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  • Question

    Can a Caucasian female use SDP program Socially Disadvantaged non-designated criteria to gain 8(a) status as an aerospace contractor due to social challenges faced from her long standing sexual orientation?


    Answer

    FAR 19.801 states, "Selecting concerns for the 8(a) Program is the responsibility of the SBA and is based on the criteria established in 13 CFR 124.101-112."  13 CFR 124.103 defines who is socially disadvantaged.  For your your specific question, I would contact the SBA as paragraph (c) of 13 CFR 124.103 says, "Individuals not members of designated groups. (1) An individual who is not a member of one of the groups presumed to be socially disadvantaged in paragraph (b)(1) of this section must establish individual social disadvantage by a preponderance of the evidence."  It also goes on to say in paragraph 2 of this section that "Evidence of individual social disadvantage must include the following elements:..." 

    Attached is the link this section in the eCFR  http://www.ecfr.gov/cgi-bin/text-idx?SID=8b6f15ee5dc4ff7d2a2e7d494a881689&node=13:1.0.1.1.19.1.288&rgn=div7.

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