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District Court Rules SBA Presumption of Social Disadvantage Is Unconstitutional

On Thursday, July 20, 2023, the United States District Court for the Eastern District of Tennessee issued an order in Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041, finding that the rebuttable presumption (legal...more

SBA Adopts Rule to Increase Monetary-Based Size Standards

On Wednesday, July 19, 2023, the Small Business Administration (“SBA”) published a final rule permanently adopting a 13.65 percent (13.65%) increase in the monetary-based size standards for SBA small business programs. The...more

SBA 8(a) Program Regulatory Changes: Joint Ventures

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

SBA 8(a) Program Regulatory Changes: Limitations on Subcontracting

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

SBA 8(a) Program Regulatory Changes: ‎8(a) Business Activity Targets ‎

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

Latest Bruckner Lawsuit Challenges Minority Business Development Agency

In 2022, Christian Bruckner and his company, Project Management Corporation, sued the federal government in the U.S. District Court for the Middle District of Florida (Tampa Division). The plaintiffs claimed that the...more

SBA Series: Bona Fide Place of Business Requirements

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Summary of New Changes to the SBA’s 8(a) Regulations

The final rule is currently scheduled to go into effect on May 27, 2023 On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program....more

Update on Challenge to the Constitutionality of the SBA 8(a) Program

In Ultima Services Corporation v. U.S. Department of Agriculture et al., Case No. 2:20-CV-‎‎00041, Ultima Services Corporation filed suit in the U.S. District Court for the Eastern District of ‎Tennessee (Greenville Division)...more

Agencies Issue Notice of Proposed Regulations Amending FAR

On October 15, 2020, the U.S. Small Business Administration (SBA) issued a final rule making changes to the SBA’s 8(a) program regulations “to more clearly articulate SBA’s intent with regard to certain aspects of the 8(a)...more

DOD Issues Final Rule on SBA Joint Venture Eligibility ‎

On October 28, 2022, the Department of Defense’s amendments to FAR 52.212-3 and FAR 52.219-1 became effective. These changes amended the Federal Acquisition Regulations to be in line with prior changes by the SBA to its...more

SBA Adjusts Standards and Thresholds for EDWOSB and 8(a) Business Development Programs

Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim...more

SBA’s Proposed Revisions to 8(a) Regulations

On September 9, 2022, the U.S. Small Business Administration (SBA) issued a notice of proposed rulemaking regarding “Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program.”...more

SBA Proposes Rules that Could Have Significant Impact on ANCs

The SBA has published a notice of “Tribal Consultation for Ownership and Control and Contractual Assistance; Requirements for the 8(a) Business Development (BD) Program and other Planned 8(a) BD Program Regulatory Proposals.”...more

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