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 readingTag Archives: 8(a) eligibility
BREAKING: SBA’s Newly-Released 8(a) Program Mandate with “Clarifying Guidance” Regarding Social Disadvantage Criteria Brings Far More Confusion Than “Clarity”
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 readingFive Tips for Surviving the End-of-Year 8(a) Program Audit
If you got an aggressive email from the SBA earlier this month requesting an awful lot of documentation and information in relation to your 8(a) Program participation—you are far from alone. SBA actually sent this December 5th email to about 4300 current and past 8(a) Program participants. And if you too found yourself reading and rereading SBA’s specific requests trying to determine exactly what the SBA is looking for—but to no avail—you are again far from alone. Now, we at SmallGovCon don’t have all the answers or any insider knowledge. But we offer you these five tips for surviving the 8(a) audit—based on our vast experience with the fundamentals of legal language interpretation and our expertise with the 8(a) Program regulations and standard operating procedures.
Continue readingWhy File: An Appeal of SBA’s 8(a) Program Denial
The U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (the 8(a) Program) is a popular set-aside program that provides a lot of opportunities for small businesses. In hopes of becoming one of those successful businesses, it is common for a company to invest a lot of time, money, and resources into their 8(a) Program application. When SBA denies their 8(a) application, a company may feel like it was all a waste and accept the loss. Focusing only on the denial alone, the company fails to review SBA’s reason for denial. And what if SBA’s reason was wrong? Well, this post explores the option to challenge a denial of an 8(a) application.
Continue readingSmallGovCon Attorney-Author Stephanie Ellis Discusses Small Business Contracting goals on “The Federal Drive”
I recently had the opportunity to discuss small business contracting goals with Terry Gerton, host of “The Federal Drive with Terry Gerton.” This was a follow-up to a post I wrote in July regarding the changing landscape of federal small business government contracting requirements. That post, published earlier in 2025, focused on the changes to small business federal government contracting goals that had been affected by EO 14151.
Continue reading[1st Ever Bilingual] Webinar Announcement: The SBA 8(a) Program, June 26, 2025, 12:30 PM – 2:30 PM CDT
Are you a disadvantaged small business owner looking for a leg-up in the federal marketplace? Well, this is your chance!
Puerto Rico APEX Accelerators are hosting a FREE webinar to help you understand how the SBA 8(a) Business Development Program can open the door to exclusive contracting opportunities. And in very exciting news, this will actually be our firm’s first ever bilingual webinar! Indeed, our very own Nicole Pottroff will put her years of Spanish education to the test in an effort to maximize accessibility to this valuable information about federal government contracting. Webinar will be presented in English with Q&A to follow in Spanish.
✅ What You’ll Learn:
- How the SBA 8(a) program works and why it matters
- Key benefits like sole-source contracts and federal mentorship
- Eligibility requirements and how to apply
- Common mistakes that can delay or deny certification
- Live Q&A (*in Spanish) with a top expert in federal contracts law attorney, Nicole Pottroff
- Tips for starting your application
💼 Who Should Attend?
- Small business owners aiming to grow through federal contracting
- Government contracting consultants
- Entrepreneurs seeking new growth avenues
📅 Spots are limited – register now to reserve your place!
👉 Register here.
He Never Saw Himself as Disadvantaged. Then the Government had Him Write an Essay. -Julian Mark (Washington Post)
I am incredible honored by the shout-out I received in this recent, powerful Washington Post article, by the talented Julian Mark. Mark also wrote the prior article including my statements about the 8(a) Program litigation and changes that took place last summer, which you can read about here. This second article covers the incredible story of 8(a) Program graduate, Curtis Joachim, and my work with him in drafting a successful social disadvantage narrative to remain in the program for his final year—a requirement (now) for all applicants and participants imposed by Federal District Court and implemented by SBA. I am so fortunate I had the opportunity to work with Curtis and so grateful for his strength and grace in sharing his inspiring story.