Tag Archives: 8(a) eligibility

Why File: An Appeal of SBA’s 8(a) Program Denial

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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.

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SmallGovCon Attorney-Author Stephanie Ellis Discusses Small Business Contracting goals on “The Federal Drive”

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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.

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[1st Ever Bilingual] Webinar Announcement: The SBA 8(a) Program, June 26, 2025, 12:30 PM – 2:30 PM CDT

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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)

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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.

Webinar! Small Business Certifications, March 20, 2024, 10:00-11:00 am CDT

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Please join federal government contracts attorneys Nicole Pottroff & Greg Weber for this informative webinar on SBA certifications hosted by Catalyst Center for Business & Entrepreneurship. Participants will get an overview about the Small Business Certifications including:

  • Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business
  • 8(a)  Business Development Program
  • HUBZone (Historically Underutilized Business Zone)
  • Service Disabled Veteran Owned Small Business

We will discuss how to get certified, how long it may take, regulations, changes, updates, and tips and tricks on how to be prepared. Please Register here.

8(a) Program’s Two Years in Business Rule: Requirement or Suggestion?

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It is no doubt that the SBA’s 8(a) Business Development Program is a first-class program: there is a reason that some of us around here tend to say that it is one of the most important of federal government contracting programs. And in the past year, there has been a flurry of activity surrounding the 8(a) Program. For the most part, this uptick in activity has had to do with the requirement that all applicants prove they are socially disadvantaged in light of the the Ultima decision that we’ve discussed on the blog. As you may know, applicants must also prove that they are economically disadvantaged, though the requirements to qualify as such are a little more objective. But then there is the requirement that the applicant firm must be able to prove that it has the potential for success. Today we take a closer look at the potential for success requirement’s two year business revenue rule, and delve into whether there is any way around it.

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SBA and Industry Leaders Reaffirm Support for 8(a) Program in Light of Recent Judicial Attacks

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This week, the SBA published a press release affirming its continued support of its 8(a) Business Development Program in response to recent 8(a) Program attacks in the courts. In the press release, business industry leaders across the nation joined SBA Administrator, Isabella Casillas Guzman, in praising the 8(a) Program, its successful history, and its driving policy and spirit.

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