SBA has apparently (at least to some extent) followed through on its promise to “return” pending individual-owned 8(a) applications for further applicant revisions to demonstrate social disadvantage. Indeed, we now know at least some (if not all) individual-owned 8(a) applicants got such notification and direction from SBA today. And along with it, they all apparently got a 45-day deadline! Fortunately, along with this action, SBA also provided Volume II FAQs about its social disadvantage updates–which appear to answer at least some of our remaining questions.
Continue readingCategory Archives: 8(a) Program
Posts dealing with the 8(a) business development program, including 8(a) admissions and eligiblity, requests for reconsideration, ongoing eligibility and compliance, and related matters.
8(a) Program Impacts of SBA’s Final Rule on Social Disadvantage
Our readers already know that SBA finally updated its 8(a) Program social disadvantage regulation to reflect SBA’s current policies and application review standards and procedures. And that new rule takes effect today! We previously blogged on this regulatory update here. We also blogged on the corresponding guidance issued by SBA here. In this article, we will take a more in-depth look at the new final rule, its potential implications, and some of the remaining questions it leaves unanswered.
Continue readingBreaking: SBA Releases Guidance on 8(a) Social Disadvantage
On August 28, SBA released an 8(a) Social Disadvantage Regulation list of Frequently Asked Questions. This guidance provides more details to implement SBA’s final rule to revamp the social disadvantage rule for the 8(a) Program that will become effective on September 10.
Here are some key points from this guidance.
Continue readingBreaking: 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 readingEvent 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.
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.
Continue readingGovCon FAQs: Should I Apply Simultaneously for All SBA Statuses I’m Eligible For?
In September 2024, following a temporary application and system pause, SBA switched over to a new, streamlined and unified application portal. Now, applications for the SBA’s 8(a) Program, HUBZone Program, Veteran-Owned Programs, and Woman-Owned Programs all go through MySBACertifications.Gov. Unlike prior portals and procedures, through this one, those eligible have the option to apply for multiple SBA small business contracting programs simultaneously. But the question is, what are the potential risks and benefits of doing so?
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