Category 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.

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

Posted on by

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 reading →

GovCon FAQs: Should I Apply Simultaneously for All SBA Statuses I’m Eligible For?

Posted on by

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?

Continue reading →

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

Posted on by

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.

Continue reading →

The “Once 8(a), Always 8(a)–or HUBZone, SDVOSB, or WOSB” Rule, Where Are We Now?

Posted on by

For better or for worse, these federal procurement “times they are a-changin’.” One obvious source of recent change is the shiny new FAR 2.0, a.k.a. the Revolutionary FAR Overhaul (RFO). With the government’s widespread implementation of the RFO and its many procurement rule and procedure updates, we at SmallGovCon have tried to cover as much as possible. But we’re talking about an essential rewrite of the decades-longstanding procurement playbook here. So unsurprisingly, there’s still a lot to go. One recent change well-worth some deeper discussion is the RFO’s updated “Once 8(a), Always 8(a)” Rule–which I’ve aptly deemed the “Once 8(a), Always 8(a)–or HUBZone, SDVOSB, or WOSB” Rule. As the SBA’s “Once 8(a), Always 8(a)” Rule remains unchanged, this RFO update has the potential for significant impacts on small business federal contracting, as well as some implementation conflicts–or confusion at the least.

Continue reading →

A Reversal in Course? SBA Rescinds Several 8(a) Suspension Notices

Posted on by

As you may recall, this past December, SBA launched a massive audit of the 8(a) Program, in which 8(a) participants were required to submit a long list of financial documents for review. Many feared it was the beginning of the end of the 8(a) Program when several 8(a) Participants were hit with suspension notifications earlier this year. Most of these suspensions were a result of SBA’s review of the documents collected during the December data call. The basis was often a claimed failure of these participants to submit all the data asked for. However, as provided for in 13 C.F.R. § 124.305(c), these participants had the opportunity to appeal these suspensions, and many of them took that opportunity. In several cases, it turns out that SBA itself decided that its suspension was unnecessary, and rescinded those actions. Today, we’ll look at this development.

Continue reading →

Why File: An Appeal of an 8(a) Program Termination

Posted on by

In a previous blog post, Why File: An Appeal of SBA’s 8(a) Program Denial, we covered the process for appealing SBA’s denial of admission into the 8(a) Business Development Program (AKA 8(a) Program). We discussed what happens when a business is stopped at the door – denied entry altogether in the program. But what happens when a concern already admitted into the 8(a) Program is terminated by SBA? Here, we will touch on the arguably more consequential scenario of an 8(a) Program participant’s termination from the program. Specifically, the termination process, timing considerations, and OHA’s scope of review.

Continue reading →

BREAKING: SBA’s Newly-Released 8(a) Program Mandate with “Clarifying Guidance” Regarding Social Disadvantage Criteria Brings Far More Confusion Than “Clarity”

Posted on by

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 →