On January 22, 2026, SBA issued brand new “SBA Guidance” to its Office of Government Contracting and Business Development and its Office of Field Operations via a highly confusing 8(a) Program Mandate. On its Website, SBA labels it “Clarifying Guidance That Race-Based Discrimination is Not Tolerated in the 8(a) Program[,]” and further labels it the “Latest Action” in our Federal Government’s “Year-Long Effort to Dismantle DEI Discrimination, Expose Fraud, and Restore Fairness in Federal Contracting[.]” But no matter SBA’s intent behind it, this guidance does everything but clarify even a single aspect of SBA’s 8(a) Program eligibility rules and social disadvantage requirement.
Continue reading…SmallGovCon Week in Review: January 19-23, 2026
Happy Friday! We are preparing for the snow that’s impacting much of the nation. But amidst the frenzy of dealing with the transitory, we also wanted to remember Martin Luther King Jr.’s legacy this week and all that he has taught us about the “the arc of the moral universe.” We would do well to reflect on Dr. King’s enduring legacy of service and justice.
And now for the updates in federal contracting. This week in federal government contracting there has been a lot of buzz about the SBA’s 8(a) Program audit, spending bills, and restructuring government.
Continue reading…Back to Basics: SDVOSB Program Eligibility
Recently, SBA’s VetCert Program announced that it had gotten through its backlog, meaning that the system has returned to normal, so to speak. With this in mind, many new service-disabled veteran-owned small businesses (SDVOSBs) no doubt are looking at getting into the SDVOSB program. Indeed, some of you reading this may be the owners of some of those businesses. Considering that we just looked at an SDVOSB appeal regarding the control requirements for an SDVOSB, today, we’re going to go further and provide a general rundown of the SDVOSB Program to update our past post on this topic.
Continue reading…OHA SDVOSB Appeal: Voting Provisions Scuttle Veteran Control
In a recent decision, SBA’s Office of Hearings and Appeals (OHA) emphasized the importance of a careful reading and complete understanding of the control and ownership requirements for Service-Disabled Veteran Owned Small Businesses (SDVOSBs). This decision provides contractors with an excellent opportunity to brush up on SBA’s control rules regarding qualifying and non-qualifying owners. As the appellant found out in this case, while it may seem to some at first glance that simple majority ownership by the service-disabled veteran is enough to meet SDVOSB requirements, voting provisions matter as well. Failure to keep in mind all aspects of SDVOSB requirements could lead to a denial of SDVOSB status. Let’s take a look at the language of the regulation in question, and how this case illustrates the potential consequences of overlooking a critical item in an otherwise-compliant application for SDVOSB certification.
Continue reading…SmallGovCon Week in Review: January 12-16, 2026
Happy Friday! We are already halfway through January and 2026 is off to a quick start. This week’s federal contracting headlines point to a busy year ahead, but we hope you have time for some rest and relaxation this weekend after a productive week.
In this week’s federal government contracting news, look for updates on how agencies are using AI in all aspects of acquisition and their missions and an emphasis on using different tools to fight fraud.
Continue reading…GAO Checks the Math: An Agency’s Failure to Document OCI and Best-Value Decision Results in Sustained Protest
In the procurement process, agencies are afforded a significant amount of discretion when selecting an awardee. When an agency’s decision is protested, the Government Accountability Office (GAO) focuses primarily on the reasonableness of the agency’s conclusions. But when an agency fails to show its rationale behind a decision, GAO is unable to conclude that the agency’s decision was reasonable.
In a recent GAO decision, Castro & Company, B-423689 (Comp. Gen. Nov. 13, 2025), GAO sustained a protest on three grounds, all of which involved an agency’s lack of documentation.
Continue reading…Webinar Announcement: Understanding the SBA Mentor-Protégé Program, January 22, 2026 hosted by Idaho APEX Accelerators
Please join federal government contracts attorney, Nicole Pottroff, as she breaks 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.
Topics will include:
- Who is eligible and how to qualify
- The benefits of participating as a mentor or protégé
- How to form compliant mentor-protégé joint ventures
- Key steps in the application process
- Common myths, misconceptions, and pitfalls to avoid