News & Analysis as of

Small Business Affirmative Action

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Cozen O'Connor

Is this the End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter

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On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of...more

Bass, Berry & Sims PLC

Trump Administration Revises SBA’s Small Business Goals

Bass, Berry & Sims PLC on

On January 24, the SBA announced updated small business contracting goals for fiscal year 2025, significantly decreasing some goals and standardizing targets across federal agencies. These changes bring the small business...more

Schwabe, Williamson & Wyatt PC

OP-ED: Executive Orders Cannot Eliminate USDOT’s DBE Program

Within hours of taking office, President Trump executed two executive orders aimed at rescinding former President Biden’s Diversity, Equity, and Inclusion (DEI)-focused orders. Trump’s orders reached beyond actions by the...more

Schwabe, Williamson & Wyatt PC

Potential Impacts of Trump’s DEI Executive Order on SBAs, Alaska Native Corporations, ‎and Tribes

On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences,...more

Potomac Law Group, PLLC

A Status Update on Pending Legal Challenges to Federal Government Contracting Diversity Programs

As many of you know, federal contracting programs aimed at leveling the playing field for diverse and women-owned businesses have been under legal attack. An incredible number of small businesses rely heavily on these...more

Patterson Belknap Webb & Tyler LLP

Fearless Fund Decision May Impact Race-Based Grantmaking

On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in...more

McGuireWoods LLP

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

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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

Foley & Lardner LLP

Five Things to Know Regarding American Alliance for Equal Rights v. Fearless Fund

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American Alliance for Equal Rights (AAER) is suing Fearless Fund Management LLC (a black women-run company) for claims of racial discrimination and violations of Section 1981 of the Civil Rights Act of 1866 (Civil Rights...more

Blank Rome LLP

The SBA’s 8(a) Program—Possible Changes after SFFA and Ultima

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When the U.S. Supreme Court struck down affirmative action programs in the college admissions context in late June, it noted that racially conscious government programs must have a “logical end point.” Students for Fair...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...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

PilieroMazza PLLC

Construction Webinar Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance

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A fundamental goal of federal contracting is to provide greater market access to socially and economically disadvantaged individuals through performance on government contracts. Construction contractors have an important role...more

PilieroMazza PLLC

[Webinar] Construction Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance - January...

PilieroMazza PLLC on

A fundamental goal of federal contracting is to provide greater market access to socially and economically disadvantaged individuals through performance on government contracts. Construction contractors have an important role...more

Polsinelli

OFCCP Launches Online Contractor Compliance Institute

Polsinelli on

On February 21, 2020, OFCCP announced the launch of its new Contractor Compliance Institute as part of its ongoing efforts to provide guidance and training to aid federal government contractors in meeting their compliance...more

PilieroMazza PLLC

Weekly Update Newsletter - April 2019 #2

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GOVERNMENT CONTRACTING - The Small Business Administration (SBA) issued a notification of the availability of a white paper regarding the revision of its size standards methodology and explaining how it establishes,...more

Cooley LLP

Blog: Opportunities for Small Businesses in the Government Market

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The US Government is the single largest purchaser of goods and services in the world, and its annual goal is to award 23% of its prime contract dollars to small businesses. For fiscal 2013, that amounted to nearly $84...more

PilieroMazza PLLC

Weekly Update Newsletter - August 2014

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In this issue: - DoD, GSA, and NASA Issue an Interim Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - DoD, GSA, and NASA Issue a Final Rule to Amend...more

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