News & Analysis as of

Small Business 8(a) Program

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

The Fall of the Chevron Doctrine: Implications for Indian Country and Alaska Native Corporations

For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...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

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

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

Mid-America Case Challenges the DOT’s Use of a Rebuttable Presumption

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

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

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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

Cozen O'Connor

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

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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

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

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