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

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.

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SmallGovCon Week in Review: June 8-12, 2026

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.

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

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.

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

Jordan Akins

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!

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

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.

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SmallGovCon Week in Review: June 1-5, 2026

Happy Friday and happy June! We’ve received a lot of rain in our neck of the woods recently, so everything is looking green and lush before the heat of summer sets in. There’s the steady hum of lawn mowers as everyone tries to get the grass mowed in between rain showers and the gardens are growing nicely so far. While the cloudy days and frequent storms can be a little inconvenient at times, it’s hard to complain when everything is looking this beautiful. We’re looking forward to all that June has in store. We hope you have a great weekend.

In federal government contracting news this week, catch up on stories related to more contractor transparency, a potential statutory addition for the small business rule of two, and cybersecurity updates.

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Back to the Drawing Board: SBA OHA Overturns Suspension of 8(a) Contractor

In October 2025, the SBA suspended an 8(a) Program contractor called ATI Government Solutions, LLC (ATI) after suspension under the FAR. ATI appealed the 8(a) suspension, and the decision shows that SBA must still support its actions with adequate evidence, and reasonable argument linked to that evidence. OHA remanded the suspension matter for more documentation from SBA.

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