News & Analysis as of

Set-Aside Contracts

Morrison & Foerster LLP - Government...

SBA Proposes to Overhaul 8(a) Social Disadvantage Standard and Open the Door to DEI-Based Claims

The Small Business Administration (SBA) on Wednesday, June 10, 2026, released a proposed rule, Reforms to Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually Owned Firms Only; Reforms Do...more

Gordon Rees Scully Mansukhani

June 2026 Government Contracts Legal Update and Podcast

Congress is considering legislation that would codify the long-standing “Rule of Two” into statute, potentially strengthening one of the federal government’s most important small business contracting requirements. The...more

GovCon Update: Quantum Funding, Fixed-Price Contracts, Rule of Two

Recent developments in government contracting include a major Department of Commerce initiative to fund domestic quantum computing capabilities, continued implementation of the administration’s fixed-price contracting...more

Schwabe, Williamson & Wyatt PC

OP-ED: Federal DBE Program Changes and Impacts on Contractors

Most contractors were familiar with goals that required the utilization of a certain percentage of disadvantaged business enterprise contractors for most Oregon public improvement projects. Since October 2025, however, state...more

McCarter & English Blog: Government Contracts...

Half an Inch from a Quarter-Billion: COFC Tells Contractors to Read the Spec, Not the Industry

Half an inch. That is what stood between a health care contractor and a slice of a $260 million Department of Veterans Affairs (VA) procurement. Not a missed deadline, not a small-business misstep, not a price gaffe—half...more

B2Gnow

The USDOT Interim Final Rule: A Roadmap to Compliance for Agencies

B2Gnow on

The 2025 USDOT Interim Final Rule (IFR) for DBE and ACDBE programs marks a significant shift in how agencies manage certification, goal setting, and compliance. Introduced on October 3, 2025, the IFR requires immediate...more

Morrison & Foerster LLP - Government...

Shot Across the Bow or a Fatal Strike: New Senate Bill Would End 8(a) and Women-Owned Small Business Preferences

For all its controversy, complications, successes, and failures, the Small Business Administration’s 8(a) Business Development Program (the “8(a) Program”) has served as an access point for socially and economically...more

Cooley LLP

Basics of Qualifying as a Small Business for United States Federal Government Contracts

Cooley LLP on

Emerging companies, startups and other early-stage companies often hear about the potential benefits of entering the US government market, and for good reasons....more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Commerciality, Acknowledging Solicitation Amendments, and Substantiation

In this month’s protest roundup, we consider two protests before the Government Accountability Office (GAO) and a status protest before the Small Business Administration (SBA) Office of Hearings and Appeals (OHA). The first...more

Morrison & Foerster LLP - Government...

Bid Protest Roundup: Timeliness Is of the Essence

Three U.S. Government Accountability Office (GAO) decisions issued in January 2026 deliver a consistent and unforgiving message: timeliness rules are not technicalities—they are dispositive gatekeeping requirements. In each...more

Adams & Reese

8(a) Federal Contracting Program: What Veteran Business Owners Need to Know About Potential Changes

Adams & Reese on

If you’re a veteran small business owner interested in working with the federal government, you are likely familiar with the 8(a) program through the U.S. Small Business Administration. If you’re not familiar, you may have...more

PilieroMazza PLLC

Sending Out An SOS for the LOS

PilieroMazza PLLC on

The limitations on subcontracting, or LOS, is a fundamental requirement of set-aside contracting. Historically, however, the LOS has not received as much attention as other set-aside compliance obligations that are more...more

Bradley Arant Boult Cummings LLP

What 8(a) Contractors Should Do After Receiving an SBA Suspension Notice

A suspension notice from the U.S. Small Business Administration (SBA) can have immediate and significant consequences for a participant in the 8(a) Business Development Program. ...more

Schwabe, Williamson & Wyatt PC

Senate Committee on Indian Affairs Holds Hearing Examining the SBA Native 8(a) Program

We recently provided an update regarding ongoing activities involving the Small Business Administration (SBA) and the SBA’s 8(a) Program, including one on a hearing held by Senate Committee on Small Business and...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: January 2026

Holland & Knight LLP on

Welcome to Holland & Knight's monthly defense news update. We are pleased to bring you the latest in defense policy, regulatory updates and other significant developments. If you would like additional information on anything...more

Warner Norcross + Judd

Department of War Issues Line-by-Line Review of 8(a) Contracts — Are You Compliant with 8(a) Requirements?

Warner Norcross + Judd on

A recently made public Department of War Secretary Memorandum (Memo) dated Jan. 16, 2026, orders a line-by-line review of all small business 8(a) sole-source and set-aside contracts with over $20 million in contract awards....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New SBA 8(a) Guidance Signals Shift in Interpretation of Who Is ‘Socially and Economically Disadvantaged’

On January 22, 2026, the U.S. Small Business Administration (SBA) issued policy guidance indicating that it will administer its 8(a) business development program on a strictly neutral basis going forward. ...more

Bass, Berry & Sims PLC

SBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All...

Bass, Berry & Sims PLC on

The U.S. Small Business Administration (SBA) has suspended 1,091 participants in the 8(a) Business Development Program after concluding that those firms did not timely submit required documentation in response to SBA’s recent...more

Schwabe, Williamson & Wyatt PC

DoD Directive Triggers Review of High-Value 8(a) and Small Business Contracts

On January 16, 2026, Secretary of Defense Peter Hegseth issued a directive to all Department of Defense agencies and departments to review all small business sole source awards and set-aside awards above $20 million in...more

Maynard Nexsen

8(a) Client Alert: Secretary Hegseth Directs Line-by-Line Review of All Small Business Sole-Source and Set-Aside Awards Over $20...

Maynard Nexsen on

This alert is a follow-on to our prior coverage of the SBA's December 2025 announcement that every 8(a) participant (over 4,300 firms) was required to submit detailed financial records covering the last three fiscal years...more

Morrison & Foerster LLP - Government...

Defense Department Initiates Review of 8(a) and Small Business Awards (Not Just Sole-Source Awards)

In a memorandum dated January 16, 2026, the Department of Defense (DoD) has directed a department-wide review of every small business set-aside award in excess of $20 million. The Department has also ordered a review of all...more

Holland & Knight LLP

SBA Issues Formal Guidance Regarding the 8(a) Program

Holland & Knight LLP on

The U.S. Small Business Administration (SBA) on January 22, 2026, issued a press release and formal guidance related to the 8(a) Business Development Program (8(a) Program). The 8(a) Program provides federal government...more

McGuireWoods LLP

DoW Announces Line-by-Line Review of Certain 8(a) Contracts Amid Government-wide Scrutiny of the 8(a) Program

McGuireWoods LLP on

On January 16, 2026, the Secretary of War Pete Hegseth posted a video on social media announcing that the Department of War will conduct a “line‑by‑line review of every small business, sole source, 8(a) contract that is over...more

Morrison & Foerster LLP - Government...

End of an Era: State of Recertification Regulations Grace Period

The Small Business Administration (“SBA”) grace period for implementation of its new recertification regulations ended as of January 17, 2026. As we previously advised, last year SBA substantially rewrote its recertification...more

Cozen O'Connor

SBA 8(a) Program Audit – December 2025 Update

Cozen O'Connor on

The Small Business Administration (SBA) is moving full steam ahead with its promised 8(a) Program Audit. The 8(a) Program is designed to help small and disadvantaged businesses compete in the federal marketplace and provides...more

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