134.611—What should I include in my application for an award?
(a)
Your application must be in the form of a written petition which is served and filed in accordance with § 134.204. It must contain the following information:
(3)
A statement that you have prevailed, and a list of each issue in which you claim the position of SBA was not substantially justified;
(4)
Your status as an individual, owner of an unincorporated business, partnership, corporation, association, organization, or unit of local government;
(5)
Your net worth and number of employees as of the date the administrative proceeding was initiated, or a statement that one or both of these eligibility requirements do not apply to you;
(6)
The amount of fees and expenses you are seeking, along with the invoice or billing statement from each service provider;
(7)
A description of any affiliates (as that term is defined in § 134.608 ), or a statement that no affiliates exist;
(8)
A statement that the application and any attached statements and exhibits are true and complete to the best of your knowledge and that you understand a false statement on these documents is a felony punishable by fine and imprisonment under 18 U.S.C. 1001; and
(b)
You should follow this chart to determine which further documents must be included with your application:
| Party | Required documents |
|---|---|
| (1) Individual, owner of unincorporated business, partnership, corporation, association, organization, or unit of local government | (1) Net worth exhibit. |
| (2) Organization qualified as tax-exempt under 26 U.S.C. 501(c)(3) | (2) Copy of a ruling by the Internal Revenue Service that you qualify as a 501(c)(3) organization or |
| Statement that you were listed in the current edition of IRS Bulletin 78 as of the date the administrative proceeding was initiated. | |
| (3) Tax-exempt religious organization not required to obtain a ruling from the Internal Revenue Service on its exempt status | (3) Description of your organization and the basis for your belief you are exempt. |
| (4) Cooperative association as defined in 12 U.S.C. 1141j(a) | (4) Copy of your charter or articles of incorporation, and |
| Copy of your bylaws. |