News & Analysis as of

8(a) Program Small Business Administration

Schwabe, Williamson & Wyatt PC

SBA’s Proposed Rule: All Small Mentor-Protégé Program ‎

On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small business programs, including the 8(a) Program...more

Schwabe, Williamson & Wyatt PC

SBA’s Proposed Rule: Affiliation and Negative Control

Comments are due by October 7, 2024. On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small...more

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

SBA Extends Moratorium on Bona Fide Place of Business Rule

June 14, 2024 Industry Group Leader On June 11, the Small Business Administration announced that it was extending the moratorium on the application of the bona fide place of business rule for 8(a) construction contracts to...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

PilieroMazza PLLC on

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

Chairman Issues Letter Regarding SBA’s Response to Ultima Court Ruling

On December 1, 2023, Chairman of the U.S. House Committee on Small Business, Roger Williams, a Member of Congress from Texas, issued a letter to the Small Business Administration to request information regarding the SBA’s...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

Davis Wright Tremaine LLP

8(a) Program's Future in Question as New Arguments are Raised in Federal Court

As the Small Business Administration ("SBA") has scrambled to adapt to the July 19, 2023, federal court decision that found the 8(a) program's rebuttable presumption of social disadvantage for certain races and ethnicities to...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

Bass, Berry & Sims PLC on

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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2023

PilieroMazza PLLC on

Small Business Administration (SBA) Press Release: SBA Administrator Guzman Releases Statement on the Reopening of the 8(a) Application Portal - On Friday, September 29, U.S. Small Business Administrator Isabella Casillas...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

Schwabe, Williamson & Wyatt PC

SBA’s Certify.gov Portal Reopens for 8(a) Applications

As of September 29, 2023, the SBA’s certify.gov portal for submitting 8(a) applications (for both individually owned and entity-owned applicants) is back open and accepting new applications. The SBA had previously...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

PilieroMazza PLLC on

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

Holland & Knight LLP on

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

Clark Hill PLC

Federal Court Asked to Further Limit the 8(a) Program

Clark Hill PLC on

As we’ve discussed in two prior legal updates, on Aug. 18, the U.S. Small Business Administration released official guidance on next steps for current 8(a) Participants and new applicants to the 8(a) Program after the U.S....more

Schwabe, Williamson & Wyatt PC

Ultima Files Motion for Additional Equitable Relief

Ultima Services Corp. v. U.S. Dept. of Agriculture‎ - September 19, 2023 Ultima Services Corp. v. U.S. Dept. of Agriculture‎ Shareholder On Friday, September 15, 2023, Ultima Services Corporation (“Ultima”) filed a motion...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

Cozen O'Connor

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy

Cozen O'Connor on

Some significant (perhaps short-term) changes have rapidly come to the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) or the Program) following a U.S. Federal District Court for the...more

Schwabe, Williamson & Wyatt PC

SBA Files Notice of Compliance in Response to Ultima Ruling

On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more

Pillsbury Winthrop Shaw Pittman LLP

The SBA Makes Significant Changes to 8(a) Program

The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional. All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more

Holland & Knight LLP

SBA Begins Review of Personal Social Disadvantage Narratives

Holland & Knight LLP on

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

PilieroMazza PLLC on

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

108 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide