Why 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.

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Check out SmallGovCon’s own Nicole Pottroff on the T.W.I.G. Podcast Discussing 8(a) Program Updates

Partner Nicole Pottroff recently appeared on the GovGenie This Week in Government Contracting (T.W.I.G.) Podcast. The topic was Navigating New SBA 8(a) Rules: What You Need to Know. It was a great time speaking with the hosts of that podcast, including Abraham Xiong. Check out this important information for those who are interested or currently in the SBA’s 8(a) Program, including a rundown of recent changes to the 8(a) Program.

Here is the link so you can check out the full recording.

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SBA OHA Says: Claiming Social Disadvantage? Prove it!

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

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

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

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

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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