Federal Small Business Programs—A Primer for Government Contractors
Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and Advisors
SBA’s Final Rule on SBA’s MP Program, Joint Ventures, Affiliation and 8(a) Regulations
SBA’s Final Rule on Mentor-Protégé Programs: Key Changes for Government Contractors
Growth Strategies for Small Businesses Moving to Mid-Tier
Exiting From the Valley of the Shadow of Death: Successful Growth Strategies for Small Businesses...
SBA’s New WOSB / EDWOSB Certification Requirement and 8(a) Economic Disadvantage Criteria Revisions
On Friday, August 23, the Small Business Administration issued a proposed rule that would make significant changes to the SBA’s HUBZone small business contracting program, as well as modifications to other small business...more
The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more
On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more
The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology...more
On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky. Raising the...more
Karthik Consulting, LLC v. United States, Case No. 23-944, a recent Court of Federal Claims case, identifies an essential nuance in determining the eligibility of contractors who have graduated from the Small Business...more
On Friday, October 6, 2023, Ultima Services Corporation filed a reply brief in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, which continued to argue for an injunction against the award...more
On September 29, the Small Business Administration (SBA) reopened its Certify portal to new applicants seeking admittance into the SBA 8(a) program....more
On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more
On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more
On September 15, 2023, Ultima Services (Ultima) filed a motion in the U.S. District Court for the Eastern District of Tennessee seeking additional equitable relief in its suit challenging the constitutionality of the Small...more
The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)...more
On September 1, 2023, the U.S. District Court for the Eastern District of Tennessee issued an order in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, as a result of the status hearing...more
The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more
SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval - As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee...more
There were two important announcements from the Small Business Administration (“SBA”) on Monday, August 21, 2023: - The SBA is extending the moratorium on the application of the bona fide place of business rule for 8(a)...more
On August 21, 2023, Small Business Administration (SBA) Administrator Isabella Casillas Guzman announced the extension of the 8(a) Business Development Bona Fide Place of Business (BFPOB) Requirement Moratorium from September...more
On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage violated...more
We recently wrote about a federal court decision in Ultima Servs. Corp. v. U.S. Dep't of Agric., which held that the "rebuttable presumption" of social disadvantage under Small Business Administration's ("SBA") 8(a) Program...more
On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more