News & Analysis as of

Minority-Owned Businesses Small Business Administration

Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

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On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

McGuireWoods LLP

Federal Court Strikes Down Race- and Ethnicity-Based Programming Criteria

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On March 5, 2024, the U.S. District Court for the Northern District of Texas ordered the Minority Business Development Agency (MBDA) to cease using race or ethnicity as a basis for determining access to agency programming....more

Schwabe, Williamson & Wyatt PC

U.S. District Court Bars Racial Criteria for Minority Business Development Agency Programs

On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more

PilieroMazza PLLC

SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

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The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology...more

Davis Wright Tremaine LLP

8(a) Program's Future in Question as New Arguments are Raised in Federal Court

As the Small Business Administration ("SBA") has scrambled to adapt to the July 19, 2023, federal court decision that found the 8(a) program's rebuttable presumption of social disadvantage for certain races and ethnicities to...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – September 2023

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GSA’s OASIS Unrestricted Contract Now Runs Until March 2025, GovConWire - The General Service Administration added six months to the initial period of performance for the One Acquisition Solution for Integrated Services...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

McCarter & English Blog: Government Contracts...

SBA Confirms Social Disadvantage Narrative Is Required for Program Participants

For those of you eagerly awaiting news on the recent shake-up of the Small Business Administration’s (SBA) 8(a) program, I have updates! Consistent with industry predictions, SBA will now require all applicants and certain...more

PilieroMazza PLLC

SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval

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As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage violated...more

Schwabe, Williamson & Wyatt PC

Evolving federal requirements may affect Alaska small businesses, Native corporations

Over the past forty years, federal government contracting has cemented its status as one of the primary drivers of the Alaska economy. Alaska Business’ annual Top 49ers routinely showcases businesses for whom federal...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

Schwabe, Williamson & Wyatt PC

The Impact of Ongoing Challenges to Federal Programs

In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more

Ervin Cohen & Jessup LLP

SBA Shutting Down RRF Portal on July 14

On July 14, 2021, the Small Business Administration (“SBA”) will officially close its Restaurant Revitalization Fund (“RRF”) portal. This move raises questions about whether the RRF funds will be replenished, despite pending...more

Ervin Cohen & Jessup LLP

Congress Considers Replenishment of Exhausted RRF Funds

The much anticipated Restaurant Revitalization Fund (RRF) was deluged with applicants. According to Restaurant Dive, more than 362,000 applications were received in the first three weeks of the program for a total of $75...more

Mitratech Holdings, Inc

The Importance of Vendor Diversity

Vendor diversity is an important, even essential part of DEI. Even though some organizations may not have realized it yet. What is vendor diversity? While diversity, equity and inclusion, or DEI, has become more and...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Foster Swift Collins & Smith

Women Owned Small Business Certification Program - Part Two: Certification and Benefits

This is the second part in a series discussing the Women Owned Small Business (“WOSB”) certification program with the U.S. Small Business Administration (“SBA”). Part One  summarizes the eligibility requirements....more

McCarter & English, LLP

PPP 2.0 Changes To Prioritize Underserved Small Businesses

President Biden has announced changes to the Paycheck Protection Program 2.0 (PPP) designed to direct more funding to women-owned and minority-owned businesses as well as low- and moderate-income, rural, and other underserved...more

Husch Blackwell LLP

SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Husch Blackwell LLP on

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees...more

Morrison & Foerster LLP - Government...

Access To Capital-Funding Opportunities For Minority-Owned Businesses In Government Procurement (Guide 4 Of 4)

Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of...more

Morrison & Foerster LLP - Government...

8(A): The Small Business Administration’s Program For Socially & Economically Disadvantaged Businesses (Guide 3 Of 4)

SBA’S 8(A) BUSINESS DEVELOPMENT PROGRAM- WHAT IS THE 8(A) PROGRAM AND WHAT IS IT INTENDED TO DO? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small...more

Morrison & Foerster LLP - Government...

Roadblocks Inherent To The Public Procurement Process For Minority-Owned Businesses (Guide 1 Of 4)

In the next four posts, we will share guides specific to federal contracting as a minority-owned small business. Minority-owned businesses often face unique challenges in the public procurement process due to systemic...more

Nutter McClennen & Fish LLP

Special Edition Nutter Bank Report: COVID-19 Relief in the Consolidated Appropriations Act, 2021

A long-awaited bipartisan stimulus bill was signed into law by President Trump on December 27, 2020. Included in the law, known as the Consolidated Appropriations Act, 2021 (the “Act”), are economic stimulus measures and a...more

PilieroMazza PLLC

WOSB Certification Required Beginning October 15 – Are You Ready?

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As a reminder, beginning on October 15, 2020, all women-owned small businesses (WOSBs) and economically disadvantaged women-owned small businesses (EDWOSBs) pursuing WOSB/EDWOSB set-asides, as well as solicitations with pools...more

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