This his-tory was not presented to discourage the use of this program but instead toalert you to the caution you must exercise when seeking help from any source,private or governmental. Don’t be lulled into a false sense of security becauseyour capital needs appear to be serviced smoothly. Remember, you are still theone ultimately responsible and the one who can lose everything for whichyou’ve worked extremely hard. In fact, you’ll read more regarding the SBA’s ac-tion or inaction in Chapter 2, “What Makes the SBA Run?,” on page 84.

Export Revolving Line of Credit (ERLC) Program

Export revolving line of credit loans are available only under SBA’s guaranteeprogram to provide financial assistance to small business exporters. This pro-gram assists exporters in financing the manufacture or purchase of goods andservices for export or for the development of a foreign market. This program hasa revolving feature, whereby the borrower can make any number of withdrawalsand repayments within the dollar limit and stated maturity period of the loan.

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Eligible businesses are those that have been in operation for at least 12months prior to filing an application (unless waived by a regional office) andthat meet SBA’s other size and policy requirements. This program can be usedby manufacturers, wholesalers, and export management companies. Appli-cants must be current on all payroll taxes and have in operation a depositoryplan for the payment of future withholding taxes.

Loan proceeds can be used to finance the labor and materials needed tomanufacture or purchase goods and services for sale overseas or to develop aforeign market, including such things as professional advice or assistance, for-eign business travel, and participation in trade shows. Proceeds may also beused to provide a manufacturer with the working capital necessary to performon an export sales contract already secured. Funds may not be used to pay ex-isting obligations or to purchase fixed assets.

The maturity of an ERLC is based on an applicant’s business cycle, butcannot exceed 18 months. Collateral requirements may include an assign-ment of contract proceeds, accounts receivable, bank letters of credit, otherbusiness assets, and personal guarantees. Only collateral located in theUnited States is acceptable.

SBA’s regular guarantee fees apply to ERLC loans except for those with ma-turities of 12 months or less, in which case the guaranty fee is 0.25 percent ofthe guaranteed portion of the loan. The lender may also charge the borrowera commitment fee of 0.25 percent of the loan (or a minimum of $200) afterSBA approves the ERLC.

How the Internet Works

The pace of change is accelerating and businesses that fall behind will watchtheir customers and revenues go elsewhere. Responsiveness and personal ser-vice are the key differentiators for growing businesses today and the Interactcan help improve both. The Internet provides opportunities for businesses ofall sizes. It is the great equalizer because it puts small and growing businesseson a more level playing field with larger businesses. The Internet allows anycompany to reach a global marketplace and support customers 24 hours aday, seven days a week.

In today’s competitive marketplace, it is more important than ever forgrowing companies to enhance customer service, maximize productivity, andcontrol costs. Many companies use the Internet for conducting e-commerce.While e-commerce can produce significant revenue, a major strategic advan-tage of the Interact is using it to improve your company’s productivity, reducecosts, and maximize your bottom line.

The SBA’s E-business Basics on-line program provides information aboutthe technologies, software, and products you will need for your Internet strat-egy and shows you how to work with third-party resources, such as resellersand Internet Service Providers (ISPs), to determine and implement a success-

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ful strategy. E-business Basics also provides a case study of a company thatadopts the Internet as an integral part of its business strategy. By watching thisfirm grow with the Internet, you will be able to see how your company can dothe same and become an e-business.

The Small Business Classroom

Knowledge is the most important asset small businesses will use to competein the twenty-first century. The Small Business Classroom is a strategy forreaching new markets and training small business clients in an ever changingglobal environment. The Small Business Classroom is an on-line resource fortraining and informing entrepreneurs and other students about enterprise. Itis a new, easy to use dimension in entrepreneurial learning. It is a digital strat-egy for reaching new markets and training small business clients. The SB-classroom is designed to educate and provide interactive business guidanceon a variety of topics to many types of students. Besides “traditional” smallbusiness clients, the on-line classroom benefits high school and college stu-dents, individuals with time and travel limitations, people with disabilities, in-ternational businesses, and others.

At the SB-classroom site, you can read articles, take courses, or begin re-searching small business development or other areas of interest. Or, througha SCORE Cyber-Chapter, you can access business advice on an issue via e-mail. With SCORE, you can establish a confidential e-mail dialogue with anexperienced business counselor. On-Line Business Counseling is available viaa professional SCORE counselor. SBA Training and conferences take place inevery state.

AVAILABLE COURSES

Small businesses will need as much knowledge as possible to compete in thenew Internet economy. Start with one of the following resource areas. It willprovide the information you need to start or grow your business.

Business Development

The Business Plan

How to Start a Small Business

Self Assessment

Building Your Business

Business Mentoring

Financing

How to Raise Capital for a Small Business

What Is an IPO and Is It Right for Your Small Business?

82 SMALL BUSINESS ADMINISTRATION PROGRAMS

Certification

Certification Programs

Procurement Opportunities

Small Business Opportunities in Federal Procurement

E-Commerce

The Internet Economy

Basics of the Internet

Growing Your Business on the Web

Basics of E-Commerce

Building Your Business with Web Marketing

This completes the section on programs offered by the SBA. As you cansee, it’s quite exhaustive. A business entrepreneur could quite literally get thefinancial support necessary to see a business enterprise through from productfeasibility studies (SBIR) to the final manufacturing and distribution [7(a) andSBICs]. But keep in mind that these programs are not static—they are con-stantly changing, and not all programs are offered by all SBA regional offices.So, if you determine that one of these programs fits your needs, contact theregional office that services your area and make sure it’s recognized by that of-fice and that it’s still an active program.

The next chapter was written to help you deal with the SBA and explainswhy doing so requires perseverance and patience. It will give you an insightinto the “personality” of the SBA and why that personality exists.

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