News & Analysis as of

Fifth Amendment Small Business Administration

Dunlap Bennett & Ludwig PLLC

The “New” Narrative Requirement In SBA 8(a): Business Development Program Eligibility For Socially And Economically Disadvantaged...

The US Small Business Administration (“SBA”) has a long history of supporting socially and economically disadvantaged business owners under Title 15, Chapter 14A, Sections 636(j)(10) and 637(a) of the United States Code. One...more

McGuireWoods LLP

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

McGuireWoods LLP on

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Cozen O'Connor

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy

Cozen O'Connor on

Some significant (perhaps short-term) changes have rapidly come to the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) or the Program) following a U.S. Federal District Court for the...more

Dunlap Bennett & Ludwig PLLC

SBA 8(A) Business Program Pause: Minority-Owned Businesses Can’t Rely On SBA’s Rebuttable Presumption Of Social Disadvantage

The U.S. District Court for the Eastern District of Tennessee recently issued a decision holding that a rebuttable presumption of social disadvantage for certain minority groups to qualify for inclusion in the Small Business...more

Pillsbury Winthrop Shaw Pittman LLP

The SBA Makes Significant Changes to 8(a) Program

The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional. All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more

Morgan Lewis

SBA Makes Major Changes to 8(a) Business Development Program Regarding Social Disadvantage

Morgan Lewis on

The US Small Business Administration (SBA) temporarily suspended new application submissions to its 8(a) Business Development program, and it will require many existing participants to explain why they qualify for the program...more

McCarter & English Blog: Government Contracts...

.SBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs.

As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just “temporarily suspended” new 8(a) application submissions. For those of you who haven’t been following along the...more

Clark Hill PLC

Federal Court Throws Wrench Into the SBA’s 8(a) Program by Finding the SBA’s Rebuttable Presumption of Social Disadvantage...

Clark Hill PLC on

On July 19, the U.S. District Court for the Eastern District of Tennessee found unconstitutional the Small Business Administration’s 8(a) Program regulations which establish a rebuttable presumption of social disadvantage for...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

Holland & Knight LLP on

The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

Schwabe, Williamson & Wyatt PC

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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses - March 2021 #3

PilieroMazza PLLC on

LITIGATION & DISPUTE RESOLUTION - Do Corporations Have Fifth Amendment Rights Against Self-Incrimination? The Corporate Designee’s Rights in a FRCP 30(b)(6) Deposition - Anyone who has watched a courtroom television...more

PilieroMazza PLLC

U.S. Supreme Court Denies Petition for Certiorari on Constitutional Challenge to 8(a) Program

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On October 16, 2017, the U.S. Supreme Court denied the petition for a writ of certiorari filed by Rothe Development, Inc. in Rothe Development, Inc. v. Department of Defense & Small Business Administration. Rothe, a...more

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