Affiliation is a notorious term in the world of federal procurement, especially when it comes to SBA size determinations and appeals. And affiliation analyses can be even more confusing when it comes to joint ventures. A recent SBA OHA decision, however, answered some common questions regarding joint ventures and affiliation. It also reiterated some of the fundamental standards of a size determination and OHA size determination appeal.
Continue reading…SmallGovCon Week in Review: August 10-14, 2026
Happy end of week to our SmallGovCon readers. Hard to believe, but it’s halfway through August. The heat has been unrelenting, but it has to break soon, right. Arounder here, kids are heading back to school and our college town is buzzing with activity. The school year always brings a new level of energy after the slower pace of summer. It’s one of those times of year that reminds us just how special it is to live in a college town. We hope you are looking forward to a great weekend.
This week in federal government contracting saw stories about increased production of key systems, continued funding of the government, and updates on various large contracts.
Continue reading…Not Quite Tribally Owned: A Lesson on Tribally-Owned Entities and the 8(a) Program
Not every participant in the 8(a) Business Development Program is owned by socially and economically disadvantaged individuals. There are also a sizable number of entities that are owned by Native American tribes, Native Alaskan entities, Native Hawaiian organizations, either directly or through other entities (collectively, we’ll call them Tribally-Owned Entities). While the presumption of social disadvantage for 8(a) eligibility for members of certain ethnic and racial minorities was found unconstitutional (and is formally being removed), Tribally-Owned Entities go by a different set of rules that makes admission into the 8(a) Program easier. That does not, however, mean that these rules apply to any and all entities owned by a Native American or even where actions are supposedly taken on behalf of a Native American tribe. A company learned this the hard way in a recent SBA Office of Hearings and Appeals (OHA) decision that we’ll explore today.
Continue reading…Breaking: SBA Finalizes Rule to Remove Social Disadvantage Presumption for 8(a) Program
SBA has issued a final rule to revamp the social disadvantage rule for the 8(a) Program. We wrote about SBA’s proposed rule from June 11, 2026 that would “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” The SBA has now issued a final rule that would do just that. The rule continues the trend of the Ultima decision in 2023, which ruled 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. Now, SBA has formally issued a rule to eliminate any mention of the presumption from the regulations. SBA’s rule replaces 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 details.
Continue reading…Event Announcement: GovCon Roundup Live, August 12, 1:00pm EDT, Expanding VOSB and SDVOSB Opportunities & Navigating the SBA Certification Minefield
On this episode of GovCon Roundup Live, hosts Carroll Bernard and Steven Koprince welcome special guest Nicole Pottroff, federal contracting attorney and equity partner at Koprince McCall Pottroff LLC, to break down some recent developments that could reshape both programs:
- The SBA’s June 2026 proposed rule, which would eliminate the rebuttable presumption of social disadvantage for individually owned 8(a) firms and replace it with a demanding, evidence-based standard.
- The Ending Discrimination in Government Contracting Act (H.R. 8511 / S. 4390), which could dismantle the statutory foundations of both the 8(a) and WOSB programs.
- The latest on the 8(a) application backlog and the 8(a) & WOSB program audits—and what this could mean for your business.
You’ll come away with a clear view of the legal and regulatory risks, the compliance challenges ahead, and practical steps you can take now to prepare for whatever comes next.
Free to attend—register at this link to reserve your seat and bring your questions for the live Q&A.
SmallGovCon Week in Review: August 3-7, 2026
Happy Friday to our SmallGovCon readers. We hope you are having a great summer and finding some time to get away with family and friends and enjoy some relaxation. I recently spent a week in Colorado with my family and enjoyed some wonderful views and fresh air courtesy of Rocky Mountain National Park. This is the beginnings of the Colorado River, which runs to Mexico. It’s inspiring to know that such a great river starts from such a small stream.
We hope you have time for some rest and relaxation this weekend. Here’s what’s happening in federal government contracting news, including a new SBA website and how the government can procure faster and with more contractors.
Continue reading…Counting the Hours: SBA Adding More MPA Requirements
The SBA’s Mentor-Protege Program (MPP) continues to be one of the most popular programs at the SBA. The MPP is a great way for federal contractors to grow and learn from more experienced contractors, in a way that is shielded from size affiliation risks. Historically, the Mentor-Protege Agreement (MPA) between a mentor and protege was a flexible document that allowed the parties to make sure their participation in the program truly fit their processes and aims in their own words. However, in recent years the SBA’s MPA reviews have seemingly taken stricter stances on the format and content of the MPA, leading to confusion among contractors on what they are supposed to draft in their MPA. Recently, we have become aware of the SBA implementing more requirements on MPAs that contractors are not warned about prior to applying to the MPP.
Continue reading…