Every few years, SBA updates its size standards for small businesses. In most years, these updates, while notable, are not groundshaking, and usually just account for inflation. That cannot be said of the most recent proposed changes. We do not use hyperbole here, but, sometimes, emphatic language must be used. SBA is proposing what can only be described as absolutely massive changes to its size standards for small business contracting. On August 19, 2026, SBA released its proposal for what can only be described as a new size standard paradigm. We explore these in greater detail here, and plan on one or more follow-up posts as there are multiple aspects of the system that would be changed if the proposal is finalized.
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OHA: Venturer Not Affiliated with Joint Venture, SBA Has No Duty Explore Outside Size Protest Record
Affiliation is a notorious term in the world of federal procurement, especially when it comes to SBA size determinations. And affiliation analyses can be even more confusing when it comes to joint ventures. A recent SBA OHA decision, however, answered some common questions regarding joint ventures and affiliation. It also reiterated some fundamental standards of a size determination and OHA size determination appeal.
Continue readingCounting the Hours: SBA Adding More MPA Requirements
The SBA’s Mentor-Protege Program (MPP) continues to be one of the most popular programs at the SBA. The MPP is a great way for federal contractors to grow and learn from more experienced contractors, in a way that is shielded from size affiliation risks. Historically, the Mentor-Protege Agreement (MPA) between a mentor and protege was a flexible document that allowed the parties to make sure their participation in the program truly fit their processes and aims in their own words. However, in recent years the SBA’s MPA reviews have seemingly taken stricter stances on the format and content of the MPA, leading to confusion among contractors on what they are supposed to draft in their MPA. Recently, we have become aware of the SBA implementing more requirements on MPAs that contractors are not warned about prior to applying to the MPP.
Continue readingTiming is Everything: The Key to Timely SDVOSB Status Protests
When filing a Service-Disabled Veteran Owned Business (SDVOSB) status protest, timing is critical. A single missed deadline may be the difference between a successful protest and a protest that is never heard. Missing established filing deadlines can result in your protest being dismissed, regardless of how compelling your arguments are. The Small Business Administration (SBA) will enforce these timing rules strictly. In particular, can a contractor ask the agency to simply investigate a company for SDVOSB compliance? And does such a request need to meet the timing requirements? A recent OHA decision answers these questions.
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?
Continue readingWhy File: An Appeal of an 8(a) Program Termination
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 readingBREAKING: 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.
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