Breaking: SBA Proposes to Remove Social Disadvantage Presumption for 8(a) Program

Posted on June 12, 2026 by Shane McCall

SBA is proposing to amend its 8(a) Program rules to “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” This proposed rule continues the trend that has been building since the Ultima decision in 2023. In 2023, a federal court said that the rebuttable presumption of social disadvantage under the 8(a) is unconstitutional as it violates the right to equal protection. Based on that decision, SBA stopped relying on the presumption of social disadvantage. Three years later, SBA is proposing to formally eliminate any mention of the presumption from the regulations. SBA would replace the individual social disadvantage narrative with a test that looks to whether a person experienced discrimination on the basis of race through programs like affirmative action.

Here are some key points from the proposed rule.

SmallGovCon Week in Review: June 8-12, 2026

Posted on June 12, 2026 by Shane McCall

Happy Friday! We’ve seen a busy storm season lately across the region and the US. It’s that time of year as we transition from spring to summer. Hope all of our readers are staying safe amidst all this weather.

It’s also been a busy week in the federal contracting world, with major developments including NIH shutting down its multiple award contracts, and increased focus on AI at GSA and other agencies. As the week comes to a close, read on to stay up to date on some of these stories. This weekend, it’s a good opportunity to recharge and enjoy the weekend before another busy week ahead.

Webinar: Mentor-Protégé Agreements, June 25, 2026, hosted by Empire APEX Accelerators

Posted on June 11, 2026 by Shane McCall

First launched in 2016 as the “All Small Mentor-Protégé Program,” this powerful initiative by the U.S. Small Business Administration (SBA) has evolved—but it remains a game-changing tool for both small and large federal contractors. In this informative webinar, SmallGovCon contributor and government contracts attorney, Gregory Weber, will break down the key elements of the SBA Mentor-Protégé Program. You’ll learn how this program can help small businesses enhance their capabilities and compete for larger contracts—with the support of an experienced mentor. The session will also cover how mentor-protégé joint ventures can create new contracting opportunities and expand your footprint in the federal marketplace. Additionally, we will provide an introduction to the even older DoD Mentor-Protege Program, which set the stage for the SBA’s program, and compare the two programs.

Important Exception to “Size at Initial Offer” Rule Dooms Award to Mentor-Protégé JV

Posted on June 11, 2026 by John Holtz

As a general rule, when it comes to compliance with a solicitation’s size standard, what matters is the size of the entity at the time it submits its initial offer per 13 C.F.R. § 121.404(a). This is something we’ve seen several times before in other cases. However, that is just the general rule, and there are several exceptions that can change things greatly. Indeed, when it comes to compliance with SBA’s joint venture requirements, we noted earlier this year (in a decision that preceded the one we discuss in this post) and before that such is determined at the time of final proposal revisions as opposed to the initial bid. Recently, a mentor-protégé joint venture learned the hard way via a decision from the Court of Federal Claims (COFC) that the initial offer size rule doesn’t change this requirement. Today, we’ll explore that decision.

Jordan Akins Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!

Posted on June 10, 2026 by Shane McCall

We are excited to announce that Jordan Akins has joined the firm and will also be a regular SmallGovCon contributor! You can read her full biography here. And check out Jordan’s first post here, discussing SDVOSB status protest best practices.

Before joining the firm, Jordan served as General Counsel for the state of Kansas, advising agencies and boards on statutes, regulations, and newly adopted legislation. Her diverse experience in state government helps her break down complex legal issues into practical, understandable guidance for clients. She is a recent graduate of the Washburn University School of Law, graduating in the top five percent of her class. In law school, Jordan earned CALI Excellence for the Future Awards in Constitutional Law, Trademark Law, Corporate Compliance, Criminal Procedure II, and Conflict of Laws.

Jordan also enjoys reading, traveling, and spending time with family and friends. She lives in Lawrence, Kansas, with her fiancé and can often be found cheering on the University of Kansas Jayhawks. We are excited to have Jordan become part of the team here at SmallGovCon and Koprince McCall Pottroff LLC!

Timing is Everything: The Key to Timely SDVOSB Status Protests

Posted on June 10, 2026 by Jordan Akins

When filing a Service-Disabled Veteran Owned Business (SDVOSB) status protest, timing is critical. A single missed deadline may be the difference between a successful protest and a protest that is never heard. Missing established filing deadlines can result in your protest being dismissed, regardless of how compelling your arguments are. The Small Business Administration (SBA) will enforce these timing rules strictly. In particular, can a contractor ask the agency to simply investigate a company for SDVOSB compliance? And does such a request need to meet the timing requirements? A recent OHA decision answers these questions.

Govology Webinar: Ethics in Federal Government Contracting, June 23, 2026

Posted on June 9, 2026 by Shane McCall

Contracting with the federal government requires companies to operate under heightened ethical and compliance standards. At the same time, competitive intelligence and strategic business development efforts are often critical to remaining competitive in the government marketplace. Understanding where the legal and ethical boundaries exist under procurement law, however, is not always intuitive.