News & Analysis as of

8(a) Program Federal Contractors Small Business Administration

Schwabe, Williamson & Wyatt PC

SBA’s Proposed Rule: Impact on HUBZone and 8(a) Programs

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

Schwabe, Williamson & Wyatt PC

U.S. District Court Bars Racial Criteria for Minority Business Development Agency Programs

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

PilieroMazza PLLC

SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

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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

Schwabe, Williamson & Wyatt PC

Karthik Consulting Case Opens Up Interesting Nuance for SBA Program

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

Schwabe, Williamson & Wyatt PC

Ultima Services Corporation Files Reply Brief for Injunction against 8(a) Contracts‎

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

Bass, Berry & Sims PLC

UPDATE: 8(a) Reopens its Certify Site Welcoming New Applicants

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On September 29, the Small Business Administration (SBA) reopened its Certify portal to new applicants seeking admittance into the SBA 8(a) program....more

Schwabe, Williamson & Wyatt PC

Federal Government’s Response to Ultima’s Motion

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

McGuireWoods LLP

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

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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

PilieroMazza PLLC

New Developments in Ultima Case: Potential Effect on Current and Future SBA 8(a) Program Participants

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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

Holland & Knight LLP

SBA Issues More Guidance on Use of 8(a) Program During Ultima Injunction

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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

Schwabe, Williamson & Wyatt PC

U.S. District Court Issues Order in Ultima v. U.S. Dept. of Agriculture

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

Holland & Knight LLP

SBA Begins Review of Personal Social Disadvantage Narratives

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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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – August 2023 #4

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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

Schwabe, Williamson & Wyatt PC

SBA’s Latest Moves: Moratorium Extension and Response to Ultima Decision

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

PilieroMazza PLLC

8(a) Construction Contractors Get More Time to Meet SBA’s Bona Fide Office Requirement

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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

Bass, Berry & Sims PLC

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

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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

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Size Determinations and Multiple Award ‎Contracts

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

PilieroMazza PLLC

SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval

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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

Maynard Nexsen

SBA to Require All Individually-Owned 8(a)s to Affirmatively Establish Social Disadvantage

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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

Schwabe, Williamson & Wyatt PC

Comparing Senate and House NDAA 2024

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

Schwabe, Williamson & Wyatt PC

The Impact of Ongoing Challenges to Federal Programs

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

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Follow-On Contracts

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

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: All Small Mentor-Protégé Program

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

Maynard Nexsen

Hello Q4: SBA Clarifies 8(a) Sole Source Rules, Individual 8(a)s Have More Options for Larger Awards

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The government's fiscal year ("FY") is coming to an end on September 30, which means the need for agencies to spend "use it or lose it" contracting dollars will steadily increase over the next couple of months. And, while the...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

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The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

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