SBA has apparently (at least to some extent) followed through on its promise to “return” pending individual-owned 8(a) applications for further applicant revisions to demonstrate social disadvantage. Indeed, we now know at least some (if not all) individual-owned 8(a) applicants got such notification and direction from SBA today. And along with it, they all apparently got a 45-day deadline! Fortunately, along with this action, SBA also provided Volume II FAQs about its social disadvantage updates–which appear to answer at least some of our remaining questions.
Continue readingTag Archives: 8(a) program
8(a) Program Impacts of SBA’s Final Rule on Social Disadvantage
Our readers already know that SBA finally updated its 8(a) Program social disadvantage regulation to reflect SBA’s current policies and application review standards and procedures. And that new rule takes effect today! We previously blogged on this regulatory update here. We also blogged on the corresponding guidance issued by SBA here. In this article, we will take a more in-depth look at the new final rule, its potential implications, and some of the remaining questions it leaves unanswered.
Continue readingBreaking: SBA Releases Guidance on 8(a) Social Disadvantage
On August 28, SBA released an 8(a) Social Disadvantage Regulation list of Frequently Asked Questions. This guidance provides more details to implement SBA’s final rule to revamp the social disadvantage rule for the 8(a) Program that will become effective on September 10.
Here are some key points from this guidance.
Continue readingNot Quite Tribally Owned: A Lesson on Tribally-Owned Entities and the 8(a) Program
Not every participant in the 8(a) Business Development Program is owned by socially and economically disadvantaged individuals. There are also a sizable number of entities that are owned by Native American tribes, Native Alaskan entities, Native Hawaiian organizations, either directly or through other entities (collectively, we’ll call them Tribally-Owned Entities). While the presumption of social disadvantage for 8(a) eligibility for members of certain ethnic and racial minorities was found unconstitutional (and is formally being removed), Tribally-Owned Entities go by a different set of rules that makes admission into the 8(a) Program easier. That does not, however, mean that these rules apply to any and all entities owned by a Native American or even where actions are supposedly taken on behalf of a Native American tribe. A company learned this the hard way in a recent SBA Office of Hearings and Appeals (OHA) decision that we’ll explore today.
Continue readingBreaking: SBA Finalizes Rule to Remove Social Disadvantage Presumption for 8(a) Program
SBA has issued a final rule to revamp the social disadvantage rule for the 8(a) Program. We wrote about SBA’s proposed rule from June 11, 2026 that would “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” The SBA has now issued a final rule that would do just that. The rule continues the trend of the Ultima decision in 2023, which ruled 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. Now, SBA has formally issued a rule to eliminate any mention of the presumption from the regulations. SBA’s rule replaces 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 details.
Continue readingBreaking: SBA Proposes to Remove Social Disadvantage Presumption for 8(a) Program
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 readingGovCon FAQs: Should I Apply Simultaneously for All SBA Statuses I’m Eligible For?
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?
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