While some federal contractors have (understandably) been focused on the court decision that found the 8(a) Program’s rebuttable presumption of social disadvantage for members of certain racial minorities unconstitutional, the SBA doesn’t just operate the 8(a) Program. It has to look out for all small businesses in America as well. In connection with this obligation, the agency recently released a new web application that allows visitors to discover a great deal about federal small business awards and socio-economic set aside awards. Called the “Small Business Data HUB,” this free program provides some interesting insights on how the government awards contracts. In this post, we’re going to explore this datahub a little and see what’s going on.
Continue readingTag Archives: SBA
8(a) Social Disadvantage Narratives: What SBA is Looking For–Now, From ALL Individually-Owned 8(a) Applicants and Participants
Writing a social disadvantage narrative for application to SBA’s 8(a) Business Development Program has always been an arduous undertaking–to say the least. And up until a recent Federal District Court decision (which we blogged on here), only a small portion of 8(a) Program applicants had to submit this time-consuming, highly personal, difficult task. But now (as discussed in the above-linked blog and in this blog on SBA’s recent actions in response to the decision), this requirement is being expanded to all individual applicants that haven’t already provided a social disadvantage narrative. You can read much more about SBA’s implementation of this here. But essentially, you will need to write a social disadvantage narrative if you are an individually-owned1 8(a) applicant or program participant who is trying to get into the 8(a) Program or already in the 8(a) Program–even if you were planning to or already had relied on the rebuttable presumption of social disadvantage (which SBA can no longer use).
Fortunately, we have been drafting these narratives for a long time now, meticulously studying and utilizing: (i) SBA’s rules, policies, and guidance on social disadvantage narratives (recent guidance can be found here); (ii) SBA’s feedback on individual narratives; and (iii) SBA’s Office of Hearings and Appeals (OHA) decisions covering the SBA’s initial appealed decisions on applicants’ social disadvantage eligibility–as well as OHA’s final decisions on the appeals. So, while SBA’s current regulations and guidance can guide your pen, they are certainly not the only source of helpful information out there. Let’s take a look at some SBA guidance and recommendations based on SBA’s actual decisions that may increase your chances for success.
Continue readingSmallGovCon Week in Review: August 14-18, 2023

Happy Friday! School started this week and I’m not sure who was more excited, the kids or the parents? Seems like the summer school break flew by. It’s really fun to see all those first day of school photos that the parents are posting.
Here in Lawrence, Kansas the university students are also back in town and the energy level is always palpable as the semester is starting. We hope you had a nice summer and were able to get out and enjoy a little family time, prior to the start of the school year. Enjoy the weekend!
And now, the news in federal government contracting, as the fiscal year comes to a close, there are updates on some big MACs, government IT and cybersecurity, and new DOL regulations.
Continue readingSmallGovCon Week in Review: August 7-11, 2023

Hello, Readers! Many small business contractors and agency personnel are paying close attention to the fallout from the recent court decision on the 8(a) Program, as shown in this week’s articles. For an explanation of the decision, see the post from John Holtz, while Nicole Pottroff has explained SBA’s pause on taking current 8(a) Program applications. Another big story was DOL’s new rules.
We hope you have a wonderful weekend and please refer to our most recent blog posts for additional information on federal government contracting matters.
Continue readingSmallGovCon Week in Review: July 31 – August 4, 2023

Happy Friday, Readers! As we move into a new month this week, big things are happening in the world of federal government contracting, from the impacts of recent federal court decisions on SBA’s 8(a) Program–to the ever-developing conversations about artificial intelligence and social media (and the benefits, limitations, and concerns surrounding each). But amidst many a changing landscape, some things certainly remain constant–the likelihood of facing severe consequences for dishonesty and fraud at the federal government level, for one. Read about all of these topics and many more in the articles below. And have a great weekend!
Continue readingSmallGovCon Week in Review: July 17-21, 2023

Hello and Happy Friday! We hope you had great week and are finishing the week strong today. The SBA and Whitehouse announced that the current administration exceeded its small business goal with a record breaking $163 Billion in federal procurement opportunities. That’s an $8.7 billion increase from the previous year, which is great news for small businesses. You can read more about this and other newsworthy articles below. Have a great weekend.
Continue readingRecent NAICS Code Appeal Demonstrates Contractor Strategy to Limit Competition
While every federal government contractor is likely familiar with bid protests, whether directly involved in one or not, it is far less likely that those same contractors are as familiar with NAICS code appeals. This is probably due to the infrequent nature of NAICS code appeals, with roughly 20 being filed each year. However, even if so few are filed annually, they tend to have a relatively high success rate, with appeals decided on the merits being decided in favor of the Appellant about 50% of the time. Below, I will take a look at a recent NAICS code appeal to help demonstrate what the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) takes into account when reviewing NAICS code appeals, and why you, as a contractor, should review a solicitation’s classification to potentially give you a leg up.
Continue reading