Tag Archives: 8(a) program

SBA OHA Says: Claiming Social Disadvantage? Prove it!

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Many individuals who have gone through SBA’s 8(a) Business Development Program (the 8(a) Program) will tell you that the application process is not for the faint of heart. One of the most time-consuming, and often frustrating hurdles of the application is the Social Disadvantage Narrative (or SDN).  

Applicants are asked to revisit painful moments where they experienced discrimination. Sharing these deeply personal experiences is what makes it so upsetting for an applicant when SBA pushes back on their narrative – or worse, when SBA questions the bias, finding “legitimate alternative grounds” for the mistreatment.

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SBA Announces an Audit of 8(a) Program Contracts

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SBA has announced that it will be auditing the 8(a) Program in a recent press release entitled: “Administrator Loeffler Orders Full-Scale Audit of 8(a) Contracting Program.” 8(a) Participants and former Participants should be aware that SBA will be focusing on a review of contracts issued under the 8(a) Program.

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Money Talks: CEO’s IRA Withdrawal Results in 8(a) Program Denial

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Whether you know from firsthand experience or have read our blogs on the topic, it’s no secret that a company applying for one of SBA’s socioeconomic programs will be examined extremely closely by SBA during the application process. Sometimes even more so in the 8(a) Program. This can include sifting through the language in a company’s operating agreement (as in this case we blogged on here), down to the meeting minutes. It can sometimes be overlooked that this close review also includes a look at the personal finances of the qualifying individual, at least for 8(a) and EDWOSB programs.

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End of the Line for Transmutation Agreements in 8(a) Program

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We at SmallGovCon have analyzed a number of key updates from the recent SBA final rule concerning HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs. But, with the rule covering many issues, there are aspects we didn’t cover everything. One small change could impact a number of companies seeking 8(a) Program certification or existing 8(a) Program Participants changing their ownership. The change affects married business owners in community property states and removes the requirement for transmutation agreements.

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News Flash: SBA Releases Final HUBZone Rule Update, Other Small Business Changes

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SBA has released the final rule for the HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs on December 17, 2024. As we have discussed, this rule made a lot of changes to the HUBZone program. But it also updated a lot of other small business rules. Below are the details on some of these significant changes. This rule will be effective on January 16, 2025.

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Back to Basics: 8(a) Program Economic Disadvantage

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When it comes to SBA’s many small business socioeconomic certification programs, the 8(a) Business Development Program is often considered SBA’s “golden child”–as its potential benefits are nearly endless. But it certainly wouldn’t be a “golden child” at all if just anyone could get into it. The 8(a) Program has some of the most extensive and strict requirements out there. In this post, we’ll dig into the basic components of one of those requirements: economic disadvantage. But don’t fret, this post is worth a read for our experienced 8(a)-ers and those just learning about the program. For the former, the information below can serve as a refresher on the basics of economic disadvantage–but also, a source for SBA’s most recent economic disadvantage thresholds (as of 2024, as these are updated periodically for inflation). For the latter, we suggest reviewing these basics of economic disadvantage along with our other Back to Basics blogs on the 8(a) Program (this one discussing the program, generally, and this one discussing all the rules for eligibility).

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Somewhat Appealing: Which SBA Certifications Can You Appeal From?

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The U.S. Small Business Administration (SBA) runs four socioeconomic programs aimed at providing equal opportunity to participate in federal contracting. And one would think that all of them have similar options if a contractor is denied certification. One would be wrong. SBA’s Office of Hearings and Appeals (OHA) recently dismissed an appeal for lack of jurisdiction, showcasing the different options in the various programs. The contractor was decertified from the Women Owned Small Business Program (WOSB). Its owners ran afoul of an important distinction in OHA’s appeals jurisdiction, particularly the substantial difference between appealing a competitor’s protest of a contractor’s SBA certification and the government’s initial denial of a program certification. This provides an excellent opportunity to assess the regulatory differences in appellate jurisdiction between the four programs, with an eye toward successfully navigating future encounters with the OHA.

Editor’s Note: Special thanks to our law clerk Will Orlowski for his immense help in drafting this post.

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